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.

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.