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ARTICLE · 27 FEBRUARY 2025

No Business Transaction, No Chapter 93A Claim: Mass. Courts Clarify Requirements

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To pursue a Chapter 93A claim, there must be some business, commercial, or transactional relationship between the plaintiff(s) and the defendant(s).

United StatesConsumer Protection

To pursue a Chapter 93A claim, there must be some business, commercial, or transactional relationship between the plaintiff(s) and the defendant(s).An indirect commercial link—such as upstream purchasers—may be sufficient to state a valid claim, but there must ultimately be some commercial connection between the plaintiff and defendant.The District of Massachusetts and the Appeals Court of Massachusetts recently affirmed this requirement in two separate cases.

First, the District of Massachusetts affirmed this principle when it denied plaintiffs' motion for leave to conduct limited discovery, as the allegations in the complaint only highlighted the commercial relationship between the various defendants and not with the plaintiff. In Courtemanche v. Motorola Sols., Inc., plaintiffs brought a putative class action against a group of commercial defendants and the superintendent of Massachusetts State Police, alleging that the State Police unlawfully recorded

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