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Dec 2014

Kevin M. Sullivan recently obtained a judgment of dismissal of all claims against his clients following a one-week trial in the Middlesex Superior Court.  The plaintiff alleged the defendants, two employees of a non-profit community development corporation, engaged in unfair and deceptive acts and practices in violation of the Massachusetts Consumer Protection Act (Chapter 93A).  She claimed they deceived her into taking loans and granting mortgages against her property to fund home improvement work that she alleged was insufficient and performed improperly.  She claimed damages of more than $250,000, plus attorney’s fees, and sought treble damages.  The court rejected the plaintiff’s claims, finding the defendants had not engaged in unfair or deceptive acts or practices.  The court further found that the defendants were not engaged in trade or commerce, and thus could not be liable under the Act.  The court further found that the defendants were not home improvement contractors or mortgage brokers, as the plaintiff has claimed.  Prior to trial, the court awarded the defendants and their employer summary judgment on the plaintiff’s numerous other claims.

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