Section 107. (A) As used in this section the following words shall have the following meanings unless the context clearly indicates otherwise:—
''Collateral costs'', expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other assistive device for mobility.
''Consumer'', (1) the purchaser of a customized wheelchair if such wheelchair was purchased from a customized wheelchair dealer or manufacturer for purposes other than resale; (2) a person to whom the customized wheelchair is transferred for purposes other than resale, if such transfer occurs before the expiration of an express warranty applicable to such wheelchair; (3) a person who may enforce the warranty; or (4) a person who leases a customized wheelchair from a customized wheelchair lessor under a written lease.
''Customized wheelchair'', a manual or motorized wheeled device which is adapted to meet the specific needs of a particular individual's disability, excluding an automobile, van or truck which a consumer purchases or accepts for transfer in the commonwealth.
''Customized wheelchair dealer'', a person in the business of selling customized wheelchairs.
''Customized wheelchair lessor'', a person who leases a customized wheelchair to a consumer or who holds the lessor's rights under a written lease.
''Early termination cost'', an expense or obligation incurred by a customized wheelchair lessor as a result of both the termination of a written lease before the termination date set forth in such lease and the return of a customized wheelchair to a manufacturer pursuant to paragraph (c) of subsection (2) of subdivision (C). Early termination cost shall include a penalty for prepayment under a finance arrangement.
''Early termination savings'', an expense or obligation avoided by a customized wheelchair lessor as a result of both the termination of a written lease before the termination date set forth in such lease and the return of a customized wheelchair to a manufacturer pursuant to said paragraph (c) of said subsection (2) of said subdivision (C). Early termination saving shall include interest charges that a customized wheelchair lessor would have paid to finance the customized wheelchair or, if the customized wheelchair was not financed, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of such amount at the date of the early termination.
''Manufacturer'', a person or his agent who manufactures or assembles customized wheelchairs, including an importer, distributor, factory branch, distributor branch and warrantors of the manufacturer's customized wheelchair; provided, however, that ''manufacturer'' shall not include a customized wheelchair dealer.
''Nonconformity'', a condition or defect that substantially impairs the use, value or safety of a customized wheelchair and which is covered by an express warranty applicable to the customized wheelchair or to a component of the customized wheelchair; ''nonconformity'' shall include a condition or defect which results from abuse, neglect or the unauthorized modification or alteration of the customized wheelchair by a consumer.
''Reasonable attempt to repair'', any of the following occurring within the term of an express warranty period applicable to a new customized wheelchair within one year after delivery of the customized wheelchair to a consumer, whichever occurs first:
(1) a nonconformity within the warranty is subject to repair at least four times by the manufacturer, customized wheelchair lessor, or any of the manufacturer's authorized dealers and the nonconformity continues, or
(2) the customized wheelchair is out of service for an aggregate of at least thirty days because of a warranty nonconformity.
(B) A manufacturer who sells a customized wheelchair to a consumer, either directly or through a customized wheelchair dealer, shall furnish the consumer with an express warranty for the customized wheelchair. The duration of the express warranty shall be not less than one year after first delivery of the customized wheelchair to the consumer. In the absence of an express warranty from the manufacturer, the manufacturer shall be deemed to have expressly warranted to the consumer that, for a period of one year from the date of first delivery to such consumer, the customized wheelchair shall be free from any condition or defect which substantially impairs the use value or safety of the customized wheelchair.
(C)(1) If a new customized wheelchair does not conform to an applicable express warranty and the consumer reports such nonconformity to the manufacturer, to a customized wheelchair lessor or to an authorized customized wheelchair dealer and such consumer makes the customized wheelchair available for repair prior to the expiration of one year from the date of first delivery, the nonconformity shall be repaired at no charge to the consumer.
(2)(a) If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out the requirements set forth in paragraph (b) or (c), whichever is appropriate.
