MALDONADO, J.
The plaintiff appeals from a judgment of dismissal contending, as she did below, that a transaction involving the lease of a water heater was actually a credit sale in disguise, and, consequently, that the defendant's failure to make certain required disclosures amounted to common-law misrepresentation and a violation of G. L. c. 93A. Guided by Silva v. Rent-A-Center,
Background. In July, 2010, the plaintiff, Diane Saia, entered into an agreement with the defendant, Bay State Gas Company (Bay State), for the installation of a new water heater at her home in Longmeadow. The plaintiff signed a document entitled "Appliance Lease Agreement," which obligated her to pay $28.16 per month for three years for use of a water heater. The total lease payments for the three-year "minimum term" amounted to $1,013.76. That amount combined with a $220 upfront installation fee brought the plaintiff's total obligation under the agreement to $1,233.76. At the end of the minimum term, both the plaintiff and the defendant could cancel the lease at any time upon a thirty-day written notice. Absent the written cancellation notice, the lease could continue indefinitely. The plaintiff was also given the option to purchase the water heater at any time during the lease (including within the minimum term). Under this buyout option, the purchase price was the greater of two amounts: (1) the sum of one-half of the paid lease payments subtracted from a "total installed price" of $1,510.87,
On November 10, 2010, the plaintiff filed a four-count amended class action complaint asserting misrepresentation (Count I),
Summary judgment. In reviewing a grant of summary judgment, we consider the evidence in the light most favorable to the nonmoving party and determine whether "all material facts have been established and the moving party is entitled to a judgment as a matter of law." Augat, Inc. v. Liberty Mut. Ins. Co., 410 Mass. 117, 120 (1991). "We may consider any ground supporting the judgment." Ibid.
The plaintiff contends the transaction at issue was actually a disguised credit sale or a retail instalment sale agreement and, as a result, that the defendant failed to make certain disclosures required by the CCCDA and RISSA.
G. L. c. 140D, § 1, inserted by St. 1981, c. 733, § 2. The RISSA similarly defines a retail instalment sale agreement as:
G. L. c. 255D, § 1, as appearing in St. 1981, c. 733, § 14. The operational language of the two statutes is virtually indistinguishable, differing only in the manner in which each describes the object of the agreement. The object of the agreement in a credit sale is defined as "property and services," while it is defined simply as "goods" for a retail instalment sales agreement. We nevertheless address each statute separately.
In Silva, the Supreme Judicial Court considered a certified question from a judge of the United States District Court for the District of Massachusetts concerning whether a "consumer lease agreement" for a laptop computer was actually a retail instalment sale agreement in disguise and, therefore, subject to RISSA regulation. Silva, supra at 668. Emphasizing that both requirements of the statute had to be met, the court stated that in order for a transaction to be a retail instalment sale agreement, the contract must both "obligate the consumer to pay an amount substantially equivalent to, or in excess of [the value of] the goods involved and the consumer must have the option to become the owner for no other or nominal consideration on full compliance with his or her contractual obligations." Id. at 673 n.11. In evaluating a contract under this two-prong test, the court directs that we look "to the nature of the contract at the time it was formed, focusing on the parties' contractual rights and obligations
While it appears that there may be at least a colorable claim that the lease agreement at issue here meets the first prong of the test identified in Silva, supra at 673 n.11,
In light of Philibotte v. Nisource Corporate Servs. Co., supra, and the arguments raised in this appeal, we are now persuaded that Silva's interpretation of the definition of a retail installment sale under RISSA should apply as well to the CCCDA's definition of a credit sale. First, the two statutes are expressly connected pursuant to § 31 of RISSA, as appearing in St. 1981, c. 733, § 23, which provides that "[a] transaction subject to the provisions of this chapter shall also be subject to the provisions of chapter one hundred and forty D...."
Furthermore, the two statutes share the same overriding purpose and, with respect to the relevant definitions, nearly identical language. Therefore, they should be treated in a consistent manner.
For these reasons, in our view, application of Silva's RISSA analysis to the identical operational language in CCCDA's definition of a credit sale compels the same result. As noted in our discussion under RISSA, we understand full compliance with contractual obligations, under the second prong of the CCCDA's definition, to mean completion of the three-year lease term, irrespective of the option to renew. Since the plaintiff could not become the owner of the water heater for nominal consideration at the end of the three-year term, the lease agreement did not constitute a credit sale under the CCCDA, and Bay State's alleged failure to provide the plaintiff with the disclosures required under the CCCDA did not constitute a violation of c. 93A.
Because the parties' transaction involving the water heater was neither a credit sale nor a retail instalment sale agreement, Bay State was not obligated to make disclosures pursuant to the CCCDA or RISSA.
Other matters. a. Unreviewable claims. The plaintiff also appeals from what she claims is the judge's denial of her motion to further amend the complaint. On the record before us, however, there is no indication that the judge acted on this motion. Without a ruling on the motion, there is no disposition for us to review. Marcil v. John Deere Indus. Equip. Co., 9 Mass.App.Ct. 625, 632 (1980).
b. Motion to vacate. The plaintiff appeals from the judge's denial of a motion to vacate the dismissal of her unjust enrichment claim, which dismissal we affirmed in Saia I. The plaintiff cites no authority, and we know of none, that authorizes the Superior Court to effectively overrule our decision. The plaintiff mistakenly cites the "law of the case" doctrine, see Peterson v. Hopson, 306 Mass. 597, 601-602 (1940), which has no application in the circumstances presented here.
c. Dismissal of recission claim. Finally, we also reject the plaintiff's claim that the judge misinterpreted our decision in Saia I by declining to consider her G. L. c. 93, § 48, claims. In Saia I we expressly affirmed the dismissal of the plaintiff's claim for rescission of the agreement under G. L. c. 93, § 48, and the judge did not err in so concluding.
Judgment affirmed.