Planned Parenthood, Nonprofit Marketization, and Law School Employment-Placement Statistics: How Three Seemingly Unrelated Topics Could Potentially Expand the Scope of Chapter 93A of the Massachusetts General Laws

Consumers in Massachusetts have been protected from acts of unfair and deceptive trade by chapter 93A of the Massachusetts General Laws (93A) since 1967. Liability occurs under 93A only when the defendant is engaged in trade or commerce. To date, courts have held that public charities and nonprofits, while engaged in their charitable missions, are not engaged in trade or commerce, and therefore those entities have traditionally been found to be outside the reach of 93A claims. In the near future, however, the courts may have another chance to determine if, and under what circumstances, public charities may be engaged in trade or commerce. . . .