The first (1st) thing the consumer must do is gather all evidence of the deceit by providing receipts or proofs of payment by the consumer. If there were any damages caused, payment receipts that were used to rectify the situation must also be included. In addition, if there are any pictures or photos of the product or service that was provided and how it did not work as intended, this should be documented as well.

The Commonwealth of Massachusetts provides this sample, although this template (PDF, MS Word, ODT) can be used more appropriately when writing the demand letter. In accordance with the requirements of Massachusetts, the demand letter must consist of include:

• Full Name and Address of the Consumer;
• Full Description of the Unfair or Deceptive Practice;
• Clear Explanation of the Injury or Damages; and
• Demanded Relief, which commonly includes a dollar ($) amount.

Although not required, it should be stated that under Chapter 93A, Section 11, if the consumer is found for the judgment to be in their favor, the defendant can be found to pay treble (triple) damages and the cost of the consumer’s attorney fees.

When sending the demand letter, it’s not required under law but is highly recommended to send via Certified Mail with return receipt. This will identify that the demand letter was successfully received by the Defendant and record their signature and date. The 30-day period starts when the defendant has received the notice (on the date located on the return receipt).

If there is no response in the 30-day period, the consumer has four (4) options:

1. Small Claims Courts – If the amount being demanded is less than $7,000 the consumer can take their matter to Small Claims Court. This will require minimal fees and often the case is simple enough where the consumer can represent themselves.
2. Housing Courts – If the matter was related to a housing issue, such as the landlord not returning the tenant’s security deposit, then the tenant must go through their local Housing Court.
3. Mediation – Voluntary and requiring both parties’ consent. A mediator is typically someone who was a Judge or attorney practicing in the field of the issue with extensive knowledge of previous decisions. The Mediator will often be far less expensive for both parties and have a fair idea of a verdict before heading into any type of litigation.
4. District or Superior Court – Should only be explored if the judgment being sought is for a significant amount. This will require legal representation and advice from a licensed attorney.