(b) At the direction of a consumer other than one who leases a customized wheelchair, the manufacturer shall:
(i) accept return of the customized wheelchair and replace it with a comparable new customized wheelchair and refund any collateral costs; or
(ii) accept return of the customized wheelchair and refund to the consumer and to any holder of a perfected security interest, as their interest may appear, the full purchase price and any finance charge amount paid by the consumer at the point of sale and any collateral costs, less a reasonable allowance for use. A reasonable allowance for use shall not exceed the amount obtained by multiplying the full purchase price of the customized wheelchair by a fraction, the denominator of which shall be one thousand eight hundred and twenty-five and the numerator of which shall be the number of days that the customized wheelchair was in the consumer's possession before the consumer first reported the nonconformity to the customized wheelchair dealer.
(c) At the direction of a consumer who leases a customized wheelchair, the manufacturer shall accept return of the customized wheelchair, refund to the customized wheelchair lessor and to any holder of a perfected security interest, as their interest may appear, the current value of the written lease and refund to the consumer the amount such consumer paid under the written lease and any collateral costs, less a reasonable allowance for use. A reasonable allowance for use shall not exceed the amount obtained by multiplying the total amount for which the written lease obligates the consumer by a fraction, the denominator of which shall be one thousand eight hundred and twenty-five and the numerator of which shall be the number of days that the consumer possessed the customized wheelchair before first reporting the nonconformity to the manufacturer, customized wheelchair lessor or customized wheelchair dealer.
The current value of the written lease shall be the total amount for which that lease obligates the consumer during the period of the lease remaining after its early termination, plus the customized wheelchair dealer's early termination costs and the value of the customized wheelchair at the lease expiration date if the lease sets forth that value, less the customized wheelchair lessor's early termination savings.
(3) In order to receive a comparable new customized wheelchair or a refund due under paragraph (b) of subsection (2), a consumer described thereunder shall offer to the manufacturer of the customized wheelchair having the nonconformity to transfer possession of that customized wheelchair to that manufacturer. No later than thirty days after such offer, the manufacturer shall provide the consumer with the comparable new customized wheelchair or refund. When the manufacturer provides the new customized wheelchair or refund, the consumer shall return the customized wheelchair having the nonconformity to the manufacturer, along with any endorsements necessary to transfer legal possession to the manufacturer.
(4)(1) In order to receive a refund due under paragraph (c) of subsection (2), a consumer described thereunder shall offer to return the customized wheelchair having the nonconformity to its manufacturer. Not later than thirty days after such offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer shall return to the manufacturer the customized wheelchair having the nonconformity.
(2) To receive a refund due under paragraph (c) of subsection (2), a customized wheelchair lessor shall offer to transfer possession of the customized wheelchair having the nonconformity to its manufacturer. No later than thirty days after such offer, the manufacturer shall provide the refund to the customized wheelchair lessor. When the manufacturer provides the refund, the customized wheelchair lessor shall provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.
(3) No person may enforce the lease against the consumer after he receives a refund due under paragraph (c) of subsection (2).
[There is no subparagraph (4).]
(5) No customized wheelchair returned by a consumer or customized wheelchair lessor in the commonwealth or by a consumer or customized wheelchair lessor in another state under a similar law of that state, may be resold or leased in the commonwealth unless full disclosure of the reasons for such return has been made to a prospective buyer or lessee.
(D) Each consumer shall have the option of submitting any dispute arising under this section, upon the payment of a prescribed filing fee, to an alternate arbitration mechanism established pursuant to regulations promulgated hereunder by the secretary of the executive office of consumer affairs and business regulation. Upon application of the consumer and payment of the appropriate filing fee, all manufacturers shall submit to such alternative arbitration. Such alternate arbitration shall be conducted by a professional arbitrator or arbitration firm appointed by and under regulations established by the attorney general. Such mechanism shall ensure the personal objectivity of its arbitrators and the right of each party to present its case, to be in attendance during any presentation made by the other party and to rebut or refute such presentation.
(E) Nothing contained in this section shall be deemed to limit any rights or remedies available to a consumer under any other law. Any waiver by a consumer of rights under this section shall be void.
(F) In addition to pursuing any other remedy, a consumer may bring an action to recover for damages caused by a violation of this section. The court shall award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees, and any equitable relief that the court deems is appropriate.
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