Federal District Court Cites Wrong Standard When Assessing Chapter 93A, Section 9 Unfairness Standard

In Sommer v. CleanChoice Energy, Inc., 2025 U.S. Dist. LEXIS 175878 (D. Mass. Sept. 9, 2025), the district court, when ruling on a motion to dismiss, analyzed the meaning of unfairness under Chapter 93A, Section 9.The plaintiff, a consumer, alleged that the defendant violated Massachusetts General Laws Chapter 93A by charging non-transparent, allegedly inflated variable rates for electricity (Variable Pricing Claim) andmisrepresenting that its electricity came from 100% renewable sources (Clean Energy Claim).

The defendant sought dismissal under Rule 12(b)6) and argued that (1) its pricing practices were fully consistent with the express contract terms and, therefore, could not be deceptive, and (2) its marketing was not "deceptive" because its disclosures—particularly in the terms and conditions—clearly explained that customers would not receive electricity from specific renewable facilities but that their usage would be matched by renewable energy generation