[MA] Can I send a Chapter 93A demand letter after being overcharged by an online company?

MA Consumer Protection

Legal Eagle

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The short answer?

You can send a demand letter under Chapter 93A because the facts show misleading advertising. You can ask for your money back and for multiple damages if they refuse. You can sue if they ignore the letter. (MA Gen L ch 93a § 9)

That’s the short answer; here’s the long answer:

The description they gave during the live created a clear expectation that the lowest value item would be $250, and that is the type of misleading sales tactic 93A covers. You have evidence of what they said and what you received, which makes your claim stronger.

A 93A demand letter gives them thirty days to fix it, which is required before filing in court. You can ask for your refund and for the loss you suffered. If they do not respond or respond in bad faith, the court can award two or three times your damages. (MA Gen L ch 93a § 9(3))

You can also report the conduct to the state consumer office. Here is what you can do legally, step by step:

Write a 93A demand letter that explains what they represented, what you paid, what you received, and what you want refunded.
Send it by certified mail to the business address shown on their TikTok seller profile.
Save screenshots of the live, the listing, the messages, their dismissive response, and the price of the product you actually received.
If they do not fix this within thirty days, file in small claims court asking for your actual loss and multiple damages under 93A.
File a complaint with the State Consumer Office.
You can also report the TikTok seller through Tiktok's ecommerce complaint form.

Does that help clarify things? I want to make sure I didn’t leave anything out.

Chapter 93A (Massachusetts) Demand Letter

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So I live in MA and I was reading on MA chapter 93A. I was overly charged by a company through TikTok. I’d like to send them a letter of intent.

Lexi, Chatbot

I understand how frustrating it can be to feel overcharged by a company. Have you already attempted to resolve this issue directly with the company before considering legal action?

Yes.

Lexi, Chatbot

What specific amount were you overcharged, and do you have any documentation or evidence of the transaction?

I do have evidence. I was charged 1,000% profit by being misled on what I was buying. This company operates on TikTok Live. When I messaged them with my problems nothing was done. I figured if I joined their live they would be better to talk to, and instead I was dismissed and talked down to. I intend to sue them for 1000% damages just as they charged me 1000% profit.

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like.

What did the company represent or promise during the TikTok live that caused you to believe you were purchasing something different from what you actually received?

They were showing golf clubs talking about golf club names and such. Then they proceeded to say floor is 250 ceiling is 600. I inquired about it on the live — all I was told was floor is 250 ceiling is 600. So intrigued, I clicked the shopping cart and it’s a Dorm Dudes golf package for $157 dollars. I was led to believe the least expensive thing in this box would be $250 dollars. Then the package arrives it’s a singular sleeve of golf balls. The whole pack of those balls is valued at $32 dollars.

Legal Eagle

Thanks for sharing those details. It sounds like a frustrating experience. Could you tell me when this transaction took place?

Order was placed on November 10th.

Legal Eagle

Got it, thanks. When you reached out to the company about this issue, did they provide any explanation or offer any resolution?

Their response was: "Our streamers do a disclaimer before every break to ensure everyone understands the breaking process. Were you unsure on how the break was occurring?"

Then they said: "Floor and ceiling break are for what are in the boxes," which is essentially them saying I paid for something from floor to ceiling.

Legal Eagle

Understood! So you're just wondering what it is you can do here, correct?

As long as you have everything you need to analyze the situation.

Legal Eagle

Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?

Ok man.

Legal Eagle

I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask, because this law stuff can get complicated.

Legal Eagle

The short answer?

That’s the short answer; here’s the long answer:

You can also report the conduct to the state consumer office. Here is what you can do legally, step by step:

Write a 93A demand letter that explains what they represented, what you paid, what you received, and what you want refunded.
Send it by certified mail to the business address shown on their TikTok seller profile.
Save screenshots of the live, the listing, the messages, their dismissive response, and the price of the product you actually received.
If they do not fix this within thirty days, file in small claims court asking for your actual loss and multiple damages under 93A.
File a complaint with the State Consumer Office.
You can also report the TikTok seller through Tiktok's ecommerce complaint form.

Does that help clarify things? I want to make sure I didn’t leave anything out.

I did report their TikTok how can I get the letter?

Legal Eagle

I hear you! You can write a simple 93A demand letter that states what they represented, what you paid, what you received, and that you want a refund. Send it by certified mail to the business address listed on their TikTok seller profile. You can also file a complaint with the state consumer office while you wait for their response.

Ok thanks.

Legal Eagle

For sure! Did I thoroughly address your question? Did I provide top-tier service to you? If the answer is no to either, please let me know so I can help! I know it's a lot.

Legal Eagle

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