No, I don't believe you can ever say that a court will 'always' considered certain behavior to be taken in bad faith.  Sorry, but it's not that easy.  Reasonable people can disagree (in good faith) about what was said or done in any situation.  I think the point of the Massachusetts Consumer Protection Act is to force merchants, businesses or professionals to respond to consumer complaints.  They can disagree with your interpretation of the events, as long as they make a good faith response to your demand letter.  Only the court, after reviewing the specific facts of your situation, can determine if, in fact, the response was made in 'good faith.'  If not, then you, the consumer, may be entitled to triple damages and and/or attorneys fees.  Having said that, if you can demonstrate that the professional is ignoring the facts and trying to lie his/her way out of a jam, then the court may not allow him to avoid damages and fees simply because he responded to your demand letter.  Follow this link for a thread dealing with the issue of when a court is likely to award triple damages.