Massachusetts General Laws
Chapter 93 - Regulation of Trade and Certain Enterprises
Section 107 - Customized Wheelchairs; Nonconformity With Warrant; Rights and Remedies

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

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 2 - Definitions

Section 3 - Jurisdiction

Section 4 - Restraint of Trade or Commerce

Section 5 - Monopolies

Section 6 - Discouraging Competition

Section 7 - Exemptions

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 18a - Laundry or Dry Cleaning Establishments; Identification Marks; Report of Type and Style; Change in Identification System

Section 18b - Coin Operated Laundries; Notice to Consumer of Drying Times

Section 24 - Definitions Applicable to Secs. 24 to 28

Section 24a - Debt Collectors and Third Party Loan Servicers; Licensing and Registration Requirement; Rules and Regulations; Applicability of Section to Student Loan Servicers

Section 24b - License; Application; Fee; Terms; Multi-State Licensing System

Section 24c - Registration of Third-Party Loan Servicer; Fees; Multi-State Licensing System

Section 24d - Investigation of Collection Records of Debt Collector or Third Party Loan Servicer by Commissioner; Business Records; Records of Investigation; Penalties

Section 24e - Annual or Periodic Report of Debt Collector or Third Party Loan Servicer; Failure to File; Penalties

Section 24f - Production of Books and Papers; Administration of Oath; Failure to Appear or Produce Evidence; Obstruction; Penalty

Section 24g - Requisites for License; Grounds for Denial; Written Decision; Appeal

Section 24h - Violation of Act by Non-Applicant; Investigation; Police Authority; Violation of Chapter 93a

Section 24i - Revocation or Suspension of License; Grounds; Notice and Hearing; Surrender; Civil and Criminal Liability; Contracts

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 28 - Penalties

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 29a - Objection to Application for Permit for Billboard, Sign or Other Advertising Device; Hearing; Issuance; Appeal

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 42d - Trade Secrets; Preservation of Secrecy; Alleging Misappropriation With Reasonable Particularity

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 43b - Use by Performing Group of False, Deceptive or Misleading Affiliation, Connection or Association With Recording Group

Section 48 - Cancellation of Agreements Consummated at Place Other Than Seller's Place of Business

Section 48a - Cancellation of Membership Camping Contracts

Section 48b - Use of Credit Card to Obtain Travel Services; Surcharges, Reduction of Agent's Commission

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 51a - Consumer Election to Exclude Name From Consumer Reporting Agency List; Notification System

Section 51b - Consumer Report; Consent of Consumer Required for User to Obtain, Use or Seek Report; Disclosure of Reason for Accessing Report

Section 52 - Information Not to Be Contained in Consumer Report; Exceptions

Section 52a - Child Support Arrearages; Information Furnished to Consumer Reporting Agencies; Notice to Obligor

Section 53 - Investigative Consumer Report; Disclosures to Consumer

Section 54 - Procedures to Be Maintained by Reporting Agency

Section 54a - Procedures to Ensure Accuracy of Information Reported to Consumer Reporting Agency; Disputed Information; Liability

Section 55 - Consumer Identifying Information; Furnishing to Governmental Agency by Consumer Reporting Agency

Section 56 - Consumer Reporting Agency Disclosures to Consumer; Written Explanation; Notice of Rights; Content of Notice

Section 57 - Procedure for Consumer Reporting Agency Disclosures; Actions Based on Information Disclosed

Section 58 - Completeness or Accuracy of Information; Dispute by Consumer; Reinvestigation; Deletion of Information; Notification of Deletion or Dispute; Reinsertion of Information

Section 59 - Charge to Consumer for Disclosures

Section 60 - Consumer Report for Employment Purposes; Public Record Information; Notice of Request for Consumer Report

Section 60a - Procedures for Accurate Reporting of Public Record Information

Section 61 - Use of Adverse Information in Subsequent Consumer Reports; Verification; Time of Receipt

Section 62 - Denial of Credit, Insurance or Employment, Etc. Because of Adverse Credit Information; Disclosures to Consumer

Section 62a - Consumer Requested Security Freeze on Consumer Report

Section 62b - Offering 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

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 67 - Providing Information From Consumer Reporting Agency's Files to Unauthorized Person; 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 69 - Multi-Level Distribution Companies; Multi-Level Marketing Programs; Contracts of Participation

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 73 - Sale of Hearing Aid by Physician, Otolaryngologist or Audiologist Offering Services Under Sec. 72; Disclosure; Inducement to Influence Recommendation of Purchase

Section 74 - Hearing Aid Sales and Delivery Receipts; Copies of Medical Clearance and Hearing Evaluation; Customer Records

Section 75 - Violations of Secs. 72 to 74; Effect; Rules and Regulations

Section 76 - Sale of Life Leases and Long-Term Leases in Nursing Homes, Retirement Homes and Homes for Aged

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 82 - Contracts for Health Club Services; Cancellation of Contract After Buyer's Death or Disablement; Other Reasons for Cancellation; Notice; Refund

Section 83 - Assignment of Contract for Health Club Services; Right of Cancellation Preserved; Notice of Assignment

Section 84 - Unfair and Deceptive Trade Practices of Health Clubs or Sellers of Contracts for Health Club Services

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 109 - Authorization of Change in Customer's Primary Interexchange Carrier or Local Exchange Carrier

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 113 - Annual Report; Records of Companies That Have Engaged in Unauthorized Switching of Customer's Ixc or Lec

Section 114 - Real Estate Transactions; Disclosure; Psychologically Impacted Property