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Massachusetts Consumer Law Questions & Answers
1 Answer | Asked in Energy, Oil and Gas and Consumer Law for Massachusetts on
Q: Can electric company in MA collect charges for 9 months not billed due to meter issues?

I am concerned about a situation where my electric company in Massachusetts has not billed me for electricity from June 2024 due to issues with their meter. They have since corrected the issue, but now I have 9 months' worth of outstanding billing. Is there any restriction in Massachusetts... View More

James L. Arrasmith
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answered on Apr 11, 2025

It’s completely reasonable to feel overwhelmed when faced with a surprise electric bill covering nine months of usage, especially when the delay wasn’t your fault. In Massachusetts, electric utilities are allowed to back-bill for unbilled usage caused by meter errors, but they must follow... View More

2 Answers | Asked in Medical Malpractice, Personal Injury, Identity Theft and Consumer Law for Massachusetts on
Q: Do I have a case for medical mistreatment and misidentification after a hospital visit in MA, November 2024?

In November 2024, I was brought to a hospital unconscious by ambulance after a slip and fall. At the hospital, my identity was mistakenly recorded, despite providing my legal name multiple times. My fractured left hip was initially missed in the x-ray, and I was left on a stretcher, ignored despite... View More

Christopher Tolley
Christopher Tolley
answered on Apr 2, 2025

This is a question for a medical malpractice attorney. I think we are not supposed to give you actual names of attorneys but if you check the internet the big local firms will come up, Lubin & Meyer, Crowe & Haris, etc. Try one of them.

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1 Answer | Asked in Consumer Law and Civil Litigation for Massachusetts on
Q: Why did I receive an unexplained $100 check from a company?

I received a check for $100 from a company I have never done business with. The check came with no explanation or additional information, except it has "Deposit - my address" written on it. I have not contacted the company yet. What could be the reason for receiving such a check, and what... View More

James L. Arrasmith
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answered on Apr 12, 2025

Receiving an unexpected check can be confusing, especially with no explanation attached. The check could be part of a refund, a promotional offer, or even a mistake, such as an error in a billing process or overpayment. It's also possible that it could be related to a class-action settlement... View More

1 Answer | Asked in Consumer Law and Intellectual Property for Massachusetts on
Q: Can I train AI on recipe ingredients and timing under ToS?

I want to train an AI model on recipes from a website, using only the ingredients and the time it takes, ensuring I don't violate copyright laws by avoiding personal anecdotes or creative ideas. The website's terms of service state: "(f) you shall not use any data from the Services... View More

James L. Arrasmith
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answered on Mar 23, 2025

Looking at the situation you've described, you would indeed be violating the website's terms of service. The terms explicitly state that you cannot use data from their services for training any machine learning or intelligence system - this prohibition covers even basic information like... View More

1 Answer | Asked in Contracts, Employment Law and Consumer Law for Massachusetts on
Q: Is it legal for Knack to withhold payment because students must complete a recap form?

I am a tutor working as a 1099 contractor through a third-party service called Knack at my university. Knack recently implemented a policy requiring students to complete a session recap before I receive payment. Despite my performance in the session, I have no control over whether students complete... View More

James L. Arrasmith
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answered on Apr 11, 2025

That situation feels incredibly unfair, especially since you're doing the work and then being held hostage by something outside your control. As a 1099 contractor, you’re being treated as self-employed, which means you should be paid for services you’ve completed regardless of what the... View More

1 Answer | Asked in Contracts, Business Law and Consumer Law for Massachusetts on
Q: Is a moving company liable for damages to old equipment if careless, despite liability clause?

I am considering hiring a moving company in Massachusetts to relocate heavy equipment weighing between 100-300 pounds, which involves navigating two staircases. The movers' contract states they are "not liable for any damages to discontinued units or units over 10 years old." My... View More

James L. Arrasmith
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answered on Apr 12, 2025

A liability clause in a moving company’s contract can limit their responsibility for damages to specific items, such as older equipment. However, these clauses generally do not protect the company from liability if the damage is caused by gross negligence or recklessness. If the movers are... View More

1 Answer | Asked in Divorce, Domestic Violence, Landlord - Tenant and Consumer Law for Massachusetts on
Q: Can my husband remove me from home, or can I remove his girlfriend? (MA)

My husband and I have been married for 18 years and live in the same house but on different floors. He resides in the basement, which is an in-law apartment. His girlfriend has been living there without any rental agreement for over two years, even though she has her own apartment through Section... View More

