{
  "batch": "640-massachusetts-revenge-porn-and-deepfake-laws",
  "articles": [
    {
      "id": "learn_r640_massachusetts_revenge_porn_and_deepfake_laws_ma_93a_s9_civil_remedy",
      "category": "Safety",
      "title": "[Unverified - being checked] Massachusetts General Laws Chapter 93A Section 9: civil remedy for victims",
      "summary": "[Unverified - being checked] Massachusetts General Laws Chapter 93A Section 9 provides a civil cause of action for persons injured by another's use or employment of any method, act or practice declared unlawful by section two, allowing recovery of actual damages or $25 whichever is greater, or up to three times such amount if the violation was willful or knowing, plus reasonable attorney's fees and costs; the demand requirements may be satisfied by a written offer of settlement, and the court may award injunctive relief.",
      "body": "Massachusetts General Laws Chapter 93A Section 9 provides a civil cause of action for persons injured by another's use or employment of any method, act or practice declared unlawful by section two, allowing recovery of actual damages or $25 whichever is greater, or up to three times such amount if the violation was willful or knowing, plus reasonable attorney's fees and costs; the demand requirements may be satisfied by a written offer of settlement, and the court may award injunctive relief.\n\nWhat Massachusetts General Court (State Legislature) actually says:\n\n“(3) At least thirty days prior to the filing of any such action, a written demand for relief, identifying the claimant and reasonably describing the unfair or deceptive act or practice relied upon and the injury suffered, shall be mailed or delivered to any prospective respondent. Any person receiving such a demand for relief who, within thirty days of the mailing or delivery of the demand for relief, makes a written tender of settlement which is rejected by the claimant may, in any subsequent action, file the written tender and an affidavit concerning its rejection and thereby limit any recovery to the relief tendered if the court finds that the relief tendered was reasonable in relation to the injury actually suffered by the petitioner. In all other cases, if the court finds for the petitioner, recovery shall be in the amount of actual damages or twenty-five dollars, whichever is greater; or up to three but not less than two times such amount if the court finds that the use or employment of the act or practice was a willful or knowing violation of said section two or that the refusal to grant relief upon demand was made in bad faith with knowledge or reason to know that the act or practice complained of violated said section two. For the purposes of this chapter, the amount of actual damages to be multiplied by the court shall be the amount of the judgment on all claims arising out of the same and underlying transaction or occurrence, regardless of the existence or nonexistence of insurance coverage available in payment of the claim. In addition, the court shall award such other equitable relief, including an injunction, as it deems to be necessary and proper. The demand requirements of this paragraph shall not apply if the claim is asserted by way of counterclaim or cross-claim, or if the prospective respondent does not maintain a place of business or does not keep assets within the commonwealth, but such respondent may otherwise employ the provisions of this section by making a written offer of relief and paying the rejected tender into court as soon as practicable after receiving notice of an action commenced under this section. Notwithstanding any other provision to the contrary, if the court finds any method, act or practice unlawful with regard to any security or any contract of sale of a commodity for future delivery as defined in section two, and if the court finds for the petitioner, recovery shall be in the amount of actual damages.”\n\nNote: Section 9 provides the civil remedy for victims of unlawful practices under Chapter 93A. It specifies actual damages or $25 (whichever is greater), or up to 3x if willful/knowing, plus attorney's fees and costs. The demand letter requirement can be satisfied with a written settlement offer. Injunctive relief is available.",
      "source_type": "official",
      "source_link": "https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter93A/Section9",
      "last_verified": "2026-10-16",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "Massachusetts General Court (State Legislature)",
      "evidence_quote": "(3) At least thirty days prior to the filing of any such action, a written demand for relief, identifying the claimant and reasonably describing the unfair or deceptive act or practice relied upon and the injury suffered, shall be mailed or delivered to any prospective respondent. Any person receiving such a demand for relief who, within thirty days of the mailing or delivery of the demand for relief, makes a written tender of settlement which is rejected by the claimant may, in any subsequent action, file the written tender and an affidavit concerning its rejection and thereby limit any recovery to the relief tendered if the court finds that the relief tendered was reasonable in relation to the injury actually suffered by the petitioner. In all other cases, if the court finds for the petitioner, recovery shall be in the amount of actual damages or twenty-five dollars, whichever is greater; or up to three but not less than two times such amount if the court finds that the use or employment of the act or practice was a willful or knowing violation of said section two or that the refusal to grant relief upon demand was made in bad faith with knowledge or reason to know that the act or practice complained of violated said section two. For the purposes of this chapter, the amount of actual damages to be multiplied by the court shall be the amount of the judgment on all claims arising out of the same and underlying transaction or occurrence, regardless of the existence or nonexistence of insurance coverage available in payment of the claim. In addition, the court shall award such other equitable relief, including an injunction, as it deems to be necessary and proper. The demand requirements of this paragraph shall not apply if the claim is asserted by way of counterclaim or cross-claim, or if the prospective respondent does not maintain a place of business or does not keep assets within the commonwealth, but such respondent may otherwise employ the provisions of this section by making a written offer of relief and paying the rejected tender into court as soon as practicable after receiving notice of an action commenced under this section. Notwithstanding any other provision to the contrary, if the court finds any method, act or practice unlawful with regard to any security or any contract of sale of a commodity for future delivery as defined in section two, and if the court finds for the petitioner, recovery shall be in the amount of actual damages.",
      "volatility": "",
      "from_batch": "640-massachusetts-revenge-porn-and-deepfake-laws",
      "subject": "Massachusetts General Laws Chapter 93A Section 9",
      "topic": "civil remedy for victims",
      "tags": {
        "lane": "any",
        "stage": "running",
        "region": [
          "us-ma"
        ],
        "platform": "any",
        "topic": [
          "money.payout",
          "rules.enforcement"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    }
  ]
}