Hershenow v. Enterprise Rent-A-Car Co.

(dissenting, with whom Spina, J., joins). We have before us an agreement, drafted and used by the defendant, a national car rental company, which contains restrictions on collision damage waivers (CDWs) sold to its customers that are patently in violation of G. L. c. 90, § 32E ½, and, as a result, in violation of G. L. c. 93A, §§ 2 (a) and 9. Despite the defendant’s efforts to characterize the unfair and deceptive provisions as a “mistake,” the provisions were inserted, apparently intentionally, to cancel, in defined circumstances, the right of a purchaser of a CDW to recover on its…