Section 105. (a) No person, firm, partnership, corporation or other business entity that accepts a credit card for a business transaction shall write, cause to be written or require that a credit card holder write personal identification information, not required by the credit card issuer, on the credit card transaction form. Personal identification information shall include, but shall not be limited to, a credit card holder's address or telephone number. The provisions of this section shall apply to all credit card transactions; provided, however, that the provisions of this section shall not be construed to prevent a person, firm, partnership, corporation or other business entity from requesting information is necessary for shipping, delivery or installation of purchased merchandise or services or for a warranty when such information is provided voluntarily by a credit card holder.
(b) No person, firm, partnership, corporation or other business entity accepting a check in any business or commercial transaction as payment in full or in part for goods or services shall do any of the following:
(1) Require, as a condition of acceptance of such check, that the person presenting such check provide a credit card number, or any personal identification information other than a name, address, motor vehicle operator license number or state identification card number of such person and telephone number, all of which may be recorded; provided, however, that the person, firm, partnership, corporation or other business entity accepting such check may verify the signature, name, and expiration date on a credit card; provided further, that in complying with a request to provide a telephone number, the person paying with a check may provide either a home telephone number or a telephone number where such person may be called during daytime hours.
(2) Require, as a condition of acceptance a check, or cause a person paying with such check to sign a statement agreeing to allow a credit card to be charged to cover the amount of such check.
(3) Contact a credit card issuer or otherwise access a credit card account balance to determine if the amount of any credit available to the person paying with a check will cover the amount of such check.
(4) Require, as a condition of acceptance of the check, that a person's credit card number be recorded in connection with any part of a transaction.
(5) Record on a check, or require a person paying with a check to record on such check, any information regarding the race of such person.
(c) Subsection (b) shall not prohibit any person from doing any of the following:
(1) requesting, receiving, or recording a credit card number in lieu of requiring a cash deposit to secure payment in event of default, loss, damage or other occurrence; or
(2) recording a credit card number and expiration date as a condition for cashing or accepting a check where such person has agreed with the card issuer to cash or accept checks from the issuer's card holders and where the issuer guarantees such card holder checks cashed or accepted by such person.
(d) Any violation of the provisions of this chapter shall be deemed to be an unfair and deceptive trade practice, as defined in section 2 of chapter 93A. An individual aggrieved by a violation of the provisions of this section may notify the office of consumer affairs and business regulation or the office of the attorney general. The executive office of consumer affairs is authorized to promulgate rules or regulations necessary to enforce the provisions of this section.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 93 - Regulation of Trade and Certain Enterprises
Section 1 - Massachusetts Antitrust Act; Short Title Applicable to Secs. 1 to 14a; Purpose
Section 4 - Restraint of Trade or Commerce
Section 6 - Discouraging Competition
Section 8 - Investigation by Attorney General
Section 9 - Civil Actions by Attorney General
Section 10 - Violations of Secs. 4 or 5 With Intent to Injure Person; Punishment; Jurisdiction
Section 11 - Judgment or Decree as Prima Facie Evidence; Effect on Public Contracts
Section 12 - Civil Actions; Treble Damages; Attorneys Fees; Injunction; Stay
Section 13 - Limitations of Actions
Section 14a - Effect of Massachusetts Antitrust Act Upon Consumer Protection Laws
Section 14e - Definitions Applicable to Secs. 14e to 14k
Section 14f - Unfair Sales; Sales at Less Than Cost; Penalties
Section 14g - Advertising or Offering to Sell or Selling at Retail or Wholesale Excepted
Section 14h - Injunction; Duties of District Attorneys
Section 14i - Conflict of Laws
Section 14j - Partial Invalidity
Section 14k - Unfair Sales Act; Short Title Applicable to Secs. 14e to 14k
Section 14l - Definitions Applicable to Secs. 14m to 14r
Section 14m - Distribution and Redemption of Trading Stamps; Printing; Minimum Value
Section 14n - Distribution and Redemption of Trading Stamps; Conditions Precedent
Section 14o - New Bonds; Liability
Section 14p - Cessation of Business; Conditions Precedent
Section 14q - Redemption of Stamps; Defaults; Procedure
Section 14r - Penalties for Violation of Secs. 14m to 14p; Jurisdiction
Section 14s - Redemption of Credit Slips; Time Limitation
Section 15 - Publication of Statement of Financial Condition of Mining Corporation
Section 16 - False Statement Filed With Commissioner
Section 17 - Sale of Stock of Mining Corporation With Knowledge of False Advertisement; Penalty
Section 18 - False Statements to Stock Exchanges; Penalty
Section 18b - Coin Operated Laundries; Notice to Consumer of Drying Times
Section 24 - Definitions Applicable to Secs. 24 to 28
Section 24b - License; Application; Fee; Terms; Multi-State Licensing System
Section 24c - Registration of Third-Party Loan Servicer; Fees; Multi-State Licensing System
Section 24g - Requisites for License; Grounds for Denial; Written Decision; Appeal
Section 24j - Cease and Desist Orders; Temporary Orders; Notice and Hearing; Review
Section 24k - Enforcement; Civil Action
Section 25 - Amount, Form and Provisions of Bond
Section 26 - Sureties; Approval; Filing; Cancellation; Notice
Section 27 - Record of Bonds; Open to Public Inspection
Section 28a - Removal or Termination Sales
Section 28d - Violations of Secs. 28a to 28c; Penalties
Section 28e - Jurisdiction of Superior Court
Section 28f - Fire Sales; Advertising
Section 29 - Powers of Outdoor Advertising Board; Rules and Regulations; Permits; Hearings
Section 30 - Prohibition of Certain Billboards; Conformance to Rules and Regulations; Application
Section 30a - Abatement and Removal of Billboard, Sign or Other Device; Nuisance
Section 31 - Jurisdiction of Supreme Judicial and Superior Courts
Section 32 - Application of Secs. 29 to 31 and Sec. 33; Exempted Signs, Etc.
