Massachusetts General Laws
Chapter 93 - Regulation of Trade and Certain Enterprises
Section 8 - Investigation by Attorney General

Section 8. Whenever the attorney general has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in any act or practice prohibited by this act, he may, prior to the commencement of any civil or criminal action as provided for by this act, issue in writing and cause to be served upon such person a civil investigative demand requiring such person to produce documentary material pertinent to the investigation for inspection or copying, to answer written interrogatories in writing and under oath, to give oral testimony concerning documentary material or information, or to furnish any combination of such material, answers or testimony.
Each demand shall (a) specify the section or sections of this act the alleged violation of which is under investigation and the conduct constituting the alleged violation; (b) prescribe a reasonable return date or dates in no event less than twenty days from the date of service of the demand; (c) if it is a demand for production of documentary material, describe the class or classes of documentary material to be produced with reasonable specificity so as to permit such material to be fairly identified; (d) if it is a demand for answers to written interrogatories, propound with reasonable specificity the written interrogatories to be answered; and (e) if it is a demand for the giving of oral testimony, prescribe a time and place at which such oral testimony shall be commenced, and identify the person or persons who shall conduct the examination.
No such demand shall contain any requirement which would be unreasonable or improper if continued in a discovery notice, request, or demand made under any of the discovery provisions of the Massachusetts Rules of Civil Procedure; or require the disclosure of any materials which would be privileged, or which for any other reason would not be required to be disclosed if demanded by a subpoena duces tecum issued by a federal court or a court of the commonwealth in aid of a grand jury investigation.
A civil investigative demand may be served by any means provided under the Massachusetts Rules of Civil Procedure or any statute of the commonwealth for service of a complaint in a civil action.
At any time before the return date specified in the demand, or within such further time as may be agreed to by the attorney general and the person served with a demand, the person served may petition the superior court for an order modifying or setting aside such demand or for an appropriate protective order. The obligation to comply with the demand shall be suspended while such petition is pending. The petition shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon lack of jurisdiction, the inapplicability of this act, any failure of the demand to comply with the provisions of this act or upon any constitutional or other legal right or privilege of such person, including that the information sought constitutes a trade secret. The superior court shall have jurisdiction to enter such order or orders as may be required to carry into effect the provisions of this chapter and to protect the rights of the petitioner. Any final order so entered shall be subject to appeal.
The attorney general shall have the authority, at any time, to modify or revoke any civil investigative demand and to stipulate to protective orders with respect to documents and information submitted in response to a demand. Such protective orders may include provisions appropriate to the full and adequate protection of trade secrets.
All persons served with a demand for oral examination pursuant to this section shall be paid the same fees and mileage paid to witnesses in the courts of the commonwealth. No person shall be excused from attending such inquiry on the ground of failure to tender or pay a witness fee or mileage unless demand therefor is made at or before the time testimony is to be taken.
The oral examination of all persons pursuant to this section shall be conducted before a person duly authorized to administer oaths by the law of the commonwealth and shall be taken in the county within which such person resides, is found, or transacts business or in such other county as may be agreed upon by the attorney general and such person.
Any person compelled to appear under a demand for oral testimony pursuant to this section may be accompanied, represented, and advised by counsel. Counsel may advise such person, in confidence, either upon the request of such person or upon counsel's own initiative, with respect to any question asked of such person. Such person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for the objection. An objection may properly be made, received, and entered upon the record when it is claimed that such person is entitled to refuse to answer the question on grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination. The person conducting the examination shall exclude from the place where the examination is held all persons except the person being examined, his counsel, the officer before whom the testimony is taken, and any stenographer taking such testimony.
Testimony shall be taken stenographically or by sound recording and transcribed. When the testimony is fully transcribed, the witness, with his counsel, shall be afforded a reasonable opportunity to examine the transcript. Any changes in form or substance which the witness desires to make shall be entered and identified upon the transcript with a statement of the reasons given by the witness for making such changes. Upon payment of reasonable charges therefor, a copy of the transcript shall be furnished to the witness.
Whenever any person fails to comply with any civil investigative demand duly served upon him under this section, the attorney general may file, in the superior court for any county in which such person resides, is found, or transacts business, a petition for an order of such court enforcing said demand. The Massachusetts Rules of Civil Procedure shall apply to any such petition. Any disobedience of any final order entered under this section shall be punished as a contempt of court.
All information and documents, including answers to interrogatories, transcripts or testimony, produced documents, and all copies thereof, which are obtained by the attorney general in the course of any investigation under this chapter shall be held in the custody of the attorney general, shall be kept confidential by the attorney general, and shall not be disclosed by the attorney general to any person except as necessary in a case brought by the attorney general under this act. Such information and documentary materials shall not be public records and are exempt from disclosure under section ten of chapter sixty-six. Upon the completion of a case brought under this act, the attorney general shall return any such documents, answers and transcripts, and all copies thereof, which have not passed into the control of the court through the introduction thereof into the record, to the person who provided such documents, answers or testimony. If no case in which such material may be used has been commenced within a reasonable time after completion of the examination or analysis of all documentary material, but in no event later than two years after production thereof, the attorney general shall, upon written request of the person who produced such material, return all documents, answers and transcripts, and all copies thereof, to the person who provided them.
No information obtained or derived in the course of any investigation under this section shall be used or introduced as evidence by the prosecution in any criminal proceeding.
Nothing in this section shall preclude the attorney general from disclosing information and evidence secured pursuant to this section to those officials of the United States and the several states charged with the enforcement of federal or state antitrust laws, provided, however, that prior to any such disclosure the attorney general shall obtain a written agreement from such officials to abide by the restrictions of this section and any orders entered pursuant to this section.

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