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Can you summarize MGL Chapter 93A, Section 4?
REGULATION OF BUSINESS PRACTICES FOR CONSUMERS PROTECTION > Actions by attorney general; notice; venue; injunctions
Short Summary
This section of the Massachusetts General Law governs the actions that the attorney general can take against individuals or entities using or intending to use methods, acts, or practices declared unlawful. The attorney general can bring an action in the name of the commonwealth to restrain such use through temporary restraining orders, preliminary or permanent injunctions. The action can be brought in the superior court of the county where the person resides or has their principal place of business, or in Suffolk county with consent or if the person has no place of business within the commonwealth. The court can issue temporary restraining orders, preliminary or permanent injunctions, and make other necessary orders or judgments to restore any person who has suffered a loss due to the unlawful methods. If a person is found to have knowingly violated the law, the court may require them to pay a civil penalty of up to $5,000 per violation, as well as the costs of investigation and litigation. In cases involving securities or contracts of sale, the court can issue orders or judgments to restore any person who has suffered a loss, and may impose a civil penalty of up to $5,000 per violation. The attorney general must provide at least five days’ notice to the person before commencing an action, except in cases where a temporary restraining order is sought. Violation of an injunction or order can result in a civil penalty of up to $10,000 per violation. The court retains jurisdiction for such cases, and the attorney general can petition for the recovery of civil penalties.
Whom does it apply to?
Any person who is using or is about to use any method, act, or practice declared unlawful by section two
What does it govern?
Actions by attorney general; notice; venue; injunctions
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
Civil penalty of not more than $5,000 for each violation, payment of reasonable costs of investigation and litigation, and restoration of any moneys or property acquired through unlawful methods
Jurisdiction
Massachusetts