Azar v. Quinn, 1 Mass. L. Rptr. 519 (1994)

Citation: Azar v. Quinn, 1 Mass. L. Rptr. 519 (1994)
Parent Document: Azar v. Quinn, 1 Mass. L. Rptr. 519 (1994)
Jurisdiction: Massachusetts (state)
Effective Date: 1994-01-15
Original Source: https://www.courtlistener.com/opinion/8351304/azar-v-quinn/ ↗

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In order to recover under M.G.L.c. 93A, the plaintiffs, who were engaged in commerce, must demonstrate that they have lost money or property “as a result of the use or employment by another person who engages in any trade or commerce of an unfair method of competition or an unfair or deceptive act or practice.” M.G.L.c. 93A, §11. The type of activity constituting an unfair or deceptive act or practice is one that: “ ‘(1) [is] within at least the penumbra of some common-law, statutory, or other established concept of unfairness: (2) . . . is immoral, unethical, oppressive, or unscrupulous . . .’ ” Levings v. Forbes & Wallace, Inc., 8 Mass. App. Ct. 498, 504 (1979), quoting 29 Fed. Reg. 8325, 8355 (1964). Furthermore, under §11 the activity must attain “a level of rascality that would raise an eyebrow of someone inured to the rough and tumble of the world of commerce.” Levings v. Forbes & Wallace, Inc., 8 Mass.App.Ct. at 504.

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