Last year I was hired an instructor to help a woman learn spanish after she waw my ad on a bulleting board on campus. She was a graduate student at the school. Anyway she paid me for five lessons and then I started with her. Then I gave her a couple of more lessons before she paid for them because she said she was just waiting for her check to come. Apparently her personal life got a bit crazy and I couldn't nail her down for when she would pay me. After weeks of unbelievable frustration with several appointment broken by her she is now refusing to take my calls or respond to my emails. My question is whether I can sue using the Massachusetts Consumer Protection law (93A)? Should I send her a demand letter? I certainly believe that her behavior has been unfair and deceptive in the extreme and I would like my money back along with a bit of punsishment for her. Thank you.
Submitted by Nan on Thu, 07/28/2011 - 09:28
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Suing an individual under MA 93A
The process set up under the Massachusetts Consumer Protection Act, commonly known as Chapter 93A, is reserved for disputes between a consumer and a business (or between on small business and another business). Consumers may certainly sue individuals who are sole proprietors of a business ("dong business as"), but you are clearly dealing with an individual. You can certainly send her a demand letter but, instead of proceeding under Chapter 93A, the better course of action is probably to take her to small claims court. Even if Chapter 93A were applicable, I'm not sure that the behavior you describe is unfair or deceptive, as those terms are used under the Consumer Protection Act. It sounds more like a simple breach of contract claim, which is perfect for small claims court. Good luck.