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State2013 Statute Number2013 Statute Language

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MassachusettsMass. Gen. Laws ch.93 § 40. Regulation of trade and certain enterprises - solicitation of business on public sidewalks.Whoever makes a practice of accosting persons, other than acquaintances, upon any public sidewalk and induces or tries to induce such persons to purchase merchandise shall be punished by a fine of not more than one hundred dollars. This section shall not apply to licensed pedlers, or to persons holding permits or licenses to expose for sale or sell merchandise upon public streets or sidewalks, acting within the scope of their permits or licenses, or to persons when seeking to sell newspapers.

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Mass. Gen. Laws ch.93 § 40A.
Dishonored checks; demand for payment.
Whoever makes, draws, utters or delivers any check, draft or order for the payment of money upon any bank or other depository which refuses to honor the same because the maker has no account with such bank or other depository or because the maker has insufficient funds on deposit therein and who fails to pay the amount of such check, draft or order within thirty days following a written demand therefor by the payee in accordance with this section and delivered to such person by regular mail and also by certified mail return receipt requested shall, in addition to any criminal penalties which may be imposed in accordance with law, be liable to the payee for the face amount of such check, draft or order, and for additional damages, as determined by the court, but in no event shall the amount of such damages be less than one hundred nor more
than five hundred dollars.

The written demand for payment required by this section shall be in the following form and shall be printed in at least ten point type in both the English and Spanish languages:

DEMAND FOR PAYMENT OF DISHONORED CHECK
DATE:
TO:
NAME OF MAKER
WARNING: YOU MAY BE SUED 30 DAYS AFTER THE DATE OF THIS NOTICE IF YOU DO NOT MAKE PAYMENT


LAST KNOWN RESIDENCE ADDRESS OR PLACE OF BUSINESS
YOUR CHECK/DRAFT/ORDER IN THE AMOUNT OF $________
DATED ________ PAYABLE TO THE ORDER OF ____________ HAS BEEN DISHONORED BY THE BANK OR OTHER DEPOSITORY UPON WHICH IT HAS BEEN DRAWN BECAUSE:
___
THE MAKER HAD NO ACCOUNT WITH SUCH BANK OR DEPOSITORY
___
THE MAKER HAD INSUFFICIENT FUNDS ON DEPOSIT WITH SUCH BANK OR DEPOSITORY
IF YOU DO NOT MAKE PAYMENT WITHIN THIRTY DAYS OF THE ABOVE DATE, YOU MAY BE SUED TO RECOVER PAYMENT. IF A JUDGMENT IS RENDERED AGAINST YOU IN COURT, IT WILL INCLUDE NOT ONLY THE ORIGINAL FACE AMOUNT OF THE CHECK/DRAFT/ORDER, BUT ALSO ADDITIONAL LIQUIDATED DAMAGES OF NOT LESS THAN ONE HUNDRED DOLLARS ($100.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00).
PLEASE MAKE PAYMENT IN THE AMOUNT OF $________ TO:

NAME OF PAYEE


ADDRESS TO WHICH PAYMENT SHOULD BE DELIVERED

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Mass. Gen. Laws ch.93 § 42.
Taking of trade secrets.
Whoever embezzles, steals or unlawfully takes, carries away, conceals, or copies, or by fraud or by deception obtains, from any person or corporation, with intent to convert to his own use, any trade secret, regardless of value, shall be liable in tort to such person or corporation for all damages resulting therefrom. Whether or not the case is tried by a jury, the court, in its discretion, may increase the damages up to double the amount found. The term “trade secret” as used in this section shall have the same meaning as is set forth in section thirty of chapter two hundred and sixty-six.

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Mass. Gen. Laws ch.93 § 42A.
Injunctive relief; taking of trade secrets.
Any aggrieved person may file a petition in equity in the supreme judicial court or in the superior court for the county in which either the petitioner or the respondent resides or transacts business, or in Suffolk county, to obtain appropriate injunctive relief including orders or decrees restraining and enjoining the respondent from taking, receiving, concealing, assigning, transferring, leasing, pledging, copying or otherwise using or disposing of a trade secret, regardless of value. The term “trade secret” as used in this section shall have the same meaning as set forth in section thirty of chapter two hundred and sixty-six.

In an action by an employer against a former employee under the provisions of this section for the conversion of a trade secret and where such conversion is in violation of the terms of a written employment agreement between said employer and employee, said employer shall, upon petition, be granted a preliminary injunction if it is shown that said employee is working in a directly competitive capacity with his former employer in violation of the terms of such agreement and that in violation of the terms of such agreement said employee has used such trade secret in such competition.

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Mass. Gen. Laws ch.93 § 43. Unsolicited merchandise.Any person who receives unsolicited goods, wares or merchandise, offered for sale, but not actually ordered or requested by him orally or in writing, shall be entitled to consider such goods, wares or merchandise an unconditional gift, and he may use or dispose of the same as he sees fit without obligation on his part to the sender.

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Mass. Gen. Laws ch.93 § 43A.
Fees, penalties or other charges for sending original bill or invoice by postal mail.
A person engaged in trade or commerce shall not assess a fee, penalty or other charge for the sending of an original bill or invoice by postal mail to a natural person in this commonwealth; but this section shall not apply to a reasonable discount offered to a natural person for voluntary agreement to pay or otherwise satisfy a bill or invoice after its receipt by means other than postal mail, or for voluntary options such as customized bills or invoices.

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Mass. Gen. Laws ch.93 § 43B.
Use by performing group of false, deceptive or misleading affiliation, connection or association with recording group.
For purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:--

“Performing group”, a vocal or instrumental group seeking to use the name of another group that has previously released a commercial sound recording under that name.

“Recording group”, a vocal or instrumental group at least 1 of whose members has previously released a commercial sound recording under that group's name and in which that member has a legal right by virtue of use or operation under the name in question without having severed- relationships with the recording group or otherwise abandoned use of the name or affiliation in question.

“Sound recordings”, works resulting from the fixation on a material object of a series of musical, spoken, or other sounds regardless of the nature of the material objects such as disks, tapes or other media in which the sounds are embodied.

“Unfair methods of competition” and “unfair or deceptive acts or practices”, advertising a live musical performance or production in the commonwealth through the use of a false, deceptive or misleading affiliation, connection or association between the performing group and the recording group. A performing group shall have 1 or more members of the recording group on stage with the legal right to use the name in order to perform in the commonwealth unless: (i) the performing or recording group is the authorized registrant and owner of a Federal Service Mark for that performing group registered in the United States Patent and Trademark Office; (ii) at least 1 member of the performing group was a member of the recording group with a legal right to use the name in question; (iii) the live musical performance or production is identified in all advertising and promotion as a salute or tribute; (iv) the advertising does not relate to a live musical performance taking place in the commonwealth; or (v) the performance is expressly authorized by the recording group.
A person who engages in unfair methods of competition or unfair or deceptive acts or practices as defined in this section shall be punished by a fine of not less than $5,000 and not more than $15,000 in addition to other remedies provided by law.

