Chapter 93A Year in Review: 2025 Massachusetts Enforcement and Litigation Trends
Decisions issued in 2025 marked a notable inflection point in Chapter 93A litigation. Courts embraced a framework grounded in regulatory text, contractual structure and administrable rules. For companies operating in or from Massachusetts, Chapter 93A litigation has moved beyond an overall assessment of fairness and intent, with enhanced focus on compliance architecture, the nature of the alleged acts, geographic nexus, and proof of harm. The result is a consumer protection regime that is at once more predictable and more unforgiving.
Geography and Injury Still Matter: Reinforcing Chapter 93A’s Outer Limits
Two decisions in 2025 reinforced that Chapter 93A remains constrained by geography and injury, despite continued efforts by plaintiffs to extend its reach.
In Mulani v. Peter Pan Bus Lines, Inc., the District of Massachusetts dismissed a putative nationwide class action challenging allegedly deceptive “junk fees” added to bus tickets. Plaintiffs sought to anchor nationwide claims in Massachusetts based on the defendant’s headquarters. The court rejected that approach. Applying the “primarily and substantially” test, the court held that Chapter 93A does not apply to transactions and injuries occurring outside the Commonwealth, even where corporate decision-making is alleged to have occurred in Massachusetts.
The decision has implications beyond the transportation sector. For e-commerce companies facing nationwide class actions, Mulani confirms that Chapter 93A is not a vehicle for importing nationwide consumer claims into Massachusetts courts. As other 2025 decisions confirmed (see Pro Sports Servs. FI OY v. Grossman; Crunchtime! Info. Sys., Inc. v. Frisch’s Rests., Inc.; Sentinel Ins. Co., Ltd. v. Broan-Nutone; Mark Breiner DDS, LLC v. BTL Indus.), the “primary and substantial” requirement of Chapter 93A remains a potent tool for narrowing or eliminating class action claims at the pleading stage.
A related defense theme emerged in Parsons v. Commerce Insurance Co., where the Business Litigation Session of the Superior Court denied class certification in a Chapter 93A challenge to vehicle valuation practices. Even assuming the use of a common methodology, the court concluded that injury could not be established on a classwide basis. Determining whether any policyholder received less than fair value required a vehicle-specific inquiry, defeating predominance.
The decision reinforces what has become the most potent defense against Chapter 93A class actions: individualized proof of injury. A common practice, standing alone, is not enough. Without a common, measurable injury capable of classwide proof, certification should fail.
Key Takeaway: Chapter 93A claims continue to face meaningful obstacles at both the pleading and certification stages where plaintiffs cannot establish a Massachusetts-centered transaction or a classwide method of proving injury. Defense strategies that foreground standing, territorial limits, and individualized harm remain effective.
Mission vs. Market: Defining Chapter 93A Liability for Nonprofit Entities
Three decisions in 2025 clarified when Chapter 93A applies to nonprofit entities. The emerging framework is functional rather than formal. Nonprofit status is relevant but not dispositive. Courts focus on whether the challenged conduct occurred in a business context and bore the hallmarks of trade or commerce.
In High Expectations LLC v. KPCA Northwestern Presbyterian Theological Seminary, the District of Massachusetts dismissed Chapter 93A claims arising from a vendor dispute with a theological seminary. Although the seminary negotiated and paid for services, the court emphasized that this was undertaken in furtherance of its core religious and educational mission. Those activities were incidental to, not independent of, the nonprofit purpose. The court declined to transform an ordinary contract dispute into consumer protection litigation absent allegations that the seminary was operating as a market participant. High Expectations aligns with the District of Massachusetts’ approach in Wines v. President and Fellows of Harvard College, which also dismissed a Chapter 93A claim based on the nature of the conduct alleged, despite the presence of a financial relationship.
By contrast, the Massachusetts Appeals Court in Beaudoin v. Massachusetts School of Law at Andover allowed certain claims to proceed where the plaintiff plausibly alleged that the law school engaged in consumer-facing marketing and enrollment practices resembling those of a commercial enterprise. Representations about outcomes, value, and professional opportunities, when made in a revenue-driven context, could fall within the statute’s scope.
Key Takeaway: Read together, these decisions draw a defined line. Mission-driven conduct tied to governance or educational judgment generally remains outside Chapter 93A, even if a financial transaction. Conduct that mirrors advertising, sales, or market competition may not. For nonprofit defendants, early motion practice should focus on framing the challenged conduct as mission-centric rather than market-oriented. Plaintiffs must plead more than payment of money; they must allege participation in trade or commerce akin to that of a for-profit business.
