J & R Towing was held UNFAIR AND DECEPTIVE by the Trial Court of Masachusetts, Small Claims Division, on March 6, 2012. Grinnell v. J & R Towing, Recovery and Repairs, Inc., No. 1160SC001485.
The court awarded DOUBLE PUNITIVE DAMAGES, under the Massachusetts Consumer Protection law, M.G.L. 93A, ? 9. The court held J & R Towing knowingly and willingly misrepresented facts to induce the customer to transact; and the customer was harmed by reasonably relying upon J & R Towing?s deception.
Factors the court may have relied upon include: (1) J & R Towing knew, or should have known, it made a promise to deceive the customer to transact; (2) J & R Towing manufactured fraudulent receipts and sought to induce the customer to defraud a third party; (3) J & R Towing would have profited by at least 300% by its deception were it not but for the customer?s knowledge of the law and enforcement of rights; (4) J & R Towing failed to reply, or offer reasonable settlement, in bad faith with knowledge, or reason to know, its acts violated the Massachusetts Consumer Protection Law, chapter 93A, ? 2; and (5) J & R Towing failed to appear before the court after reasonable and legally sufficient notice.
THEREFORE, all those seeking to transact with J & R Towing should be informed that on at least one occasion, that company has been adjudicated as using unfair and deceptive business practices as described by the Massachusetts Consumer Protection Law. Further, J & R Towing has acted so that it was FOUND EGREGIOUS ENOUGH TO RISE TO THE HIGH THRESHOLD REQUIRED TO AWARD PUNITIVE DAMAGES under M.G.L. 93A.
Foregoing stated by Plaintiff Creditor on March 12, 2012.
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