In addition to other remedies provided by law, the recording group may obtain an injunction against a performance in the commonwealth by the performing group and may recover 3 times the sum of any profits accrued from either the performance or the sale of sound recordings.

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Mass. Gen. Laws ch.93 § 48. Cancellation of agreements consummated at place other than seller's place of business.A. An agreement providing for the sale or lease of goods, or the rendering of services, or both, primarily for personal, family or household purposes in excess of twenty-five dollars in value and which is consummated by a party thereto at a place other than the address of the seller or lessor, which may be his main office or branch thereof, may be canceled by the buyer for other than the seller's or lessor's breach, whether or not such agreement contains a provision for periodic payments or an extension of credit, provided the buyer, not later than midnight of the third business day following execution of the agreement, notifies the seller or lessor that he is canceling, and such cancellation shall be effective thereupon.

B. Each such agreement shall be in writing, in the same language as that principally used in the oral sales presentation, signed by the seller or lessor, containing his address, the date of the transaction and all the terms agreed upon by the parties or required by law. The failure to include a required or an agreed term or to deliver a copy of the agreement signed by the seller or lessor shall give the buyer the right to cancel said agreement until the omitted term is provided or the copy of the agreement delivered. In either case, the time period during which the buyer may cancel under subsection A shall not commence until the failure to include terms or deliver a copy has been corrected.
Each agreement shall contain the following statement appearing on the front page thereof in immediate proximity to the space reserved for the buyer's signature and in boldface type of a minimum size of ten points:--
You may cancel this agreement if it has been signed by a party thereto at a place other than an address of the seller, which may be his main office or branch thereof, provided you notify the seller in writing at his main office or branch by ordinary mail posted, by telegram sent or by delivery, not later than midnight of the third business day following the signing of this agreement.
See the attached notice of cancellation form for an explanation of this right.
Each such agreement shall have attached thereto a completed form in duplicate, which shall be easily detachable, and which shall contain in ten point boldface type the following in the same language as that used in the agreement:--

NOTICE OF CANCELLATION
(Enter date of transaction)
(Date)
You may cancel this transaction, without any penalty or obligation, within three business days from the above date.
If you cancel, any property traded in, any payments made by you under the agreement, and any negotiable instrument executed by you will be returned within ten business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this agreement; or you may if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to , at (Name of seller) (Address of seller's place of business) not later than midnight of _______________ (Date).
I hereby cancel this transaction.


(Date)
(Buyer's signature)
Forms and notices of the right to cancel prescribed by rules of the Federal Trade Commission may be substituted for the forms and notices required by this subsection.

C. Notice of cancellation under this section shall be given in writing to the seller at the place of business as set forth in the agreement by ordinary mail posted, by telegram sent or by delivery, not later than midnight of the third business day following execution of the agreement.

D. In the event of cancellation pursuant to this section the seller or lessor shall within ten business days of the receipt of any valid notice of cancellation (i ) refund all payments made, including any down payment made under the agreement; (ii ) return any goods or property traded in to the seller on account of or in contemplation of the agreement, in substantially as good condition as when received by the seller; (iii ) cancel and return any copies of the agreement and any negotiable instrument signed by the buyer with a notation indicating that it has been cancelled; and (iv ) take any action necessary or appropriate to terminate promptly any security interest created in connection with the agreement.
The seller or lessor shall be entitled to reclaim and the buyer shall return whenever possible or hold at the seller's disposal any goods received by the buyer under the agreement. The buyer may, at his option, comply with the instructions of the seller or lessor regarding the return shipment of the goods at the seller's or lessor's expense and risk. If the buyer does make the goods available to the seller and the seller does not pick them up within twenty days of the date of the buyer's notice of cancellation, the buyer may retain or dispose of the goods without any further obligation. If the buyer fails to make the goods available to the seller, or if the buyer agrees to return the goods to the seller and fails to do so, then the buyer shall remain liable for performance of all obligations under the contract.
The seller or lessor shall within ten business days of receipt of the buyer's notice of cancellation notify the buyer whether the seller or lessor intends to repossess or to abandon any shipped or delivered goods.

E. Whoever violates any provision of this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months, or both.

F. A violation of this section shall constitute a violation of chapter ninety-three A.

G. An agreement subject to this section shall not contain any waiver of the buyer's rights provided under this section.

H. The seller or lessor shall inform the buyer orally, at the time he signs the agreement, of his right to cancel and shall not misrepresent in any manner such right.

I. The seller or lessor shall not negotiate, transfer, sell, or assign any agreement or other evidence of indebtedness to a finance company or other third party prior to midnight of the fifth business day following the day the agreement was signed. No negotiation, transfer, sale or assignment of any agreement or other evidence of indebtedness shall defeat or limit the buyer's right to cancel the agreement because of failure to include a required or an agreed term or to deliver an accurate copy of the agreement, as provided in subsection B.

J. A seller of services shall not commence such service during the three business day cancellation period, and the buyer shall not be responsible for the value of work performed during such period, in the event of cancellation.

K. This section shall not apply to a transaction in which the buyer is accorded the right to rescission by the provisions of chapter one hundred and forty D, or in which the buyer has initiated the transaction and the goods or services are needed to meet a bona fide immediate personal emergency of the buyer, and the buyer furnishes the seller with a separate dated and signed personal statement in the buyer's handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the right to cancel the sale within three business days.

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Mass. Gen. Laws ch.93 § 48A. Cancellation of membership camping contracts. For purposes of this section, the following words shall have the following meanings:

“Membership camping contract” or “Membership camping agreement” means any written agreement of more than one year's duration, executed in whole or in part within this commonwealth, which grants to a purchaser a nonexclusive right or license to use the campground of a membership camping operator or any portion thereof on a first come, first serve or reservation basis together with other purchasers. Membership camping contract or membership camping agreement also means any written agreement of more than one year's duration, executed in whole or in part within the commonwealth, which obligates the membership camping operator to transfer or which does in fact transfer to the purchaser title to or an ownership interest in a campground or any portion thereof, and which gives the purchaser a nonexclusive right or license to use the campground of a membership camping operator or any portion thereof, on a first come, first serve or reservation basis together with other purchasers.

Any person who signs a membership camping contract or membership camping agreement shall have the unqualified right to cancel such contract. This right of cancellation cannot be waived. The right to cancel expires at midnight on the third business day following the date on which the contract was executed. To cancel the membership camping contract, the purchaser must mail notice of your intent to cancel by certified United States mail to the membership camping operator at the address shown in the membership camping contract, postage prepaid. The membership camping operator is required to return all moneys paid in connection with the execution of the membership camping contract, upon proper and timely cancellation of the contract.

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Mass. Gen. Laws ch.93 § 48B.
Use of credit card to obatin travel services; surcharges, reduction of agent's commission.
For the purpose of this section, the following words shall, unless the context indicates otherwise, have the following meanings:--

“Provider of travel services”, any person, firm or corporation engaged in the business of furnishing travel, transportation or vacation services; provided, however, that this term shall not include a travel agent.

