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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
Disclaimer
The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.

Editor's Response
The answer to your question depends heavily on the specific circumstances and how a particular court or judge decides to deal with them. If the merchant responds with what a court later determines was a "reasonable offer" and you reject it, then the court may limit your damages to the merchant's initial offer. Even if the court decides the settlement offer was not reasonable, it may decide to limit your recovery to your actual damages.
Consumers are most likely to get triple damages when the merchant does not respond, or when the merchant responds but the court finds that the merchant either (1) engaged in business practices that violated the consumer protection law in a "Willful or knowing" manner or (2) refused to make a good faith offer of settlement in response to a demand letter. For more information or to post a question, visit our MA Consumer Law Discussion Forum. Good luck.