Yes and no. In regulations promulgated by Massachusetts government agencies, specific acts are defined as "unfair and deceptive." For example, in 940 Code of Massachusetts Regulations 3.00, the Attorney General lists a huge collection of specific examples, including: "To advertise or promise prompt delivery where delivery is neither prompt nor expeditious." (940 CMR 315(3).

However, the legislature probably wanted the Consumer Protection Act (93A) to be flexible, so that even if an act is not specifically mentioned in any law or regulation, it may still be actionable. In dealing with areas not specifically covered by regulations, Massachusetts courts have considered whether the act violates some well-established concept of fairness or ethic standards. The courts frequently ask whether the act in question violates a generally accepted notion of fair dealing. In other words, if a merchant does something most people would consider unfair or deceptive, they may be held accountable under Chapter 93A. Also, there is no intent element to 93A, so a merchant can violate the act even if he did not intend to act unfairly or in a deceptive manner.  For more information or to post a question, visit our MA Consumer Law Discussion Forum.