“Travel agent”, any person, firm, corporation, partnership or association, other than a common carrier or employee of a common carrier who is:

(a) an officially appointed agent of a common carrier or a member of a cruise line association and who operates exclusively as an agent for cruise lines in the sale of cruise travel products or services; or

(b) a legal agent for a provider of travel services who sells or offers for sale, travel, transportation or vacation arrangements.
Whenever any consumer elects to use a credit card to obtain travel services, and the services of a travel agent are engaged by the provider of travel services, a provider of travel services may not impose a surcharge on or reduce the commission paid to such travel agent; provided, however, that this provision shall not apply to air carriers.

Failure to comply with the provisions of this section shall constitute an unfair or deceptive act or practice under the provisions of chapter ninety-three A.

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Mass. Gen. Laws ch.93 § 49.
Debt collection in an unfair, deceptive or unreasonable manner.
No one who is a creditor or an attorney for a creditor, or an assignee of a creditor, of a natural person present or residing in Massachusetts who has incurred a debt primarily for personal, family or household purposes shall collect or attempt to collect such debt in an unfair, deceptive or unreasonable manner.

For the purposes of this section, such collection or attempt to collect shall be deemed unfair, deceptive or unreasonable if:

(a) The creditor communicates, threatens to communicate, or implies the fact of such debt or alleged debt to a person other than the person who might reasonably be expected to be liable therefor, or to an authorized user after the fact if that status is communicated to the creditor in writing, except with the written permission of the alleged debtor. The provisions of this paragraph shall not prohibit a creditor from notifying a debtor of the fact that the creditor may report a debt or alleged debt to a credit bureau or engage an agent or an attorney for the purpose of collecting the debt or alleged debt. For the purposes of this paragraph, the use of language on envelopes indicating that the communication relates to the collection of a debt shall be deemed a communication of such debt or alleged debt.

(b) The creditor communicates directly with the alleged debtor after notification from an attorney representing such debtor that all further communications relative to the debt should be addressed to him.

(c) The creditor communicates with the alleged debtor in such a manner as to harass or embarrass the alleged debtor, including, but not limited to communication at an unreasonable hour, with unreasonable frequency, by threats of violence, by use of offensive language, or by threats of any action which the creditor in the usual course of business does not in fact take.

(d) The creditor communicates with alleged debtors through the use of forms or instruments that simulate the form and appearance of judicial process.

Failure to comply with the provisions of this section shall constitute an unfair or deceptive act or practice under the provisions of chapter ninety-three A.

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Mass. Gen. Laws ch.93 § 49A.
Retail trade reporting agencies; disclosures.
Every retail trade reporting agency which discloses to any third person information concerning a business engaged in retail trade shall, upon request of such business, disclose to it the nature, contents and substance of such information contained in its files at the time of the request. Whoever fails to comply with the provisions of this section shall be punished by a fine of not more than one hundred dollars, and shall be deemed to have committed an unfair or deceptive act or practice prohibited by chapter ninety-three A.

For the purposes of this section retail trade reporting agency shall mean any person, firm, association or corporation which for monetary fees or dues, regularly engages, in whole or in part, in the practice of assembling or evaluating trade or other information on a business engaged in retail trade for the purpose of furnishing reports on such business to third parties.

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Mass. Gen. Laws ch.93 § 50.
Definitions.
As used in this section and sections fifty-one through sixty-seven, inclusive, the following words shall have the following meanings:

“Consumer”, an individual.

“Consumer report”, any written, oral or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing or credit capacity which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for (1) credit or insurance to be used primarily for personal, family, or household purposes, or (2) employment purposes, or (3) other purposes authorized under section fifty-one. The term does not include any report containing information solely as to transactions or experiences between the consumer and the person making the report, any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device, or any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made and such person makes the disclosures to the consumer required under section sixty-two.

“Consumer reporting agency”, means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.

“Employment purposes”, when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.

“File”, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.

“Firm offer of credit”, any offer of credit to a consumer that will be honored if, based on information in a consumer report on the consumer and other information relative to the creditworthiness of the consumer, the consumer is determined to meet the criteria used to select the consumer for said offer.

“Identity theft report”, a report that alleges a violation of section 37E of chapter 266, 18 United States Code, section 1028, or a similar statute in any other jurisdiction, or a copy of a report filed by a consumer with an appropriate federal, state or local law enforcement agency, and the filing of which subjects the person filing the report to criminal penalties pursuant to section 67B of chapter 266 or section 13A of chapter 269.

“Investigative consumer report”, a consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.

“Lift”, to suspend a security freeze for the purpose of releasing a consumer's credit information to a specific party or for a specified period of time, as authorized by the consumer.

“Medical information”, information or records obtained after the consent of the individual to whom it relates, from licensed physicians or medical practitioners, hospitals, clinics, or other medical or medically related facilities.

“Password” or “Personal identification number”, a unique and random number or a unique and random combination of numbers, letters or symbols, which shall not contain a consumer's social security number or any sequence of 3 or more numbers of a consumer's social security number, or other personal identifying information.

“Person”, means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.

“Prescreening”, a process whereby a consumer reporting agency compiles or edits for a client a list of consumers who meet specific criteria and provides such list to the client or third party on behalf of the client for the purpose of making a firm offer of credit.

“Proper identification”, information sufficient to identify a person, which shall include, but not be limited to, name, address, social security number and date of birth. Such information shall not include information concerning the consumer's employment and personal or family history unless the consumer is unable to reasonably identify himself with the information described in the preceding sentence.

“Remove”, to permanently terminate a security freeze.

“Security freeze”, a notice placed on a person's consumer report by a consumer reporting agency, at the request of the consumer and subject to certain exceptions, which prohibits the consumer reporting agency from releasing the report or any information derived therefrom without the express authorization of the consumer.

“User”, any person seeking or obtaining a consumer report for purposes authorized in section fifty-one.

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Mass. Gen. Laws ch.93 § 51. Consumer report; circumstances under which reporting agency may furnish. (a) A consumer reporting agency may furnish a consumer report under the following circumstances and no other:

(1) in response to the order of a court having jurisdiction to issue such an order; or

(2) in accordance with the written instructions of the consumer to whom it relates; or

(3) to a person which it reasonably believes:

(i) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or

(ii) intends to use the information for employment purposes; or

(iii) intends to use the information in connection with the underwriting of insurance involving the consumer; or

(iv) intends to use the information in connection with a determination of the consumer's eligibility, or continuing eligibility, for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or

(v) intends to use the information in connection with a transaction either entered into or being negotiated with a consumer, if by the terms of the transaction either party transfers an interest in real or personal property, pays money or renders services, or becomes obligated so to transfer property, pay money or render services; provided, however, that the consumer who is the subject of the report, except in the case of the rental or lease of residential property, has provided permission in writing or in the same manner in which the transaction was negotiated or entered into, that a consumer report may be requested in connection with the transaction; or

(vi) intends to use the information for the enforcement of child support orders under chapter one hundred and nineteen A; or

(b) A consumer reporting agency may furnish information for the purposes of a credit transaction under subclause (i) of clause (3) of paragraph (a) where the credit transaction is not initiated by the consumer, only if:

(1) the consumer authorizes the consumer reporting agency to furnish the consumer credit report to the person; or

(2) the proposed transaction involves a firm offer of credit to the consumer, the consumer reporting agency has complied with the provisions of section fifty-one A, and the consumer has not elected to have his name excluded from any list of names provided by the consumer reporting agency for purposes of reporting in connection with the potential issuance of firm offers of credit and the agency only provides the name and address of the consumer and information pertaining to a consumer which is not identified or identifiable with particular accounts or transactions of the consumer.

