Mass. Gen. Laws ch. 93 – Regulation of Trade and Certain Enterprises | Midpage

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Massachusetts General Laws

Chapter 93

Mass. Gen. Laws ch. 93

Regulation of Trade and Certain Enterprises

1Massachusetts Antitrust Act; short title applicable to Secs. 1 to 14A; purpose 2Definitions 3Jurisdiction 4Restraint of trade or commerce 5Monopolies 6Discouraging competition 7Exemptions 8Investigation by attorney general 9Civil actions by attorney general 10Violations of Secs. 4 or 5 with intent to injure person; punishment; jurisdiction 11Judgment or decree as prima facie evidence; effect on public contracts 12Civil actions; treble damages; attorneys fees; injunction; stay 13Limitations of actions 14AEffect of Massachusetts Antitrust Act upon consumer protection laws 14EDefinitions applicable to Secs. 14E to 14K 14FUnfair sales; sales at less than cost; penalties 14GAdvertising or offering to sell or selling at retail or wholesale excepted 14HInjunction; duties of district attorneys 14IConflict of laws 14JPartial invalidity 14KUnfair Sales Act; short title applicable to Secs. 14E to 14K 14LDefinitions applicable to Secs. 14M to 14R 14MDistribution and redemption of trading stamps; printing; minimum value 14NDistribution and redemption of trading stamps; conditions precedent 14ONew bonds; liability 14PCessation of business; conditions precedent 14QRedemption of stamps; defaults; procedure 14RPenalties for violation of Secs. 14M to 14P; jurisdiction 14SRedemption of credit slips; time limitation 15Publication of statement of financial condition of mining corporation 16False statement filed with commissioner 17Sale of stock of mining corporation with knowledge of false advertisement; penalty 18False statements to stock exchanges; penalty 18ALaundry or dry cleaning establishments; identification marks; report of type and style; change in identification system 18BCoin operated laundries; notice to consumer of drying times 24Definitions applicable to Secs. 24 to 28 24ADebt collectors and third party loan servicers; licensing and registration requirement; rules and regulations; applicability of section to student loan servicers 24BLicense; application; fee; terms; multi-state licensing system 24CRegistration of third-party loan servicer; fees; multi-state licensing system 24DInvestigation of collection records of debt collector or third party loan servicer by commissioner; business records; records of investigation; penalties 24EAnnual or periodic report of debt collector or third party loan servicer; failure to file; penalties 24FProduction of books and papers; administration of oath; failure to appear or produce evidence; obstruction; penalty 24GRequisites for license; grounds for denial; written decision; appeal 24HViolation of act by non-applicant; investigation; police authority; violation of chapter 93A 24IRevocation or suspension of license; grounds; notice and hearing; surrender; civil and criminal liability; contracts 24JCease and desist orders; temporary orders; notice and hearing; review 24KEnforcement; civil action 25Amount, form and provisions of bond 26Sureties; approval; filing; cancellation; notice 27Record of bonds; open to public inspection 28Penalties 28ARemoval or termination sales 28DViolations of Secs. 28A to 28C; penalties 28EJurisdiction of superior court 28FFire sales; advertising 29Powers of outdoor advertising board; rules and regulations; permits; hearings 29AObjection to application for permit for billboard, sign or other advertising device; hearing; issuance; appeal 30Prohibition of certain billboards; conformance to rules and regulations; application 30AAbatement and removal of billboard, sign or other device; nuisance 31Jurisdiction of supreme judicial and superior courts 32Application of Secs. 29 to 31 and Sec. 33; exempted signs, etc.33Violations of rule, regulation, etc., established under Sec. 29; penalties 40Solicitation of business on public sidewalks 40ADishonored checks; demand for payment 42Trade secrets; definitions applicable to Secs. 42 to 42G 42ATrade secrets; injunctive relief 42BTrade secrets; damages 42CTrade secrets; attorney's fees and costs 42DTrade secrets; preservation of secrecy; alleging misappropriation with reasonable particularity 42ETrade secrets; statute of limitations 42FTrade secrets; effect on other law 42GTrade secrets; uniformity of application and construction 43Unsolicited merchandise 43AFees, penalties or other charges for sending original bill or invoice by postal mail 43BUse by performing group of false, deceptive or misleading affiliation, connection or association with recording group 48Cancellation of agreements consummated at place other than seller's place of business 48ACancellation of membership camping contracts 48BUse of credit card to obtain travel services; surcharges, reduction of agent's commission 49Debt collection in an unfair, deceptive or unreasonable manner 49ARetail trade reporting agencies; disclosures 50Definitions applicable to Secs. 50 to 67 51Consumer report; circumstances under which reporting agency may furnish 51AConsumer election to exclude name from consumer reporting agency list; notification system 51BConsumer report; consent of consumer required for user to obtain, use or seek report; disclosure of reason for accessing report 52Information not to be contained in consumer report; exceptions 52AChild support arrearages; information furnished