Beyond Breach of Contract: When Business Disputes Trigger Section 11 and Multiple Damages
Massachusetts state and federal courts also addressed the circumstances under which business plaintiffs may pursue multiple damages under Section 11 of Chapter 93A, notwithstanding contractual risk allocation.
In Janz Corp. v. Philips North America LLC, a business-to-business dispute governed by contractual liability limitations, Janz alleged that Philips engaged in retaliatory and bad-faith conduct beyond a mere breach. The District of Massachusetts held that the timing of Philip’s actions, combined with Janz’s repeated compliance concerns, could allow a jury to find retaliatory intent and willful “unfair” conduct, subject to multiple damages, and would not be barred by the parties’ contractual damages waiver. As a result, the court denied summary judgment for Philips on the Section 11 claim.
Similarly, in Wicked-Lite Supply, Inc. v. Woodforest Lighting, Inc., the Massachusetts Appeals Court affirmed a holding by the Business Litigation Session that knowingly selling defective products, coupled with repeated false assurances that nothing was wrong, could support Chapter 93A liability and treble damages. The court emphasized a totality-of-the-circumstances analysis and reaffirmed that conduct need not “attain the antiheroic proportions of immoral, unethical, oppressive, or unscrupulous conduct” to fall within established concepts of unfairness.
Key Takeaway: These decisions reflect a continuing trend in which business-to-business negotiations, termination decisions, or contract breaches may be challenged as willful conduct subject to multiple damages through Chapter 93A. In Section 11 cases, the line between contract claims and Chapter 93A exposure remains fact-dependent. Defense counsel should emphasize contractual context, commercial expectations, and the absence of unfair or deceptive conduct to resist escalation beyond bargained-for remedies.
New AG Rules Target Junk Fees and Subscription Practices
The most significant regulatory development of 2025 came from the Massachusetts Attorney General, which finalized comprehensive rules targeting junk fees and negative-option marketing. The regulations require disclosure of the total price at the first meaningful point of consumer contact, effectively curbing drip pricing practices.
Central to the framework is the “first presentation” requirement. Before a consumer provides personal information or meaningfully engages, all mandatory fees must be clearly and conspicuously disclosed. The rules also impose detailed subscription cancellation requirements, including disclosure of the specific date by which cancellation must occur to avoid charges.
Violations constitute per se unfair or deceptive acts under Chapter 93A. Plaintiffs need not litigate whether pricing practices were misleading in context; noncompliance itself may establish liability.
Key Takeaway: Companies should continue auditing digital interfaces, marketing materials, and subscription mechanics. Designs that previously passed scrutiny may warrant reassessment under the new standards for clarity and conspicuousness.
Chapter 93A Enters the AI Era: Algorithmic Bias and Consumer Protection
Although resolved through settlement, the Attorney General’s action against Earnest Operations signals a broader enforcement trajectory. The matter involved allegations that an AI-driven underwriting model produced disparate impacts on protected groups. The Attorney General framed the alleged bias as an unfair practice under Chapter 93A without relying on proof of discriminatory intent.
The settlement imposed governance obligations, including bias testing, documentation, and oversight. While not binding precedent, the resolution offers insight into how Chapter 93A may be applied to algorithmic decision-making.
Key Takeaway: Companies deploying AI in consumer-facing decisions should anticipate increased scrutiny, including under Chapter 93A. Documented governance, testing, and remediation processes are likely to play a central role in both regulatory and private litigation.
Looking Ahead to 2026: Preparing for the Next Wave of Chapter 93A Claims
The trajectory set in 2025 is likely to continue. Negative-option and subscription-based class actions may increase as plaintiffs test new regulations. AI-related Chapter 93A claims may migrate from enforcement actions into private litigation. Plaintiffs will likely continue to test the limits of Chapter 93A based on non-profit commercial activity, willful unfair business conduct, and its territorial reach.
From a defense perspective, preparation for 2026 may include targeted assessments:
- Fee disclosures and checkout flows for compliance with total-price and first-presentation requirements.
- Subscription programs and cancellation mechanics under the negative-option rules.
- AI systems for potential disparate impact, supported by documented governance frameworks.
- Non-profit commercial activity that may exceed an organization’s mission scope and tread into waters where Chapter 93A might apply.
- Choice-of-law provisions for transactions that may not satisfy the “primarily and substantially” test.
Chapter 93A litigation is increasingly shaped by regulatory precision rather than expansive theories of unfairness. Companies that align compliance, documentation, and litigation strategy with regulatory guidance will be better positioned to manage the next wave of consumer protection claims in 2026 and beyond.