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Mass. Gen. Laws ch.93 § 51A. Consumer election to exclude name from consumer reporting agency list; notification system. (a) A consumer may elect to have his name and address excluded from any list provided by a consumer reporting agency pursuant to clause (2) of paragraph (b) of section fifty-one by notifying the consumer reporting agency, by telephone or in writing, through the notification system maintained by the consumer reporting agency pursuant to paragraph (c), that the consumer does not consent to any use of consumer reports relating to the consumer in connection with any transaction that is not initiated by the consumer.

(b) An election by a consumer under this section shall be effective with respect to a consumer reporting agency, and any affiliate of the consumer reporting agency, on the date on which the consumer notifies the consumer reporting agency.

(c) Each consumer reporting agency that provides prescreening lists under clause (2) of paragraph (b) of section fifty-one in connection with a credit transaction not initiated by the consumer shall establish and maintain a notification system, including a toll-free telephone number, which permits any consumer, with appropriate identification and for whom the consumer reporting agency has a file, to notify the consumer reporting agency of the consumer's election to have the consumer's name removed from any list of names and addresses provided by the consumer reporting agency. Each consumer reporting agency which compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system jointly with its affiliated consumer reporting agencies.

(d) Any person who uses a consumer report in connection with any credit transaction not initiated by the consumer and which consists of a firm offer of credit shall provide with any solicitation made to the consumer a clear and conspicuous statement that the consumer has a right to prohibit the use of information contained in the consumer's file with any consumer reporting agency in connection with any credit transaction that is not initiated by the consumer. Said statement shall inform the consumer that he may exercise this right by notifying the consumer reporting agency by employing the notification system or joint notification system established under paragraph (c). A consumer may cancel or review his decision to have his name removed from prescreening lists provided under clause (2) of paragraph (b) of section fifty-one by notifying the consumer reporting agency through the notification system established under said paragraph (c). Nothing in this paragraph shall preclude a person who uses a consumer report in connection with credit transactions not initiated by the consumer from establishing a notification system, pursuant to paragraph (c) and provide such toll-free telephone number on any solicitation pursuant to this paragraph, which allows the person to notify each applicable consumer reporting agency on the consumer's behalf after receiving notice from the consumer of his election to have his name removed from such prescreening list or of the consumer's decision to review or cancel such a removal.

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Mass. Gen. Laws ch.93 § 52. Information not to be contained in report; exceptions. (a) Except as authorized under subsection (b) no consumer reporting agency shall make any consumer report containing any of the following items of information:

(1) Bankruptcies which, from date of adjudication of the most recent bankruptcy, antedate the report by more than fourteen years.

(2) Suits and judgments which, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.

(3) Paid tax liens which, from date of payment, antedate the report by more than seven years.

(4) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.

(5) Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years.

(6) Any other adverse item of information which antedates the report by more than seven years.

(b) The provisions of subsection (a) are not applicable in the case of any consumer credit report to be used in connection with--

(1) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of fifty thousand dollars or more; or

(2) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of fifty thousand dollars or more.

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Mass. Gen. Laws ch.93 § 52A.
Child support arrearages; information furnished to consumer reporting agencies; notice to obligor.
The IV-D agency, as set forth in chapter 119A, shall report periodically to consumer reporting agencies the name of any non-custodial parent who is delinquent in the payment of child support, and the amount of overdue support owed by the parent, subject to the requirements of the following paragraph. The IV-D agency shall report information only to an entity that has furnished satisfactory evidence that the entity is a consumer reporting agency.

Before reporting the name of any person who is delinquent in the payment of child support to a consumer reporting agency, the IV-D agency shall afford the person notice and due process pursuant to sections 6 and 17 of chapter 119A. Nothing in this section shall impair the rights of any obligor under federal or state law regarding consumer credit reports or consumer credit reporting agencies.

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Mass. Gen. Laws ch.93 § 53. Investigative consumer report; disclosures to consumer. (a) A person may not procure or cause to be prepared an investigative consumer report on any consumer unless:

(1) it is clearly and accurately disclosed in writing to the consumer, prior to requesting the consumer reporting agency to prepare the report, that an investigative consumer report commonly includes information as to the consumer's character, general reputation, personal characteristics, and mode of living, and the disclosure includes the precise nature and scope of the investigation requested and the right to have a copy of the report upon request; and

(2) the consumer provides the person requesting the report written permission to obtain the investigative consumer report prior to the person making such request to the consumer reporting agency.

(b) The consumer reporting agency shall upon the request of the consumer provide to the consumer a copy of such report upon its completion.

(c) No person may be held liable for any violation of paragraph (a) if he proves by a preponderance of the evidence that at the time of the violation he maintained reasonable procedures to assure compliance with said paragraph (a).

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Mass. Gen. Laws ch.93 § 54. Procedures to be maintained by reporting agency.(a) Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section fifty-two and to limit the furnishing of consumer reports to the purposes listed under section fifty-one. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section fifty-one.

(b) Whenever a consumer reporting agency prepares or disseminates a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

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Mass. Gen. Laws ch.93 § 54A. Procedures to ensure accuracy of information reported to consumer agency; disputed information; liability. (a) Every person who furnishes information to a consumer reporting agency shall follow reasonable procedures to ensure that the information reported to a consumer reporting agency is accurate and complete. No person may provide information to a consumer reporting agency if such person knows or has reasonable cause to believe such information is not accurate or complete.

(b) A person who (1) in the ordinary course of business regularly and on a routine basis furnishes information to one or more consumer reporting agencies about the person's own transactions or experiences with one or more consumers, and (2) determines that information on a specific transaction or experience so provided to a consumer reporting agency is not complete or accurate, shall promptly notify the consumer reporting agency of such determination and provide to the consumer reporting agency any corrections to that information, or any additional information, which is necessary to make the information provided by the person to the consumer reporting agency complete and accurate.

(c) While the completeness or accuracy of any information on a specific transaction or experience furnished by any person to a consumer reporting agency is subject to a continuing bona fide dispute between the affected consumer and that person, the person may not furnish the information to any consumer reporting agency without also including a notice that the information is disputed by the consumer; provided further, that no person may report to a consumer reporting agency that a consumer's account is delinquent until said bona fide dispute is resolved pursuant to the federal Fair Credit Billing Act.1

(d) A person who regularly furnishes information to a consumer reporting agency regarding a consumer who has an open-end credit account with such person, and which account is closed by the consumer, shall notify the consumer reporting agency of the closure of such account by the consumer, in information regularly furnished for the period in which the account is closed.

