Surveillance Case Tests Chapter 93A Standing And Unfairness Standards

In Courtemanche v. Motorola Sols., Inc., at the defendant's request, the district court certified questions about the plaintiffs' Massachusetts General Laws Chapter 93A, Section 9 claims to the First Circuit Court of Appeals. As readers of this blog are aware, Section 9 allows consumers to bring claims for unfair practices.

In this case, the plaintiffs alleged that the defendant engaged in unfair practices by knowingly marketing and selling surveillance technology to the Massachusetts State Police (MSP) that contained a default setting to record conversations without notice, in violation of the Massachusetts Wiretap Act (which requires notice and consent). In other words, the plaintiffs assert that regulatory noncompliance coupled with knowledge of that noncompliance constitute an unfair business practice. We have reported on the district court's first attempt to deal with the underlying issues in a February 2025 blog post.