Richardson v. UPS Store, Inc.
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The Supreme Judicial Court held that the $1.25 fee cap set forth in Mass. Gen. Laws ch. 262, 41 applies only to a particular notarial act known as "noting," and that the meaning of that section has not been expanded to include all notarial acts.
The question at issue in this case arose in connection with a lawsuit in which Plaintiff alleged that Defendants - The UPS Store, Inc., and J&V Logistics LLC, the franchise owner - overcharged him for notary services. Plaintiff alleged violations of Mass. Gen. Laws ch. 262, 41 and Mass. Gen. Laws ch. 93A. Defendants removed the case to the federal district court. Thereafter, Defendants moved to certify to the Supreme Judicial Court the question of whether section 41 applies to all notarial acts, as argued by Plaintiff. The district court certified the question. The Supreme Judicial Court held that Mass. Gen. Laws ch. 262, 41 and 43 to not proscribe fees for acts unrelated to the protest of a negotiable instrumented that, aside from section 41, there are currently no statutes or executive orders that cap fees for any other notarial act.
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