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Ms. Donna L. Palermino, Ms. Barbara Anthony,
2 credits day; 2 credits evening. This is a two-hour course for students who have completed at
least one year of law school. Prior completion of a course on Article Two of the UCC is helpful
but not required. The method is lecture and class discussion based on appellate cases in the
course materials (688 pages). The grade is based solely on a written exam calling for short essay-
type answers. The course seeks to develop an understanding of state UDAP (―unfair or deceptive
acts or practices‖) statutes by focusing on Massachusetts General Laws Chapter 93A, Regulation
of Business Practices for Consumers Protection. The course surveys: attorney‘s fee awards,
consumer class actions, contracts and misrepresentation, unconscionability, automobile ―lemon‖
laws, residential leases, home improvement contractors, the structure of Chapter 93A; and the
applicability of UDAP statutes to the learned professions, insurance claims, interstate
transactions, small claims, and actions brought by one business against another. This course does
not address products liability, anti-trust law or consumer credit regulation.
This course surveys modern case law and statutes that protect consumers from unfair and
deceptive practices, with a particular emphasis on the Massachusetts Consumer Protection Act,
General Laws Chapter 93A, a typical general consumer protection statute. Topics will include
common law tort and contract remedies; the Federal Trade Commission act; examples of specific
consumer statutes such as automobile lemon laws; certain financial services laws such as the
Truth in Lending Act; and theories imposing liability on financing entities and related
companies. Because chapter 93A and similar state laws are used extensively in commercial
litigation, its application in business suits will be considered. Co-taught by Anthony and
Palermino
Enrollment is limited: 25
Elective Course
Meets Financial Services Concentration Requirements
Recommended for the Mass Bar
Final Exam Required
Contemporary American Politics