Legal Question in Business Law in Massachusetts

Re: Misleading Statement by Competitor

This is a complicated question and I do not have sufficient space to answer your question completely.

If they are not mentioning your company name, then unless you know who X is you can't say they are being deceptive?

If they are mentioning you by name and price and their information is untrue that is deceptive.

If they are simply implying they are the cheapest, but not claiming to be the cheapest, then this is not really actionable.

Without seeing the advertisement it is difficult to say what they have done is simply advertising puffing or a violation of FTC rules or other statutes.

Re: Misleading Statement by Competitor

I think the chances of accomplishing precisely what you want are significantly better if you retain an attorney to draft and send the letter you have in mind. On the facts you've described, a well-drafted attorney letter is likely to do the trick. While a letter from the company itself might also produce results, it is also just as likely to be ignored by the coming company unless/until you take additional steps to show you mean business.

Preparing and sending a forceful, effective letter on your behalf - and then handling any ensuing negotiations to resolve the dispute, then properly "papering" the settlement - would be relatively inexpensive, and probably well worth the cost.

To address the specifics of your inquiry, more facts are needed to say for sure, including whether the competing service is wholly private, or is a public, or quasi-public entity, among other things. Probably threatening claims under the Massachusetts consumer protection statute for unfair deceptive acts or practices, among other things, would be the primary focus of the letter, but there is additional legal leverage available as well. It depends on the surrounding specific facts.

Feel free to contact me directly if you are interested in further exploring effective, cost-efficient ways to nip this in the bud.