Matthew McKenna
Matthew McKenna
answered on Mar 9, 2025

My answer is only directed towards her taking out a cable bill and other debt in your name. I will let someone else address the other issues raised. You can file a police report and a FTC Fraud Affidavit detailing that these accounts were not taken out by you. From there, you'll want to... View More

1 Answer | Asked in Consumer Law, Estate Planning, Civil Rights and Internet Law for Massachusetts on
Q: Is it legal in Massachusetts for a funeral home to post an obituary without the family's consent?
James L. Arrasmith
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answered on Feb 9, 2025

In Massachusetts, a funeral home should not publish an obituary without the family's consent. While obituaries are not legally required, they often contain personal details that the family has a right to control. Unauthorized publication could raise concerns about privacy and respect for the... View More

1 Answer | Asked in Consumer Law and Products Liability for Massachusetts on
Q: I am am a MA based window treatment home service retailer and want to know if I can sell covered products outside of MA?

Massachusetts General Law Chapter 21a part I title II sec 28 states a manufacturer or retailer shall not sell, offer or manufacture for sale, distribute in commerce or import into the commonwealth a covered product. I sell into households outside of MA as well and can direct ship to the customer.... View More

Christopher Tolley
Christopher Tolley
answered on Dec 27, 2024

I think the manufacturer makes a good point. G.L.c. 21A s, 28(b) states: "(b) A manufacturer or retailer shall not sell, offer or manufacture for sale, distribute in commerce, or import into the commonwealth . . ." The words distribute in commerce can be read to mean sale to citizens of... View More

1 Answer | Asked in Consumer Law, Contracts and Tax Law for Massachusetts on
Q: I bought a new car, which wasn't driven off the lot. I'm moving to NH from MA in two weeks. Could I register it in NH?

I am currently a Massachusetts resident and I bought a new car at a New Hampshire dealership. I felt rushed and signed the papers for financing and put in a $2500 deposit. The vehicle I purchased was not yet delivered to the dealer as it was "in transit" so I didn't take possession... View More

James L. Arrasmith
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answered on Jul 18, 2024

You can register the car in New Hampshire directly if you establish residency there before taking possession of the vehicle. Since you haven't taken delivery yet and will be a New Hampshire resident when the car arrives, you should be able to register it in NH without needing to register it in... View More

1 Answer | Asked in Consumer Law, Criminal Law, Civil Rights and Sexual Harassment for Massachusetts on
Q: my pawn SHOP VERY RECENTLY SEIZED AND SOLD TWENTY OF MY CLASIC GIUITARS. I DID RECIEVE OVERDUE NOTICES

I ALSO HAVE A SERIOUS ISS UE WITH ABUSE FROM ONE OF THEIR EMPLOYEES. I WENT IN THERE .A NUMBER OF TIMES HE TOLD ME THE COMPUTER WAS OVERLOADED WITH MY ACCOUNT. I HAD TO WAIT UP TO FORTY MINUTES FOR THE COMPUTER TO MYTHOLOGICALLY FIX ITSELF. HE WAS LYING. THIS EMPLOYEE IS SO FEROCIOUS I AVOIDE GOING... View More

James L. Arrasmith
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answered on Mar 29, 2024

I'm sorry to hear about the troubles you've had with your pawn shop, including the loss of your classic guitars and the difficult interactions with an employee. It's important to address both the financial and the interpersonal issues you've experienced. Given the overdue... View More

1 Answer | Asked in Consumer Law for Massachusetts on
Q: Can auto manufacturers change the window sticker of a vehicle already on a lot to increase the price?

My new truck had an online sticker price of $67070, when I picked it up the window sticker in the glove box said $65380. FCA RAM LLC allows customers to lookup stickers online, when I did this it said $67070. The VIN is the same on both stickers, they decided at some point to change the price... View More

James L. Arrasmith
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answered on Nov 30, 2023

In Massachusetts, the situation you described regarding the changing of a vehicle's window sticker price is not typical and raises several legal questions. Vehicle pricing, especially for new vehicles, is generally expected to be transparent and consistent.

The window sticker, often...
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1 Answer | Asked in Consumer Law for Massachusetts on
Q: My solar panels have been damaged by rodents. Company says warranty does not cover damage.

