Q: I am a consumer looking to bring a claim for unfair and deceptive practices against a company, but I signed a release saying I wouldn’t bring such a claim. Am I out of luck?
A: You are not out of luck. If you are an individual consumer who has been wronged by a company that has behaved unfairly and deceptively, you may bring a claim under the Massachusetts consumer protection statute, G.L. c. 93A, even if you signed an agreement stating that you waived your right to bring such a claim. That is because Massachusetts courts will ordinarily not effectuate a waiver of a statutory right where doing so would frustrate the public policy of the statute, and the primary goal of Chapter 93A is the protection of consumers. A court may, however, enforce such a waiver in an agreement between two business entities.