Section 3 Violations; damages; injunctions - Massachusetts Statutes

Section 3. The attorney general may institute a civil action to prevent or restrain violations of section two.

A person injured by a violation of section two may maintain an action for damages or for an injunction or both against any person who has committed the violation.

In a proceeding under this section, the court shall determine whether a violation has been committed and enter any judgment or decree necessary to remove the effects of any violation it finds and to prevent continuation or renewal of the violation in the future.

If an application for an injunction is granted, after due notice to all parties, a hearing thereon, and as a disposition on the merits of such application, the complainant may be awarded costs and reasonable attorney’s fees.

In an action for damages, if there is a wilful violation of section two, the person injured may be awarded up to three times the amount of actual damages which results from the violation, with costs and reasonable attorney’s fees.

An action brought to enforce this section shall be commenced within four years after the cause of action accrues.

For the purpose of this paragraph, a cause of action for a continuing violation accrues at the time of the latest violation.