I have a question about my solar warranty. The system was installed in 2017 and is still under warranty. Squirrels (presumably) have built a nest and chewed some of the connections under one of the panels, but the company says their warranty does not cover this damage. I think the company... View More

Christopher Tolley
Christopher Tolley
answered on Oct 31, 2023

After a brief check I was unable to find any state regulations governing solar installers or installations. They may exist. Can you call your local building inspector and ask if there are any such regulations or regulations that would generally apply to correctly securing equipment from animal... View More

1 Answer | Asked in Consumer Law, Civil Litigation and Civil Rights for Massachusetts on
Q: I have been scammed by an online seller ! What do I do ?

My brother recently bought a car from Facebook Marketplace. The car had a legal title with the seller’s name and no lienholder mentioned. My brother took the title to RMV and was able to register the car under his name (which means title was original). After a couple of months, a towing company... View More

Christopher Tolley
Christopher Tolley
answered on Oct 27, 2023

If your brother has an unencumbered title and it is the same vehicle the car should not have been repossessed. Your brother should call the attorney general o get a lawyer to get the car back.

1 Answer | Asked in Consumer Law for Massachusetts on
Q: Is there anyone else I should contact or any legal recourse?

I’ll start with this is taking place in Massachusetts. A former tenant received mail in June from an attorney’s office. I marked the mail, return to sender and sent a separate certified letter advising the person no longer lived at my home. Last week a mailing for the tenant came in from the... View More

Christopher Tolley
Christopher Tolley
answered on Aug 20, 2023

If no relief is being sought against you, this is of no issue to you. The attorney's acts may be incorrect, ignorant or unfair but you have no right to redress against him. You may want to send the former tenant (if you know where he is) the letters you sent to the attorney and the court for... View More

1 Answer | Asked in Consumer Law, Products Liability, Lemon Law and Small Claims for Massachusetts on
Q: I returned goods that I bought because I was not happy with it. Vendor does not want to return my money. What can I do?

I recently bought a stair lift from a vendor who came recommended by a friend. This was for my 87 year old dad who is 5'4". I paid $4000. The vendor asked me for pictures of the location. So, I sent him a picture of the stairway which has a door at the bottom. He mentioned that the stair... View More

Tim Akpinar
Tim Akpinar
answered on Aug 30, 2023

A Massachusetts attorney could advise best, but your question remains open for three weeks. A starting point could be to review the terms of the agreement or consult with an attorney to review them with you. Good luck

1 Answer | Asked in Consumer Law and Business Law for Massachusetts on
Q: I'm a resident in MA who ordered a set of customized pencils; the TX company sent me pens w/o telling me. Can I sue?

The TX company is offering a 20% discount on the product they sent, which makes me feel they know they did something wrong. The pens are OK, but I had a desperate need for these mechanical pencils to give to my employees for music editing purposes - one cannot edit rented music with pens.

Michael M Marques
Michael M Marques
answered on Jul 30, 2023

Yes, you are correct. They did not fulfill the order properly so they are attempting to mitigate the damages for you and the profit loss for them by offering you 20% off the order you did receive. That does not necessarily mean you have to accept. There may be a few options available to you.... View More

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Massachusetts on
Q: Is this situation considered "charging for services not provided" under Consumer Protection Chapter 93a?

I purchased a "package" of 10 day school classes for my dog with a dog training company. After using 6 of those classes I was fired as a client without discussion or reason. The company is refusing the refund me for the remaining 4 classes. Since I was already charged for these classes... View More

Christopher Tolley
Christopher Tolley
answered on Jul 21, 2023

You should consult the terms of the contract with the dog training company. That should outline what your rights and responsibilities are. If you feel your termination was an unfair and deceptive act or practice, and you are entitled to a refund, prepare a demand letter under G.L. c. 93A. For... View More

1 Answer | Asked in Car Accidents, Consumer Law, Civil Litigation and Identity Theft for Massachusetts on
Q: Massachusetts Boston my wife has a permit and keeps registering and insuraning cars in my name without my consent

Has stolen my identity and opened credit card and I filed a identity theft claim

William J. Amann
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answered on May 27, 2023

It sounds like what she's doing is illegal but that's merely speculative based upon your brief statement. I recommend you contact the Division of Motor Vehicles.

1 Answer | Asked in Consumer Law, Business Law and Small Claims for Massachusetts on
Q: Backed out of shady truck deal 30 days later dealer still hasn’t cancelled loan first payment is over due

I recently started the process of financing a vehicle through a dealer 20 days went by and a new lie every day still no vehicle so I cancelled deal by phone . Its now over 30 day and just finding out loan is still active and first payment is overdue , the dealer is only one who can cancel deal and... View More

William J. Amann
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answered on May 5, 2023

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