Your browser (Internet Explorer 7 or lower) is out of date. It has known security flaws and may not display all features of this and other websites. Learn how to update your browser.

X

Massachusetts Consumer Protection Statute, 93A, Attorney Fees and Interest

In a ruling by the Federal District Court in Massachusetts, Judge Young held that when a consumer wins a Consumer Protection claim (93A case) and the Court orders that the defendant pay the consumer his or her attorney fees, interest on the attorney fees begins to accrue when the original judgment enters. In Massachusetts Courts court, the interest rate is one percent per month from the time suit is filed http://www.ncsconline.org/WC/Publications/KIS_PreCivPJIPub.pdf , however the federal court rate is 5.22% from the judgment date.

This one reason why our clients appreciate having their consumer protection cases heard in state courts.
 
In this case, the plaintiffs were awarded a victory on the case and had to await some time before attorney fees were calculates. Apparently, the issue became when to start accruing the interest on the attorney fee portion of the judgment: from the time of the initial victory, or from the later time when Judge Young actually made his attorney fee finding. The Court decided that while the First Circuit has not made a determination, other Federal Circuit Courts have, and they go back to the date of the initial judgment.