(e) A person who places a delinquent account for collection, internally or by referral to a third party, charges the delinquent account to profit or loss, or takes similar action, and subsequently furnishes information to a consumer reporting agency regarding such action, shall include within the information furnished, the approximate commencement date of the delinquency which gave rise to such action, unless such date was previously reported to the consumer reporting agency. Nothing contained in this paragraph shall be deemed to require that a delinquency must be reported to a consumer reporting agency.

(f) Upon receiving notice of a dispute notice pursuant to paragraph (a) of section fifty-eight with regard to the completeness or accuracy of any information provided to a consumer reporting agency, the person that provided the information shall (1) complete an investigation with respect to the disputed information and report to the consumer reporting agency the results of that investigation before the end of the thirty-business-day period beginning on the date the consumer reporting agency receives the notice of dispute from the consumer in accordance with paragraph (a) of section fifty-eight and (2) review relevant information submitted to it.

(g) A person who furnishes information to a consumer reporting agency shall be liable for failure to comply with the provisions of this section, unless the person so furnishing the information establishes by a preponderance of the evidence that, at the time of the failure to comply with this section, such person maintained reasonable procedures to comply with such provisions.

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Mass. Gen. Laws ch.93 § 55. Identifying information; furnishing to governmental agency. Notwithstanding sections 51 and 62A, a consumer reporting agency may furnish identifying information respecting any consumer, limited to his name, address, former addresses, places of employment, or former places of employment, to a governmental agency.

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Mass. Gen. Laws ch.93 § 56. Disclosure to consumer, written explanation; notice of rights; content of notice.(a) Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to the consumer:

(1) the nature, contents and substance of all information, except medical information, in its file on the consumer at the time of the request, and which is obtainable based upon the identifying information supplied by the consumer when making such request, and if such consumer has made a written request, deliver a written copy or photocopy of all such information except any code identifications which are used solely for purposes of transferring such information to and from consumer reporting agencies; provided, however, that the names of the users corresponding to the code identifications shall be disclosed to the consumer; provided, further, that the agency shall provide a clear, simple and plain meaning explanation of the information provided under this paragraph and such explanation shall be in a readable format and type, which shall in no case be smaller than ten point type;

(2) the sources of all credit information obtained through routine credit reporting or through any other credit reporting techniques in the file at the time of the request, except that the sources of information acquired solely for use in preparing an investigative consumer report and actually used for no other purpose need not be disclosed; provided, however, that in the event an action is brought pursuant to section sixty-five, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought; and

(3) the recipients of any consumer report on the consumer which it has furnished for employment purposes within the two year period preceding the request, and for any other purpose within the six-month period preceding the request.

(b) Every consumer reporting agency, upon contact by a consumer by phone, mail, or in person regarding information which may be contained in the agency files regarding that consumer, shall with each written disclosure, or in response to a request by the consumer to be advised as to his rights, promptly advise the consumer of the consumer's rights under this section. The written notice shall be in a clear and conspicuous format and be no smaller than ten point type. The notice shall inform the consumer of the consumer's rights under this chapter, provided in a clear and conspicuous manner, in substantially the following manner:

“You have a right to obtain a copy of your credit file from a consumer credit reporting agency. You may be charged a reasonable fee not exceeding eight dollars. There is no fee, however, if you have been turned down for credit, employment, insurance, or rental dwelling because of information in your credit report within the preceding sixty days. The consumer credit reporting agency must provide someone to help you interpret the information in your credit file. Each calendar year you are entitled to receive, upon request, one free consumer credit report.

You have a right to dispute inaccurate information by contacting the consumer reporting agency directly, either in writing or by telephone. The consumer reporting agency shall provide, upon request and without unreasonable delay, a live representative of the consumer reporting agency to assist in dispute resolution whenever possible and practicable, or to the extent consistent with federal law. However, neither you nor any credit repair company or credit service organization has the right to have accurate, current, and verifiable information removed from your credit report. In most cases, under state and federal law, the consumer credit reporting agency must remove accurate, negative information from your report only if it is over seven years old, and must remove bankruptcy information only if it is over ten years old.

If you have notified a consumer credit reporting agency in writing that you dispute the accuracy of information in your file, the consumer credit reporting agency must then, within thirty business days, reinvestigate and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this service. Any pertinent information and copies of all documents you have concerning a dispute should be given to the consumer credit reporting agency.

If reinvestigation does not resolve the dispute to your satisfaction, you may send a statement to the consumer credit reporting agency to keep in your file, explaining why you think the record is inaccurate. The consumer credit reporting agency must include your statement about the disputed information in a report it issues about you.

You have a right to receive a record of all inquires relating to a credit transaction initiated in the six months preceding your request, or two years in the case of a credit report used for employment purposes. This record shall include the recipients of any consumer credit report.

You have the right to opt out of any prescreening lists compiled by or with the assistance of a consumer credit reporting agency by calling the agency's toll-free telephone number or contacting the agency in writing. You may be entitled to collect compensation, in certain circumstances, if you are damaged by a person's negligent or intentional failure to comply with the credit reporting act.
You have a right to request a “security freeze” on your consumer report. The security freeze will prohibit a consumer reporting agency from releasing any information in your consumer report without your express authorization. A security freeze shall be requested by sending a request either by certified mail, overnight mail or regular stamped mail to a consumer reporting agency, or as authorized by regulation. The security freeze is designed to prevent credit, loans or services from being approved in your name without your consent. You should be aware that using a security freeze may delay, interfere with, or prevent the timely approval of any subsequent request or application you make regarding new loans, credit, mortgage, insurance, government services or payments, rental housing, employment, investment, license, cellular phone, utilities, digital signature, internet credit card transactions, or other services, including an extension of credit at point of sale.

When you place a security freeze on your consumer report, within 5 business days of receiving your request for a security freeze, the consumer reporting agency shall provide you with a personal identification number or password to use if you choose to remove the freeze on your consumer report or to authorize the release of your consumer report to a specific party or for a specified period of time after the freeze is in place. To provide that authorization, you must contact the consumer reporting agency and provide the following:-

(1) the personal identification number or password provided by the consumer reporting agency;

(2) proper identification to verify your identity; and

(3) the third party or parties who are to receive the consumer report or the specified period of time for which the report shall be available to authorized users of the consumer report.

A consumer reporting agency that receives a request from a consumer to lift a freeze on a consumer report shall comply with the request not later than 3 business days after receiving the request.

A security freeze shall not apply to a person or entity, or to its affiliates, or collection agencies acting on behalf of the person or entity, with which you have an existing account, that requests information relative to your consumer report for the purposes of reviewing or collecting the account, if you have previously given consent to the use of your consumer report. “Reviewing the account” includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.

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Mass. Gen. Laws ch.93 § 57. Procedure for disclosure; actions based on information disclosed.(a) A consumer reporting agency shall make the disclosures required under section fifty-six during normal business hours and on reasonable notice.

(b) The disclosures required under said section fifty-six shall be made to the consumer--

(1) in person if he appears in person and furnishes proper identification; or

(2) by telephone if he has made a written request, with proper identification, for telephone disclosure and the toll charge, if any, for the telephone call is prepaid by or charged directly to the consumer; or

(3) by certified mail, if he has made a written request, return receipt requested, deliver to addressee only.

