Do you need to send another Chapter 93A demand letter?
In consumer actions for unfair trade practices, the Massachusetts statute requires a presuit demand letter before asserting the claim. But what if you have sent a presuit demand letter, further shenanigans ensue and you want to amend your complaint to add more claims? In a decision last year from the Massachusetts Superior Court, Business Litigation Session (Salinger, J.), the court held that the plaintiff did not need to send a second letter. Deutsche v. Privilege Underwriters Reciprocal Exchange. That’s a good, rational outcome.
But I would typically err on the side of caution and send the second letter. In my experience, courts can be quite unpredictable in whether they will insist on a specific letter addressing the specific conduct at issue. Some courts can be quite lenient. Others can be startlingly picayune. It is not a lot of work to send a second (or third . . .) demand letter and the fewer outs you give the defendant, the better.
Sean Carnathan
Do you need to send another Chapter 93A demand letter?
In consumer actions for unfair trade practices, the Massachusetts statute requires a presuit demand letter before asserting the claim. But what if you have sent a presuit demand letter, further shenanigans ensue and you want to amend your complaint to add more claims? In a decision last year from the Massachusetts Superior Court, Business Litigation Session (Salinger, J.), the court held that the plaintiff did not need to send a second letter. Deutsche v. Privilege Underwriters Reciprocal Exchange. That’s a good, rational outcome.
But I would typically err on the side of caution and send the second letter. In my experience, courts can be quite unpredictable in whether they will insist on a specific letter addressing the specific conduct at issue. Some courts can be quite lenient. Others can be startlingly picayune. It is not a lot of work to send a second (or third . . .) demand letter and the fewer outs you give the defendant, the better.