Legal Question in Consumer Law in Massachusetts
Gift certificate
I received a $200.00 gift certificate to a local restaurant in July, 2005. The restaurant closed, very suddenly, in January, 2006. They were leasing the property and did not want to renew the lease. They did not file for bankrupcy. Do I or the person who gave me the certificate have any recourse?
2 Answers from Attorneys
Re: Gift certificate
The gift certificate is still valid under regulations of the MA Attorney General. You can file a complaint with the AG's Consumer Protection Division, online or by mail (mass.gov, enter "consumer protection" in upper right search box). Or you can find out who the owner is/was by checking the town/city clerk's office for a "dba" certificate or the Sec. of State's corporations division for the name of the officers or resident agent if it is a corporation. Send the owner or the corporation a letter, c ertified mail return receipt, "pursuant to Mass. General Laws Chapter 93A" asking for the $200 or a restaurant where it can be used. If they do not respond or the reply is inadequate, you can still try the AG, or sue and get possible double or treble damages and attorney's fees and costs (you can do this in small claims).
You may want to try one of the consumer help persons on any of the main Boston TV channels. It won't cost you anything, and since there are likely to be other people affected, they might be interested.
Re: Gift certificate
Request in writing (certified Mail RRR) that the owners of the restaurant refund the price paid for the gift certificate. If they refuse contact the MA Attorney General's Office Consumer Affairs Division. Good Luck!
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