Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)

Citation
Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
Parent Document
Carnelli v. Bell at Salem Station, 123 N.E.3d 803 (2019)
Jurisdiction
Massachusetts (state)
Effective Date
2019-02-25

Full Text

1,199 chars
Discussion. 1. Chapter 93A. The plaintiffs argue that the judge erred in dismissing their c. 93A claims because their complaint sufficiently alleged that Bell engaged in "unfair and deceptive practices."6 Chapter 93A, § 2 (a ), prohibits "[u]nfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce." Pursuant to c. 93A, § 9 (1), "[a]ny person ... who has been injured by another person's" unfair or deceptive practices "may bring an action in the superior court ... for damages and such equitable relief, including an injunction, as the court deems to be necessary and proper." To prevail on a c. 93A claim, the plaintiff must demonstrate a "causal connection between [the] deceptive act and [the] injury or loss." Hyannis Anglers Club, Inc. v. Harris Warren Commercial Kitchens, LLC, 91 Mass. App. Ct. 555, 560 (2017). A complaint must allege facts, rather than rely on conclusory recitations of the elements of a claim. See Polay v. McMahon, 468 Mass. 379, 388 (2014). Notably, "a mere breach of contract, without more, does not amount to a violation of G. L. c. 93A". Beverly v. Bass River Golf Mgt., Inc., 92 Mass. App. Ct. 595, 606 (2018).