93A Demand letter sent by mail sufficient notice...

Massachusetts Law Updates 2014-11-23

The Appellate Division of District Court, reviewing a case in Salem District Court has ruled that the law does not require certified mail for a demand letter in a consumer protection claim.  (Leck v. Pope’s Landing Marine, Inc., et al.) Citing chapter 93A section 9, the court pointed out that "The statute does not demand proof of service through certified mail; nor is certified mail required by the terms of the statute to prove delivery. Where the Legislature has demanded certified mail, it has declared the requirement. …" In this instance, there was evidence the defendants received the letter.The defendant's lawyer referred to the claim for attorney fees,  and a reasonable inference is that they had received the letter asking for such. For more on consumer protection see our page here.