McGONAGLE v. HOME DEPOT U.S.A., INC.

No. 07-P-1507.

75 Mass. App. Ct. 593 (2009)

LISA McGONAGLE & another v. HOME DEPOT U.S.A., INC.

Appeals Court of Massachusetts, Middlesex.

October 29, 2009.


Attorney(s) appearing for the Case

John P. Zavez for the plaintiffs.

Beth I.Z. Boland (Doreen M. Rachal with her) for the defendant.

Ben Robbins, Martin J. Newhouse, & Jo Ann Shotwell Kaplan, for New England Legal Foundation & another, amici curiae, submitted a brief.

Present: KATZMANN, MEADE, & SIKORA, JJ.


SIKORA, J.

The main issue presented by this appeal is whether a commercial retailer may be liable in damages for an unfair or deceptive act or practice under G. L. c. 93A, §§ 2 and 9, to a customer whom it charges an excessive sales tax. A Superior Court judge concluded that, as a matter of law, the retailer's collections of the sales tax did not constitute actionable business activity within the purpose of G. L. c. 93A, and entered summary judgment in favor...

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