Not to flog the deceased equine too much or anything but there’s an interesting little point in here. Slate has a pre-apology piece about the law and consumers and redress, and it reminds me of a larger issue.
Summary: Edelman was wrong about the law, too: “treble damages” isn’t mandatory but at the discretion of the judge, and anyway there’s a $25 minimum.
MGL 93a(9)(3) requires that before bringing suit the plaintiff send a demand letter to the business asking for rectification of the unfair or deceptive act or practice. That gives the business a chance to settle things for something like actual damages. The whole purpose of the demand provision is to encourage settlement and to act as a control on damages. (Refusal to parlay is one of the hooks that can result in treble damages.)
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