Justia Consumer Law Opinion Summaries

Plaintiff brought this action against Nationstar Mortgage, LLC and Fremont Investment and Loan (collectively, Defendants) alleging that Defendants violated his rights under Mass. Gen. Laws ch. 93A. The Appeals Court reversed, concluding that there was a genuine issue of material fact as to Plaintiff’s chapter 93A claim. Nationstar appealed, arguing that Plaintiff’s claim was barred because he failed to serve a demand letter. The Supreme Judicial Court agreed with the Appeals Court, holding that, if a defendant keeps assets in the Commonwealth but does not maintain a place of business in the Commonwealth, the plaintiff need not serve a demand letter. View "Moronta v. Nationstar Mortgage, LLC" on Justia Law

Limoliner Inc., which owned and operated a fleet of luxury motor coaches, hired Dattco, Inc. to perform repair work on one of those vehicles. While Dattco recorded most of those requests in writing, Dattco neglected to write down Limoliner’s verbal request to repair one of the vehicle’s important electrical components. When Dattco failed to make any repairs to that component, Limoliner commenced this action, alleging, inter alia, that Dattco violated Mass. Gen. Laws ch. 93A, 2(a), as interpreted by 940 Code Mass. Regs. 5.05(2), by failing to record Limoliner’s request in writing. Dattco removed the case to federal court on the basis of diversity jurisdiction. Following a jury-waived trial, a magistrate judge found for Dattco on Limoliner’s regulatory claim under 940 Code Mass. Regs. 5.05, concluding that the provision at issue applies only to consumer transactions and not to transactions where the customer is another business. Limoliner appealed, and the United States Court of Appeals for the First Circuit certified a question regarding the issue to the Supreme Court. The Supreme Court answered that 940 Code Mass. Regs. 5.05 does apply to transactions in which the customer is a business entity. View "Limoliner, Inc. v. Dattco, Inc." on Justia Law