‘Trade or Commerce’ as a Threshold Issue Under Chapter 93A: Lessons for Professional Services Litigation

Short summary

Massachusetts Superior Court ruled a law firm avoided Chapter 93A consumer protection liability because its conduct did not occur 'in trade or commerce.' The plaintiff, a VC fund co-founder, was not the firm's client, and his visa revocation was a personal consequence of a private business dispute. The decision establishes that attorney conduct on behalf of a corporate client does not create Chapter 93A liability to non-client third parties.

• •Chapter 93A requires conduct occur 'in trade or commerce' — a threshold issue that can independently defeat claims
• •Law firms representing entities are not exposed to Chapter 93A liability to non-client adverse parties in private disputes
• •Visa revocation characterized as personal matter unrelated to commerce, not a commercial injury

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