(c) Any consumer reporting agency shall provide a toll-free telephone number and trained personnel to explain to the consumer any information furnished to him pursuant to section fifty-six.

(d) The consumer shall be permitted to be accompanied by one other person of his choosing, who shall furnish reasonable identification. A consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer's file in such person's presence.

(e) Except as provided in sections sixty-three and sixty-four, no consumer may bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency, based on information disclosed pursuant to sections fifty-six, fifty-seven or sixty-two except as to false information furnished with malice or willful intent to injure such consumer.

(f) No person shall be held liable for any violation of paragraph (3) of subsection (b) if such person proves by a preponderance of evidence that at the time of the alleged violation such person maintained reasonable procedures to assure compliance with said paragraph (3).

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Mass. Gen. Laws ch.93 § 58. Completeness or accuracy of information; dispute by consumer; reinvestigation; deletion of information; notification of deletion or dispute; reinsertion of information.(a) If the completeness or accuracy of any item of information in his file is disputed by a consumer, and such dispute is directly conveyed to the consumer reporting agency by the consumer, the consumer reporting agency shall within a reasonable period of time, but not to exceed thirty business days beginning on the date the consumer reporting agency receives notice from the consumer, reinvestigate and record the current status of such information unless it has reasonable grounds to believe that the dispute is frivolous or irrelevant; including by reason of a failure of the consumer to provide sufficient information, as requested by the consumer reporting agency, to resolve the dispute. Unless the consumer reporting agency determines that the dispute is frivolous or irrelevant before the end of the five business day period beginning on the date the consumer reporting agency receives notice of the dispute under this section, the agency shall notify any person who provided the information in dispute at the address provided by the person. A consumer reporting agency may require that disputes by consumers be in writing, but shall provide consumers with the option of speaking with a live representative at any time during the dispute resolution process, whenever possible and practicable or to the extent consistent with federal law.

(b) If the consumer reporting agency determines that the dispute is frivolous or irrelevant, it shall notify the consumer by mail or, if authorized by the consumer for that purpose, by any other means available to the consumer reporting agency, within five business days after the determination is made that it is terminating its reinvestigation of the item of information. In this notification the consumer reporting agency shall state the specific reasons why it has determined that the consumer's dispute is frivolous or irrelevant. The presence of contradictory information in the consumer's file shall not in and of itself constitute grounds for believing the dispute to be frivolous or irrelevant.

(c) If after such reinvestigation such information is found to be inaccurate or can no longer be verified, the consumer reporting agency shall within three business days delete such information.

(d) If the reinvestigation does not resolve the dispute, the consumer may file a statement setting forth the nature of the dispute.

(e) Within ten business days after completion of a reinvestigation, the agency shall provide the consumer with written information, free of charge, that includes: (1) a statement that the reinvestigation is completed, (2) a consumer report that is based on the consumer's file as that file is revised as a result of the reinvestigation, (3) a description or indication of any changes made in the consumer report as a result of such revisions, (4) notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the consumer reporting agency, including the business name, address, and telephone number of any furnisher of information contacted in connection with such information, (5) notice that the consumer has the right to add a statement to the consumer's file disputing the accuracy or completeness of the information, (6) notice that the consumer has the right to request that the consumer reporting agency furnish notifications under paragraphs (g) and (i), and (7) notice that the consumer has a right to obtain all information required to be disclosed under section fifty-six.

(f) Whenever a statement of dispute is filed, the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide the consumer's statement as part of its report.

(g) Following any deletion of information which is found not to be accurate, or whose accuracy can no longer be verified, the consumer reporting agency shall, upon the request of the consumer, within fifteen business days, furnish notification to any person who has within two years prior thereto received a consumer report for employment purposes, or within six months prior thereto received a consumer report for any other purpose, which contained the deleted item, that the item has been deleted.

(h) A consumer reporting agency shall accept the consumer's version of the disputed information and correct or delete the disputed item when the consumer submits to the consumer reporting agency documentation obtained from the source of the item in dispute or from public records confirming that the report was inaccurate or incomplete, unless the consumer reporting agency in good faith has substantial reason to doubt the authenticity of the documentation, or the completeness of the information provided.

(i) No information may be reinserted in a consumer's file after having been deleted pursuant to this section unless the person who furnishes the information to be reinserted verifies that the information is accurate. If any information so deleted from a consumer's file is reinserted in the file, the consumer reporting agency shall promptly notify the consumer of the reinsertion in writing or, if authorized by the consumer for that purpose, by any other means available to the consumer reporting agency. As part of, or in addition to, said notice the consumer reporting agency shall, within five business days of reinserting the information, provide, in writing to the consumer: (1) a statement that the disputed information has been reinserted; (2) a notice that the agency will provide to the consumer, within fifteen days following a request, the name, address, and telephone number of any furnisher of information contacted or which contacted the consumer reporting agency in connection with the reinsertion; (3) the toll-free telephone number of the consumer reporting agency that the consumer may use to obtain such name, address, and telephone number; and, (4) a notice that the consumer has the right to add a statement to his file disputing the accuracy or completeness of the information.

(j) At any time during the dispute process described in this section, the consumer shall have the right to request to speak to a live representative from the consumer reporting agency in an attempt to resolve the dispute. The consumer reporting agency shall maintain a toll-free telephone number available to consumers for such purpose and shall notify consumers of its availability whenever possible and practicable or to the extent consistent with federal law.

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Mass. Gen. Laws ch.93 § 59.
Charge to consumer for disclosures.
(a) A consumer reporting agency shall make all disclosures pursuant to section fifty-six without charge to the consumer if, within sixty days after receipt by such consumer of a notification pursuant to section sixty-two or notification from a debt collection agency affiliated with such consumer reporting agency stating that the consumer's credit rating may be or has been adversely affected, the consumer makes a request under section fifty-six.

(b) Except as provided in paragraph (c), a consumer reporting agency shall not charge a consumer for any disclosures or a copy of a consumer report requested pursuant to section fifty-eight.

(c) Except as otherwise provided, the consumer reporting agency may impose a reasonable charge, not to exceed eight dollars: (1) for making disclosures to a consumer pursuant to section fifty-six, the charge for which shall be indicated to the consumer prior to making disclosure; and (2) for furnishing notifications, statements, or summaries, to a person pursuant to paragraph (g) of section fifty-eight, the charge for which shall be indicated to the consumer prior to furnishing such information.

(d) Each consumer reporting agency which compiles and maintains files on consumers on a nationwide basis shall furnish without charge to any consumer who has provided verification of his identity and who meets other requirements as set forth in section fifty-seven and who requests a copy of his consumer report, one complete consumer report per calendar year.

(e) Each consumer reporting agency which does not compile and maintain files on consumers on a nationwide basis shall furnish, for a charge not to exceed five dollars, to any consumer who has provided verification of his identity and who meets other requirements as set forth in section fifty-seven and who requests a copy of his consumer report, one complete consumer report per calendar year.