Section 33 - Violations of Rule, Regulation, etc., Established Under Sec. 29; Penalties
Section 40 - Solicitation of Business on Public Sidewalks
Section 40a - Dishonored Checks; Demand for Payment
Section 42 - Trade Secrets; Definitions Applicable to Secs. 42 to 42g
Section 42a - Trade Secrets; Injunctive Relief
Section 42b - Trade Secrets; Damages
Section 42c - Trade Secrets; Attorney's Fees and Costs
Section 42e - Trade Secrets; Statute of Limitations
Section 42f - Trade Secrets; Effect on Other Law
Section 42g - Trade Secrets; Uniformity of Application and Construction
Section 43 - Unsolicited Merchandise
Section 43a - Fees, Penalties or Other Charges for Sending Original Bill or Invoice by Postal Mail
Section 48 - Cancellation of Agreements Consummated at Place Other Than Seller's Place of Business
Section 48a - Cancellation of Membership Camping Contracts
Section 49 - Debt Collection in an Unfair, Deceptive or Unreasonable Manner
Section 49a - Retail Trade Reporting Agencies; Disclosures
Section 50 - Definitions Applicable to Secs. 50 to 67
Section 51 - Consumer Report; Circumstances Under Which Reporting Agency May Furnish
Section 52 - Information Not to Be Contained in Consumer Report; Exceptions
Section 53 - Investigative Consumer Report; Disclosures to Consumer
Section 54 - Procedures to Be Maintained by Reporting Agency
Section 59 - Charge to Consumer for Disclosures
Section 60a - Procedures for Accurate Reporting of Public Record Information
Section 62a - Consumer Requested Security Freeze on Consumer Report
Section 63 - Willful Noncompliance With Secs. 50 to 62a; Liability for Damages
Section 64 - Negligent Noncompliance With Secs. 50 to 62a; Liability for Damages
Section 65 - Jurisdiction; Limitations
Section 66 - Obtaining Information From Consumer Reporting Agency Under False Pretenses; Penalty
Section 66a - Introducing False Information Into Consumer Reporting Agency's Files; Penalty
Section 68 - Noncompliance as Unfair Trade Practice
Section 68a - Definitions Applicable to Secs. 68b to 68d
Section 68b - Credit Services Organization; Restrictions
Section 68c - Written Statement of Credit Services Organization Provided to Buyer; Contents
Section 68d - Contract Between Buyer and Credit Services Organization; Requirements
Section 68e - Violations of Secs. 68b to 68d
Section 70 - Certification of Title to Mortgaged Premises; Liability of Attorney; Unfair Practice
Section 71 - Definitions Applicable to Secs. 72 to 75
Section 72 - Purchases and Sales of Hearing Aids; Prerequisites
Section 75 - Violations of Secs. 72 to 74; Effect; Rules and Regulations
Section 78 - Definitions Applicable to Secs. 78a to 88
Section 78a - Health Clubs to Have Aed and Aed Provider on Premises
Section 79 - Sellers of Contracts for Health Club Services; Bond Requirement
Section 80 - Contracts for Health Club Services; Terms
Section 81 - Contracts for Health Club Services; Cancellation of Contract; Notice; Refund
Section 85 - Void and Unenforceable Contracts for Health Club Services
Section 86 - Actions for Damages or Other Relief; Actions Involving Use or Non-Use of Defibrillator
Section 87 - Violations of Secs. 78 to 88; Civil Penalty
Section 88 - Enforcement of Bonding Provisions by Attorney General
Section 89 - Dressing Room Surveillance; Penalty
Section 90 - Definitions Applicable to Secs. 90 to 93
Section 91 - Written Statement of Information Prior to Execution of Consumer Lease
Section 92 - Advertisement for Consumer Lease; Statement Regarding Payment
Section 92a - Consumer Lease; Item Disclosure
Section 92b - Reinstatement of Agreement Following Failure of Timely Payment
Section 93 - Liability of Lessor; Limits on Recovery; Offset and Counterclaim
Section 94 - Contract for Purchase and Sale of Propane Gas
Section 95 - Definitions Applicable to Secs. 95 to 100
Section 96 - Sale or Distribution of Plaintiff Personal Injury Listing; Required Information
Section 97 - Disclosure of Plaintiff Personal Injury Listing
Section 98 - Unfair and Deceptive Acts or Practices Relating to Plaintiff Personal Injury Listings
Section 99 - Violations of Secs. 96 to 98; Remedies
Section 100 - Violations of Secs. 96 to 98; Penalties
Section 101 - Waiver of Consumer Rights Prohibited
Section 102 - Equal Rights; Violations; Civil Actions; Costs
Section 103 - Equal Rights; Age and Handicap; Violations; Remedies
Section 104 - Definitions Applicable to Secs. 104 and 105
Section 105 - Credit Cards; Checks; Personal Identification Information
Section 106 - Video Rental; Records; Penalty
Section 107 - Customized Wheelchairs; Nonconformity With Warrant; Rights and Remedies
Section 108 - Definitions Applicable to Secs. 108 to 113
Section 110 - Complaint That Customer's Ixc or Lec Has Been Switched Without Customer Authorization
Section 111 - Information Booklet Describing Customer's Rights Under Secs. 108 to 113
Section 112 - Customer Refunds
Section 114 - Real Estate Transactions; Disclosure; Psychologically Impacted Property