McGrath v. Mishara, 434 N.E.2d 1215 (1982)

Citation: McGrath v. Mishara, 434 N.E.2d 1215 (1982)
Parent Document: McGrath v. Mishara, 434 N.E.2d 1215 (1982)
Jurisdiction: Massachusetts (state)
Effective Date: 1982-05-03
Original Source: https://www.courtlistener.com/opinion/2047214/mcgrath-v-mishara/ ↗

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The judge agreed with the tenants that the three notices to quit constituted an unfair, deceptive, or unreasonable attempt to collect a debt under G. L. c. 93, § 49, in that they were “threats of . . . action[s] which the creditor [landlord] in the usual course of business does not in fact take” (§ 49 [c]). He noted, though, that the final paragraph of § 49 expressly provides that a failure to comply with the provisions of the section constitutes an unfair or deceptive act or practice under G. L. c. 93A. Thus, plaintiffs seeking to recover for violations of c. 93, § 49, must satisfy the requirements for recovery under c. 93A. Baldassari v. Public Fin. Trust, 369 Mass. 33, 45 (1975). *79

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