Attorney General Enforcement and Defense

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  • Massachusetts Supreme Judicial Court invalidates agency guidelines for non-compliance with Administrative Procedures Act.
  • Strict adherence to state administrative procedures is crucial for enforceable regulations.
  • Negotiated rulemaking (“Reg-Neg”) offers potential benefits beyond minimum compliance requirements.
  • Agencies should consider balancing speed, compliance, and stakeholder engagement in the regulatory rulemaking process.

On Jan. 8, 2025, in Attorney General …

No. Although a consumer-plaintiff may seek to double or treble actual damages for willful or knowing Chapter 93A violations, a court should not multiply Section 9’s $25 nominal damages award if actual damages do not exceed that amount. As explained by the Supreme Judicial Court (SJC) in Leardi v. Brown, that is because (1)…

No. Chapter 93A, Section 9(3) expressly provides for only two forms of recovery: (1) actual damages or (2) $25 in statutory damages, whichever is greater. According to the Massachusetts Supreme Judicial Court (SJC) in Leardi v. Brown, a $25 statutory damages award (also colloquially known as “nominal” damages) is intended to provide a…