Bellerman v Fitchburg Gas & Electric Light Co: Lack of Injury in Massachusetts Consumer Claims


On July 29, 2016, the Massachusetts Supreme Judicial Court (SJC) reversed a Superior Court order granting class certification for two classes of residential and business customers of the defendant, Fitchburg Gas and Electric Light Company (FG&E).

Plaintiffs alleged that FG&E’s customers suffered injury under the Massachusetts consumer protection statute, chapter 93A, by overpaying for electric service because the company failed to comply with emergency preparedness regulations. The SJC concluded that, because no customer failed to receive electricity or experienced an interruption in service as a result of the alleged violation, plaintiffs could not establish a cognizable injury under the statute.

Pierce Atwood litigation partner Donald R. Frederico discusses this recent decision in his post today on the firm’s First Class Defense class action blog.