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Massachusetts Consumer Law Questions & Answers
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 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 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 Consumer Law and Foreclosure for Massachusetts on
Q: We stopped paying our mortgage when the servicing company messed up. That was 2011, has staute of limitations run out on

It doesn't show on credit report and they want to auction house now after 12 years. Don't care about the house but don't want to have to file bankruptcy 12 years after the fact. We haven't lived there for 12 years.

Christopher Tolley
Christopher Tolley
answered on Apr 17, 2023

The statute of limitations for a suit on a promissory note in Massachusetts is six years from the date of breach and the limitations period can be extended by part payment. If you stopped paying more than six years ago and did not subsequently make partial payments, and there was nothing that would... View More

1 Answer | Asked in Consumer Law and Lemon Law for Massachusetts on
Q: i financed a car

i financed a car on 1/20/23 had it in my possesion for 6 hrs and engine cut out oil spilling everywhere had it towed back to dealership same night was given a rental for 3 weeks dealership called me and said they had another car to offer and said 2500 would go to new car for trade in they made of... View More

Christopher Tolley
Christopher Tolley
answered on Feb 22, 2023

This should be covered by the Massachusetts Used Car Lemon Law. This explains it in more detail than I can in a Q&A forum like this one: https://www.mass.gov/guides/guide-to-used-vehicle-warranty-law You should call the hotline phone number listed n the website and explain the situation to... View More

1 Answer | Asked in Small Claims, Consumer Law and Collections for Massachusetts on
Q: are cases filed in Small Claims Court by Debt Collectors subjected to Massachusetts Rule of Civil Procedure 8.1 require

a detailed affidavit providing 1.

specific information about the debt, like the name of the original creditor, the name of the current debt owner, the date of the last payment, and the chain of ownership from the creditor to the current owner of the debt....

file an affidavit... View More

Christopher Tolley
Christopher Tolley
answered on Jan 26, 2023

I know of nothing in the rule addressing this specifically, but the references to complaint, clerk, district court, etc. lead me to believe Rule 8.1 does not apply to small claims. Also, small claims rule 2(b) contains its own verification of debt requirements for assigned debt.

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, 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 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

Put your protest in writing.

1 Answer | Asked in Consumer Law for Massachusetts on
Q: Car dealer paid off loan for new one I backed out of deal how do I cancel and get my title back

I recently started the process of buying a truck I financed through dealer they agreed to pay off my loan promised truck I 4 days 15 days later still no truck so I backed out of deal I need to pay off my loan and get title

Christopher Tolley
Christopher Tolley
answered on Apr 24, 2023

Can you pay the dealer the payoff amount it paid your lender? That's the only thing I can think of.

2 Answers | Asked in Consumer Law and Collections for Massachusetts on
Q: I filed motion to dismiss in MA but no ruling thus far. 30 days passed. No answer from the plaintiff or court. Options?

how do I ask the court to grant the motion? there is a binding arbitration clause in the contract and I filed a motion to compel arbitration and dismiss the case.

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 23, 2023

You have to set your motion for hearing. Your judge may have a website with procedures, or you can call the clerk's office for help.

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1 Answer | Asked in Consumer Law and Construction Law for Massachusetts on
Q: 780 CMR Sec 105.1 recently amended w/ stipulation all unpermitted work must be removed? Can you provide actual wording?

Also involved is 780 CMR Sect 114.1 Unlawful Acts, R114 Violations, can you provide actual wording, I cant find on Mass.Gov. I have spent hours looking. I appreciate any help.

Christopher Tolley
Christopher Tolley
answered on Jan 17, 2023

It's in Chapter 1 of the code. Here is a link to Chapter 1: https://www.mass.gov/doc/780-cmr-ninth-edition-base-code-chapter-1-scope-and-administration-amendments/download

780 CMR 105.1 is on .pdf page 8. 780 CMR 114 is on .pdf page 21.

1 Answer | Asked in Bankruptcy and Consumer Law for Massachusetts on
Q: I am in need of a free bankruptcy lawyer for credit cards

I have been unemployed for over a year, and awaiting disability to be approved, and I need to file bankruptcy for credit cards I cannot pay. Are there any free lawyers I could qualify for?

Christopher Tolley
Christopher Tolley
answered on Oct 26, 2022

Try Greater Boston Legal Services. https://www.gbls.org/get-legal-help

1 Answer | Asked in Consumer Law, Products Liability and Small Claims for Massachusetts on
Q: Wheel adapter set bought through Amazon from this company and my rear wheel fell off while going 65. Want reimbursement

I’m not the only one this is happened to according to the reviews I imagine it was just poor quality material as I have pictures of everything. The bolt heads were sheared off. Minimal damage done to truck and nobody hurt, but money had to be paid for a rental and other expenditures.

Christopher Tolley
Christopher Tolley
answered on Oct 13, 2022

Forward a demand to Amazon and the company for a refund and all your expenses. Depending on how much is at issue and how much they offer, consider accepting a settlement to avoid the hassle of small claims and having to chase them to collect. Otherwise, if they refuse to pay or do not make an... View More

1 Answer | Asked in Consumer Law and Business Law for Massachusetts on
Q: A car dealership called someone I know and (falsely) disclosed that a check I wrote bounced. Is this legal?

Is this a violation of privacy laws? Disclosing financial information to a third party?

William J. Amann
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answered on Jun 9, 2022

No, that's not legal, it's slander.

1 Answer | Asked in Consumer Law, Criminal Law, Traffic Tickets and Car Accidents for Massachusetts on
Q: Canceled license plates are being used by someone else in another state.

I was in a car accident last year my insurance company considered my car totaled and I canceled the plates in April of last year before they took it. They had messed up when the tow company was coming so my plates were still in my car and I told the insurance guy I just needed an hour before... View More

Christopher Tolley
Christopher Tolley
answered on May 25, 2022

Unfortunately I suggest you obtain the services of a New York attorney experienced in this type of law because you are going to have to convince a judge that you are not responsible for the tickets based on your circumstances described above. You can also keep attempting to dispute the tickets... View More

1 Answer | Asked in Consumer Law, Insurance Bad Faith and Insurance Defense for Massachusetts on
Q: Why don't life insurance prices vary by state?

Do different states not have different regulations or business costs? Is it because life insurance companies cannot discriminate on geography?

Tim Akpinar
Tim Akpinar
answered on Apr 8, 2022

This is something an insurance professional would know better than an attorney. The industry relies more on individual factors such as age, gender, health factors (history of disease, smoking, alcohol, etc.), and activities/line of work, etc. An insurance professional could offer a more... View More

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