Can I Sue my University for Violating Chapter 93A?
Q: I’m a college student, and I believe my university has engaged in unfair and deceptive conduct in its relationship with me and other students. Can I bring a lawsuit for violation of Chapter 93A?
A: Generally, the answer is no. For the Massachusetts consumer protection law (referred to as Chapter 93A) to apply, the entity being sued must have engaged in unfair or deceptive acts or practices “in the conduct of any trade or commerce.” A charitable institution, such as a non-profit university, will typically be insulated from Chapter 93A liability if it can show that it was acting in furtherance of its core mission.
For example, a Massachusetts court recently declined to permit a plaintiff to proceed with a Chapter 93A claim against Stonehill College based on Stonehill’s refusal to refund tuition payments and fees following the closure of its campus during the COVID-19 pandemic. The court explained that “Stonehill’s decision to reimburse certain charges but not others was part of Stonehill’s larger process of deciding how best to continue educating its students” during a pandemic.
In certain limited situations, however, a charitable institution may be deemed to have engaged in trade or commerce. Such circumstances may arise where the institution has inserted itself into the commercial marketplace.
O’Connor, Carnathan and Mack LLC is a commercial litigation law firm located in Burlington, Massachusetts that helps companies and individuals resolve complex business disputes, insurance coverage disputes, and personal injury claims. Our legal team includes top-flight commercial litigation attorneys as well as dedicated personal injury lawyers. Our clients include Fortune 500 companies as well as closely-held businesses and astute individuals. We believe every client deserves the finest representation possible for a fee they can afford. Accordingly, we offer our services at rational hourly rates and on a contingency fee basis, devise our strategies to fit the amount at stake, and are open to creative alternative fee arrangements as well. Our attorneys serve clients in Middlesex County and Suffolk County, as well as throughout Massachusetts and New England. Contact us to learn more.
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Can I Sue my University for Violating Chapter 93A?
Q: I’m a college student, and I believe my university has engaged in unfair and deceptive conduct in its relationship with me and other students. Can I bring a lawsuit for violation of Chapter 93A?
A: Generally, the answer is no. For the Massachusetts consumer protection law (referred to as Chapter 93A) to apply, the entity being sued must have engaged in unfair or deceptive acts or practices “in the conduct of any trade or commerce.” A charitable institution, such as a non-profit university, will typically be insulated from Chapter 93A liability if it can show that it was acting in furtherance of its core mission.
For example, a Massachusetts court recently declined to permit a plaintiff to proceed with a Chapter 93A claim against Stonehill College based on Stonehill’s refusal to refund tuition payments and fees following the closure of its campus during the COVID-19 pandemic. The court explained that “Stonehill’s decision to reimburse certain charges but not others was part of Stonehill’s larger process of deciding how best to continue educating its students” during a pandemic.
In certain limited situations, however, a charitable institution may be deemed to have engaged in trade or commerce. Such circumstances may arise where the institution has inserted itself into the commercial marketplace.
O’Connor, Carnathan and Mack LLC is a commercial litigation law firm located in Burlington, Massachusetts that helps companies and individuals resolve complex business disputes, insurance coverage disputes, and personal injury claims. Our legal team includes top-flight commercial litigation attorneys as well as dedicated personal injury lawyers. Our clients include Fortune 500 companies as well as closely-held businesses and astute individuals. We believe every client deserves the finest representation possible for a fee they can afford. Accordingly, we offer our services at rational hourly rates and on a contingency fee basis, devise our strategies to fit the amount at stake, and are open to creative alternative fee arrangements as well. Our attorneys serve clients in Middlesex County and Suffolk County, as well as throughout Massachusetts and New England. Contact us to learn more.