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Mass. Gen. Laws ch.93 § 60.
Report for employment purposes; public record information; notice of request for consumer report.
A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer's ability to obtain employment shall at the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up to date. For purposes of this section, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported. Nothing contained in this section shall permit the use of public record information otherwise prohibited by section fifty-two.

A consumer reporting agency which furnishes a consumer report for employment purposes shall enter into an agreement with the user of such consumer report which provides that no consumer report may be requested by the user until and unless the user has provided written notice to the employee or prospective employee that a consumer report regarding the employee will be requested. For current employees, notification in an employee manual shall be sufficient for the purposes of this section.

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Mass. Gen. Laws ch.93 § 60A. Procedures for accurate reporting of public record information. A consumer reporting agency which compiles and reports items of information on consumers which are matters of public record, for the purpose of furnishing a consumer report, shall:

(a) Maintain reasonable procedures designed to insure that whenever public record information is reported, in a consumer report, it is complete and up to date to the extent practicable. It shall be deemed a reasonable procedure for a consumer reporting agency to accurately report the status of public record information as of the date recorded in its files provided that such information is updated on a regular basis.

(b) When conducting a reinvestigation as required by paragraph (a) of section fifty-eight, a consumer reporting agency shall promptly record and report the current status of the public record.

Nothing contained in this section shall permit the use of public record information otherwise prohibited under section fifty-two.

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Mass. Gen. Laws ch.93 § 61. Adverse information; verification; time of receipt. Whenever a consumer reporting agency prepares an investigative consumer report, no adverse information in the consumer report, other than information which is a matter of public record, may be included in a subsequent consumer report unless such adverse information has been verified in the process of making such subsequent consumer report, or the adverse information was received within the three-month period preceding the date the subsequent report is furnished.

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Mass. Gen. Laws ch.93 § 62.
Denial of credit or employment, etc. because of adverse credit information; disclosures to consumer.
(a) Whenever credit or insurance for personal, family or household purposes, or employment involving a consumer is denied or terminated or the charge for such credit or insurance is increased either wholly or partly or whenever a consumer's line of credit is reduced, except when the consumer is delinquent with regard to such line of credit, because of information contained in a consumer report from a consumer reporting agency, the user of the consumer report shall, within ten business days of its decision to deny or terminate such credit, insurance or employment, or to increase the charge for such credit or insurance, or to reduce a consumer's line of credit, except when the consumer is delinquent with regard to such line of credit, notify such consumer in writing against whom such adverse action has been taken. Said notice shall be in a clear and conspicuous format, no smaller than ten point type, and shall contain the name, address, and toll-free telephone number of any consumer reporting agency which provided any consumer report which was reviewed or otherwise taken into account in the making of such adverse action and shall inform the consumer of his rights in substantially the following manner:

“You have the right to obtain a free copy of your credit report within sixty days from the consumer credit reporting agency which has been identified on this notice. The consumer credit reporting agency must provide someone to help you interpret the information on your credit report. Each calendar year you are entitled to receive, upon request, one free consumer report.
You have the right to dispute inaccurate information by contacting the consumer credit reporting agency directly. If you have notified a consumer credit reporting agency in writing that you dispute the accuracy of information in your file, the agency must then, within thirty business days, reinvestigate and modify or remove inaccurate information. The consumer credit reporting agency may not charge a fee for this service.

If reinvestigation does not resolve the dispute to your satisfaction, you may send a statement to the consumer credit reporting agency, to be kept in your file, explaining why you think the record is inaccurate. The consumer credit reporting agency must include your statement about the disputed information in a report it issues about you”.

(b) Whenever credit for personal, family, or household purposes involving a consumer is denied or the charge for such credit is increased either wholly or partly because of information obtained from a person other than a consumer reporting agency bearing upon the consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, the user of such information shall, within a reasonable period of time, upon the consumer's written request for the reasons for such adverse action received within sixty days after learning of such adverse action, disclose the nature of the information to the consumer. The user of such information shall clearly and accurately disclose to the consumer his right to make such written request at the time such adverse action is communicated to the consumer.

(c) No person shall be held liable for any violation of this section if he proves by a preponderance of the evidence that at the time of the alleged violation he maintained reasonable procedures to assure compliance with the provisions of subsections (a) and (b).

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Mass. Gen. Laws ch.93 § 62A. Consumer requested security freeze on consumer report. If a consumer requests a security freeze, the consumer reporting agency shall disclose to the consumer the process of placing, removing and lifting a security freeze. A consumer reporting agency shall require proper identification of the person making a request to place, lift or remove a security freeze.

A consumer may request that a security freeze be placed on his consumer report by sending a request to a consumer reporting agency by certified mail, overnight mail or regular stamped mail to an address designated by the consumer reporting agency to receive such requests, or by a method otherwise permitted by regulation. If a security freeze is in place, the information from a consumer report shall not be released to a third party without prior express authorization from the consumer. This section shall not prohibit a consumer reporting agency from advising a third party that a security freeze is in effect with respect to the consumer report.

A consumer reporting agency shall place a security freeze on a consumer report not later than 3 business days after receiving a request from the consumer. The consumer reporting agency shall send a written confirmation of the security freeze to the consumer within 5 business days after receiving the request and shall provide the consumer with a unique personal identification number or a unique password, or both, to be used by the consumer for the purpose of providing authorization for the removal or lifting of the security freeze.
If the consumer wishes to lift a security freeze that is in place, he shall contact the consumer reporting agency, request that the freeze be lifted, and provide proper identification, the personal identification number or password, or both, provided by the consumer reporting agency, and the third party who is to receive the consumer report or the specified period of time for which the report shall be available to authorized users of the consumer report.

A consumer reporting agency that receives a request from a consumer to lift a security freeze on a consumer report pursuant to this chapter shall comply with the request as soon as practicable and without unreasonable delay, but under no circumstances not later than 3 business days after receiving the request.

A security freeze shall remain in place until the consumer requests that the security freeze be lifted or removed in accordance with this section; provided, however, that a consumer reporting agency may remove a security freeze if the consumer report was frozen due to a material misrepresentation of fact. If a consumer reporting agency intends to remove a freeze on a consumer report due to a material misrepresentation of fact by the consumer, the consumer reporting agency shall notify the consumer in writing 5 business days prior to removing the freeze on the consumer report.

While a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a consumer report without sending a written confirmation of the change to the consumer within 30 days of the change being posted to the consumer report: name, date of birth, social security number, and address. Written confirmation shall not be required for technical modifications of information contained in a consumer report, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and to the former address.
If a third party requests access to a consumer report on which a security freeze is in effect, and this request is submitted in connection with an application for credit or any other use, and the consumer does not allow his or her consumer report to be accessed for that specific party or for that specified period of time, the third party shall treat the application as incomplete.
A consumer reporting agency shall remove a security freeze within 3 business days of receiving a request for removal from a consumer who provides both proper identification and the personal identification number or password provided by the consumer reporting agency pursuant to this section.

