It has come to my attention over the past week that a large, albeit yet to be determined, number of merchants in Massachusetts have received a demand letter from a small Massachusetts law firm named Summers, Summers, & Associates P.C. in regards to various alleged surcharge sticker and receipt violations that may be required by the Massachusetts Division of Banks.
Due to specific statutes in Massachusetts (known as Chapter 93A), this is a very serious matter and must be taking seriously. Under Chapter 93A, it is my understanding that these demand letters require a formal response by August 4 (assuming that the date of your received letter was July 5), so I suggest IADs immediately retain Massachusetts legal counsel to advise you on this matter.
While I do not know enough about the firm to formally recommend them, I have been in preliminary contact with a Boston, Mass.-based law firm Gilman, McLaughlin & Hanrahan LLP, which has already begun preparing a defense for a significant number of IAD/ISO operators and merchants who have received this letter. The firm certainly appears to be very knowledgeable on this specific topic.
Gilman, McLaughlin & Hanrahan LLP has indicated that it is proportioning the costs among all of its clients in this matter. If you decide that you would like to contact that particular firm, attorneys David G. Hanrahan and Michael Eby can be reached at 617-227-9999.
Tremont Capital Group Inc. is not recommending that you hire any particular firm or attorney and is only providing this contact for informational purposes.
Sam M. Ditzion is the CEO of Boston-based Tremont Capital Group, Inc., the nation’s leading provider of strategic planning and consulting, research, valuation, litigation support, and mergers and acquisitions advisory services to the ATM industry, overall self-service sector, and all related industries, including ADA compliance.