In Massachusetts, the mini-FTC act is the Massachusetts – Regulation of Business Practices for Consumers Protection Act.  Under this legislation, plaintiffs have a cause of action when any person who employs any method, act or practice declared to be unlawful by section two or any rule or regulation issued thereunder.  To sustain an action, the plaintiff must show actual harm due to the defendant’s conduct.  There is no statute of limitations for actions under the statute.

            A successful plaintiff is entitled to damages and/or other equitable relief, including an injunction as potential remedies for a violation.  Damages under the statute are capped at actual damages or, no more than treble and no less than double for willful violations, and attorneys’ fees are recoverable if the court finds that there has been a violation of section two.  Class actions are permitted under the statute.