My college just treated me unfairly, can I bring an unfair business practices claim against it?
16 October 2025
Answer: Probably not, because such a claim requires the offending party to be “engaged in trade or commerce,” which when applied to private nonprofits that most colleges are, is a narrow scope of activity. In other words, if you are interacting with your college in a fashion that most students do, it is likely your college’s interaction with you would not be considered to be trade or commerce.
The question of whether an entity is engaged in trade or commerce is a significant one. Initially, a college or university is usually a private, not profit entity or a charitable corporation that is not designed for business gain in the traditional sense. (Have you ever seen such an entity on a stock ticker or anyone having shares in one?). Although, “an entity’s “status as a ‘charitable’ corporation is not, in and of itself, dispositive of the issue whether c. 93A applies.” Linkage Corp. v. Trs. of Bos. Univ., 425 Mass. 1, 23-24 (1997) quoting Planned Parenthood Fed’n of Am., Inc. v. Problem Pregnancy of Worcester, Inc., 398 Mass. 480, 492-493 (1986). That status will go a long way in the author’s experience with garden-variety cases. “The applicability of G. L. c. 93A, section 2 (a) . . . requires a dual inquiry: first, the court assesses whether the interaction is “commercial” in nature, and second, it evaluates whether the parties were both engaged in “trade or commerce,” and therefore acting in a “business context.” Linkage Corp. v. Trs. of Bos. Univ., 425 Mass. 1, 22-23 (1997). Factors to be considered in determining when parties act in a “business context” include: “the nature of the transaction, the character of the parties involved, and the activities engaged in by the parties,” as well as “whether the transaction is motivated by business or personal reasons. Begelfer v. Najarian, 381 Mass. 177, 190-191 (1980). Essentially, when most colleges are conducting their core mission, the enrollment and teaching of students, it is not considered to be acting in a business context. High Expectations LLS v. KPCA Northwestern Presbyterian Theological Seminary, Civil Action No. 1:24-cv-11225-IT, *7-8 (D. Mass) (decided Sept. 4, 2025). Thus, unless you were engaging with the college in a venture outside of its core mission, it will likely be deemed to not be engaged in trade or commerce for the Massachusetts Consumer Protection Act to apply.
If you pursue litigation, just this question alone can demand or entail dozens of hours of research and debate, which might be necessary because application of the statute, and thus all of its teeth like mandatory attorneys’ fees and possible multiple damages upon success, rides on this question and is at stake.
In the event you are facing such questions, feel free to call to contemplate an engagement for an evaluation of options.