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About . . .

Massachusetts Consumer Rights Attorney Kenneth D. Quat

False Advertising

Residents of Massachusetts are indeed fortunate to be protected by one of the strongest consumer protection laws in the nation. This law — often referred to as “Chapter 93A” — prohibits “unfair and deceptive trade practices.”

Chapter 93A covers a wide range of improper conduct by businesses. It has been interpreted by our courts to mean that any material statement or representation that has the “capacity or tendency to deceive” is unlawful. Non-disclosure of important information about a product or service can also violate the statute.

Chapter 93A provides a powerful remedy for consumers. If it is proven in court that the conduct in question violated Chapter 93A, the consumer must be awarded actual damages or $25, whichever is greater.  In cases where the conduct is shown to have been willful and knowing, the damages must be doubled or trebled by the court. The consumer will also be awarded costs and reasonable attorney’s fees. 

Examples of false advertising cases in which Quat Law Offices has been involved include:

  • Class action against Pfizer for misrepresenting that Listerine antiseptic mouthwash is “as effective as floss” (pending);
  • Class action against Gillette for misrepresenting that the M3 power razor provides a closer shave by lifting facial hair off the skin (pending);
  • Class action against Frito-Lay for failing to adequately disclose that certain snack products contain olestra, a “fake-fat” ingredient to which certain people are extremely sensitive (settled before litigation).

If you have purchased or leased a product, or used a service that was misrepresented in any significant respect, we would like to hear from you. There is no charge for a case evaluation. 

If your claim is valid, you may pursue it as either an individual or class action case, depending on the circumstances.