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HERSHENOW v. ENTERPRISE RENT-A-CAR COMPANY OF BOSTON, INC.

445 Mass. 790 (2006)

BARRY HERSHENOW & another v. ENTERPRISE RENT-A-CAR COMPANY OF BOSTON, INC., & another.

Supreme Judicial Court of Massachusetts, Suffolk.

January 17, 2006.

Attorney(s) appearing for the Case

John Roddy (Elizabeth A. Ryan with him) for the plaintiffs.

Michael A. Kahn, of California (M. Kay Martin, of California, & John H. Henn with him) for the defendants.

The following submitted briefs for amici curiae:

Ben Robbins & Andrew Grainger for New England Legal Foundation.

Stephen D. Poss & S. Jason P. Baletsa for The Hertz Corporation & another.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

MARSHALL, C.J.

We consider in this case whether two consumers who rented motor vehicles from the defendants, Enterprise Rent-A-Car Company of Boston, Inc., and Enterprise Rent-A-Car Company (collectively Enterprise), have stated a claim under G. L. c. 93A, § 9 (1), which permits an action by any person who has been "injured" by another's unfair or deceptive act or practice. The rental customers contend that the collision damage waiver provision (CDW) in Enterprise...

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