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In the state of Massachusetts, consumers are protected by the Massachusetts Consumer Protection Act (MCPA). This law is supposed to protect against unfair and deceptive business practices. In some instances, this law is relevant to bankruptcy and provides protection to those who file for it. Specifically, the MCPA protects bankruptcy filers from unfair or deceptive practices as they fulfill obligations to discharge their debts.
If you’ve been mistreated by another party during the process of your bankruptcy, help is available from Miller Law Group, P.C.. Our team is ready to examine your case, protect your rights, and hold the other party to the contract that it has today. Call us today for a free consultation of your case.
Our Massachusetts Consumer Protection Act bankruptcy lawyers are ready to talk to you at no cost when you dial (508) 502-7002.
What Is the Massachusetts Consumer Protection Act?
Simply put, the Massachusetts Consumer Protection Act protects buyers from unfair or deceptive acts. The law is purposefully vague about what it bans because it is designed to applied to many situations. Generally, it bans people in the position of a seller from being unfair or deceptive towards buyers.
Common things the MCPA protects buyers from include:
- Breach of contract
- False advertising
- Price misrepresentation
- Breach of warranty
- False Advertising
- And more
If a consumer believes that they’ve suffered damages because of a violation of the Massachusetts Consumer Protection Act, they can file a claim against the offending party. If a person can prove that the defendant willfully violated the MCPA, they can obtain compensatory damages from them.
How Does the Massachusetts Consumer Protection Act Apple to Bankruptcy?
The Massachusetts Consumer Protection Act applies to bankruptcy because creditors (sellers) are responsible to honest practices towards debtors (buyers). When a person files Chapter 11 bankruptcy, they restructure their debt and follow a payment plan to have it discharged in a manageable way. If a creditor fails to respect the debtor’s Chapter 13 bankruptcy payment plan, they might be in violation of the MCPA.
For example, the MCPA bans creditors from making it difficult for a person to deliver a payment. Doing so would be considered a dishonest act toward a consumer. So, if a person falls behind on payments because of unfair practices by a creditor, they can file a Massachusetts Consumer Act claim.
Call Our Massachusetts Bankruptcy Law Firm for Help Today at (508) 502-7002
No one should have the financial recovery offered by bankruptcy delayed because of the unfair or deceptive practices of another party. If you think that you’ve suffered damages because of a violation of the Massachusetts Consumer Protection Act, Miller Law Group, P.C. is ready to help. Our team is ready to investigate your claim and help you defend your rights.
We’re standing by to help you defend your financial future! Call (508) 502-7002 for a free initial consultation with one of our Massachusetts bankruptcy lawyers.
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