Haddad v. Gonzalez, 576 N.E.2d 658 (1991)

Citation: Haddad v. Gonzalez, 576 N.E.2d 658 (1991)
Parent Document: Haddad v. Gonzalez, 576 N.E.2d 658 (1991)
Jurisdiction: Massachusetts (state)
Effective Date: 1991-08-12
Original Source: https://www.courtlistener.com/opinion/2013415/haddad-v-gonzalez/ ↗

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In the first place, the plain statutory language quoted above refers to actual damages as compared to nominal damages of twenty-five dollars. This juxtaposition suggests a contrast between compensatory (i.e., actual) and nominal (i.e., twenty-five dollars) damages. Consonant with this view, we have said that actual damages in this context consist of all damages foreseeably flowing from an unfair or deceptive act or practice. See DiMarzo v. American Mut. Ins. Co., 389 Mass. 85, 101 (1983). See also Brown v. LeClair, 20 Mass. App. Ct. 976, 979 (1985); Alperin & Chase, Consumer Rights and Remedies § 134 (1989). The decisions of other courts construing the same term in similar consumer protection statutes are in accord. See Rollins, Inc. v. Heller, 454 So. 2d 580, 585 (Fla. App. 1984) (actual damages as used in unfair and deceptive trade practices act include those recoverable at common law); Payne v. Holiday Towers, Inc., 283 S.C. 210, 216 (1984) (same); Bank of New Orleans & Trust Co. v. Phillips, 415 So. 2d 973, 976 (La. App. 1982) (actual damages as used in unfair and deceptive trade practices act include humiliation and mental anguish); Brown v. American Transfer & Storage Co., 601 S.W. 2d 931, 939 (Tex.), cert, denied, 449 U.S. 1015 (1980) (actual damages as used in deceptive trade practices act include damages [including mental suffering] recoverable at common law). Compare Venes v. Professional Serv. Bureau, 353 N.W. 2d 671, 674-675 (Minn. App. 1984) (actual damages as used in fair credit reporting act include mental anguish and suffering); *868Rasor v. Retail Credit Co., 87 Wash. 2d 516, 527-530 (1976) (same).

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