Legal Question in Consumer Law in Massachusetts

Re: c93A Demand Letters

Yes, your voluntary dismissal of your lawsuit makes it as though no suit was ever filed, so you can now "start over" by sending a proper demand letter under Chapter 93A, section 9.

There is no rule against sending more than one 93A demand letter and including additional information or documentation with your subsequent letters.

Please note, though, that the courts have become increasingly "picky" in deciding whether or not any given 93A demand letter is adequate to fulfill the statute's demand requirement, and more and more lawsuits are getting thrown out on the grounds that the demand letter wasn't sufficient. Your demand has to be quite specific in pointing what part of chapter 93A (or related consumer protection laws) has been violated, and how. You should consider talking to a lawyer to determine whether it makes sense to have a lawyer represent you in this case.

Re: c93A Demand Letters

Roger is obviously quite correct about c. 93A. However, one thing should be clarified.

Your question gives the impression that a demand letter must be sent "before ANY lawsuit is filed". This is not true, and I assume that your question refers only to violations of the Massachusetts Consumer Protection Act.

In other words, you must file a demand letter prior to suing for a consumer protection violation, but not for a breach of contract.