Massachusetts General Laws
Chapter 93 - Regulation of Trade and Certain Enterprises
Section 68 - Noncompliance as Unfair Trade Practice

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