Opinion · Massachusetts Supreme Judicial Court
Entrialgo v. Twin City Dodge, Inc.
368 Mass. 812
- Type
- Opinion
- Court
- Massachusetts Supreme Judicial Court
- Jurisdiction
- Massachusetts
- Date
- 1975-08-20
- Topic
- general
How later courts describe this case
- holding that failure to complain of a specific violation is a bar to suit
- noting that for Chapter 93A cause of action, plaintiff's complaint must allege that the plaintiff sent a demand letter to the defendant
- providing that the demand letter is a “procedural requirement the absence of which is a bar to suit”
- “[t]he purpose of the demand letter is to facilitate the settlement and damage assessment aspects of c. 93A”
- “demand letter listing the specific deceptive practices claimed is a prerequisite to suit and as a special element must be alleged and proved”
- “A demand letter listing the specific deceptive practices claimed is a prerequisite to suit and as a special element must be alleged and proved”
- “A demand letter listing the specific deceptive practices is a prerequisite to suit . . . .”
- failure to complain of a specific violation of Chapter 93A is a bar to suit
Citator
UpLaw has not yet analyzed Entrialgo v. Twin City Dodge, Inc.. The absence of a flag is not a finding that it is good law.
- Cited by
- 104 opinions
The plaintiff purchased a used car from Twin City Dodge, Inc. (Twin City), on August 23, 1972, and signed a “Retail Instalment Contract — Security Agreement — Disclosure Statement.” The contract was assigned to the Worcester County National Bank. The contract did not disclose the annual percentage rate of the finance charge and was not signed by either defendant. Subsequently, the plaintiff sent a G. L. c. 93A, § 9 (3), demand letter to Twin City alleging generally that the car was defective; the deceptive trade practice claimed was that representations had been made which had deceptively influenced the plaintiff to purchase the car. The demand letter was not answered and suit under G. L. c. 93A, § 9, was commenced. The complaint alleged deceptive misrepresentation, a breach of warranties under G. L. c. 106, §§ 2-314, 2-316A, and further alleged violations of certain Truth-in-Lending
Decrees affirmed.