to consumer reporting agencies; notice to obligor 53Investigative consumer report; disclosures to consumer 54Procedures to be maintained by reporting agency 54AProcedures to ensure accuracy of information reported to consumer reporting agency; disputed information; liability 55Consumer identifying information; furnishing to governmental agency by consumer reporting agency 56Consumer reporting agency disclosures to consumer; written explanation; notice of rights; content of notice 57Procedure for consumer reporting agency disclosures; actions based on information disclosed 58Completeness or accuracy of information; dispute by consumer; reinvestigation; deletion of information; notification of deletion or dispute; reinsertion of information 59Charge to consumer for disclosures 60Consumer report for employment purposes; public record information; notice of request for consumer report 60AProcedures for accurate reporting of public record information 61Use of adverse information in subsequent consumer reports; verification; time of receipt 62Denial of credit, insurance or employment, etc. because of adverse credit information; disclosures to consumer 62AConsumer requested security freeze on consumer report 62BOffering of paid products to prevent or restrict access to credit; notice of availability of security freeze without charge; identification of other consumer reporting agencies from which to place, lift or remove security freeze 63Willful noncompliance with Secs. 50 to 62A; liability for damages 64Negligent noncompliance with Secs. 50 to 62A; liability for damages 65Jurisdiction; limitations 66Obtaining information from consumer reporting agency under false pretenses; penalty 66AIntroducing false information into consumer reporting agency's files; penalty 67Providing information from consumer reporting agency's files to unauthorized person; penalty 68Noncompliance as unfair trade practice 68ADefinitions applicable to Secs. 68B to 68D 68BCredit services organization; restrictions 68CWritten statement of credit services organization provided to buyer; contents 68DContract between buyer and credit services organization; requirements 68EViolations of Secs. 68B to 68D 69Multi-level distribution companies; multi-level marketing programs; contracts of participation 70Certification of title to mortgaged premises; liability of attorney; unfair practice 71Definitions applicable to Secs. 72 to 75 72Purchases and sales of hearing aids; prerequisites 73Sale of hearing aid by physician, otolaryngologist or audiologist offering services under Sec. 72; disclosure; inducement to influence recommendation of purchase 74Hearing aid sales and delivery receipts; copies of medical clearance and hearing evaluation; customer records 75Violations of Secs. 72 to 74; effect; rules and regulations 76Sale of life leases and long-term leases in nursing homes, retirement homes and homes for aged 78Definitions applicable to Secs. 78A to 88 78AHealth clubs to have AED and AED provider on premises 79Sellers of contracts for health club services; bond requirement 80Contracts for health club services; terms 81Contracts for health club services; cancellation of contract; notice; refund 82Contracts for health club services; cancellation of contract after buyer's death or disablement; other reasons for cancellation; notice; refund 83Assignment of contract for health club services; right of cancellation preserved; notice of assignment 84Unfair and deceptive trade practices of health clubs or sellers of contracts for health club services 85Void and unenforceable contracts for health club services 86Actions for damages or other relief; actions involving use or non-use of defibrillator 87Violations of Secs. 78 to 88; civil penalty 88Enforcement of bonding provisions by attorney general 89Dressing room surveillance; penalty 90Definitions applicable to Secs. 90 to 93 91Written statement of information prior to execution of consumer lease 92Advertisement for consumer lease; statement regarding payment 92AConsumer lease; item disclosure 92BReinstatement of agreement following failure of timely payment 93Liability of lessor; limits on recovery; offset and counterclaim 94Contract for purchase and sale of propane gas 95Definitions applicable to Secs. 95 to 100 96Sale or distribution of plaintiff personal injury listing; required information 97Disclosure of plaintiff personal injury listing 98Unfair and deceptive acts or practices relating to plaintiff personal injury listings 99Violations of Secs. 96 to 98; remedies 100Violations of Secs. 96 to 98; penalties 101Waiver of consumer rights prohibited 102Equal rights; violations; civil actions; costs 103Equal rights; age and disability; violations; remedies 104Definitions applicable to Secs. 104 and 105 105Credit cards; checks; personal identification information 106Video rental; records; penalty 107Customized wheelchairs; nonconformity with warrant; rights and remedies 108Definitions applicable to Secs. 108 to 113 109Authorization of change in customer's primary interexchange carrier or local exchange carrier 110Complaint that customer's IXC or LEC has been switched without customer authorization 111Information booklet describing customer's rights under Secs. 108 to 113 112Customer refunds 113Annual report; records of companies that have engaged in unauthorized switching of customer's IXC or LEC 114Real estate transactions; disclosure; psychologically impacted property