This section shall not apply to the use of a consumer report by any of the following:--

(a) a person or agent thereof, or an assignee of a financial obligation owing by the consumer to such person or agent thereof, or a prospective assignee of a financial obligation owing by the consumer to that person or agent thereof in conjunction with the proposed purchase of the financial obligation, with which the consumer has or had, prior to assignment, an account or contract, including a demand deposit account, or to whom the consumer issued a negotiable instrument, for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract or negotiable instrument. For purposes of this paragraph, “reviewing the account” shall include activities related to account maintenance, monitoring, credit line increases and account upgrades and enhancements; or access to said account by a subsidiary, affiliate, agent, assignee or prospective assignee of a person, or agent thereof, to whom access has been granted for purposes of facilitating the extension of credit or other permissible use;

(b) any federal, state or local agency, law enforcement agency, or trial court acting pursuant to a court order, warrant or subpoena;

(c) the Massachusetts child support agency under Title IV-D of the Social Security Act, 42 U.S.C. et seq;

(d) the executive office of health and human services or its agents or assigns acting to investigate Medicaid fraud;

(e) the department of revenue or its agents or assigns acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of its other statutory responsibilities;

(f) a person using credit information for the purposes of prescreening as provided for by the federal Fair Credit Reporting Act;

(g) any person administering a credit file monitoring subscription service to which the consumer has subscribed;

(h) any person acting solely for the purpose of providing a consumer with a copy of his consumer report upon the consumer's request; or

(i) to the extent otherwise allowed by statute, any property and casualty insurer licensed by the commonwealth for use in rating or underwriting insurance policies.
Nothing in this chapter shall prevent a consumer reporting agency from charging a reasonable fee, not to exceed $5, to a consumer who elects to freeze, lift or remove a freeze to a consumer report, except that a consumer reporting agency shall not charge a fee to a victim of identity theft or his spouse, provided that the victim has submitted a valid police report relating to the identity theft to the consumer reporting agency.

The following persons shall not be required to place a security freeze on a consumer report:--

(a) a check services or fraud prevention services company, which issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers or similar methods of payments;

(b) a deposit account information service company, which issues reports regarding account closures due to fraud, substantial overdrafts, ATM abuse, or similar negative information regarding a consumer, to inquiring banks or other financial institutions for use only in reviewing a consumer request for a demand deposit account at the inquiring bank; or

(c) a consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or multiple consumer reporting agencies, and does not maintain a permanent database of credit information from which new consumer reports are produced, except that such financial institution or consumer reporting agency shall be subject to any security freeze placed on a consumer report by another consumer reporting agency from which it obtains information.

Notwithstanding any general or special law to the contrary, the director of consumer affairs and business regulation, in consultation with the secretary of housing and economic development, shall promulgate rules and regulations for the purpose of expediting the methods of requesting, lifting and removing security freezes through technological advancements, consistent with this section and designed to benefit consumers.

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Mass. Gen. Laws ch.93 § 63.
Willful noncompliance; liability for damages.
Any consumer reporting agency, person who furnishes information to any consumer reporting agency, or user of information which willfully fails to comply with any requirement imposed under sections 50 to 62A, inclusive, with respect to any consumer shall be liable to that consumer in an amount equal to the sum of--

(1) any actual damages sustained by the consumer as a result of the failure;

(2) such amount of punitive damages as the court may allow; and

(3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

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Mass. Gen. Laws ch.93 § 64.
Negligent noncompliance; liability for damages.
Any consumer reporting agency, person who furnishes information to any consumer reporting agency, or user of information which is negligent in failing to comply with any requirement imposed under sections 50 to 62A, inclusive, with respect to any consumer shall be liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure and together with, in the case of any successful action to enforce any liability under this section, the costs of the action and reasonable attorney's fees as determined by the court. The remedies provided hereunder shall not be exclusive.

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Mass. Gen. Laws ch.93 § 65. Jurisdiction; limitations. An action to enforce any liability created under sections fifty through sixty-four, inclusive, may be brought in any court of competent jurisdiction, within two years from the date on which the liability arises, except that where a defendant has materially and willfully misrepresented any information required to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual the action may be brought at any time within two years after discovery by the individual of the misrepresentation.

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Mass. Gen. Laws ch.93 § 66. Obtaining information from reporting agency under false pretenses; penalty. Any person who knowingly and willfully obtains information relative to a consumer from a consumer reporting agency under false pretenses shall be punished by a fine of not more than five thousand dollars or by imprisonment for not more than one year, or both.

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Mass. Gen. Laws ch.93 § 66A. Introducing false information into reporting agency's files; penalty. Any person who is convicted of knowingly and willfully introducing, attempting to introduce or causing to be introduced, false information into a consumer reporting agency's files for the purpose of damaging or enhancing the credit information of any individual shall be punished by a fine of not more than five thousand dollars or by imprisonment for not more than one year, or both.

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Mass. Gen. Laws ch.93 § 67. Providing information to unauthorized person; penalty. Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency's files to a person not authorized to receive that information shall be punished by a fine of not more than five thousand dollars or by imprisonment for not more than one year, or both.

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Mass. Gen. Laws ch.93 § 68. Noncompliance as unfair trade practice.Failure to comply with the provisions of sections fifty through sixty-seven shall constitute an unfair trade practice under the provisions of clause (a) of section two of chapter ninety-three A.

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Mass. Gen. Laws ch.93 § 68A. Definitions. For the purposes of sections sixty-eight B to sixty-eight D, inclusive, the following words, unless the context requires otherwise, shall have the following meanings:--

“Buyer”, any individual who is solicited to purchase or who purchases the services of a credit services organization.

“Credit services organization”, any person who, with respect to the extension of credit by others, sells, provides, performs, or who represents to sell, provide or perform for the payment of money or other valuable consideration any of the following services: (i) improving a buyer's credit record, history or rating; (ii) obtaining an extension of credit for a buyer; or (iii) providing advice or assistance to a buyer with respect to either clause (i) or (ii); provided, however, that such term shall not include (a) any person authorized to make loans or extensions of credit under the laws of the commonwealth or the United States, (b) a lender approved by the Secretary of Housing and Urban Development of the United States for participation in any mortgage insurance program under 12 USC 1701 et seq. (National Housing Act), (c) any bank whose deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, or any subsidiary of such bank, (d) any credit union authorized to do business in the commonwealth under state or federal law, (e) any nonprofit organization exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code, (f) any person licensed by the commonwealth as a real estate broker when acting within the scope of such license, (g) an attorney at law authorized to practice in the commonwealth when acting within the scope of such practice, (h) any broker-dealer registered with the Securities and Exchange Commission or the Commodities Futures Trading Commission of the United States when acting within the scope of such registration, or (i) any consumer reporting agency as defined in 15 USC 1681 et seq. (Fair Credit Reporting Act).

“Extension of credit”, credit extended to a buyer primarily for personal, family or household purposes including the right to defer payment of debt or to incur debt and defer its payment.

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Mass. Gen. Laws ch.93 § 68B.
Credit services organization; restrictions.
No credit services organization, its salespersons, agents or representatives, or any independent contractor who sells or attempts to sell the services of a credit services organization shall (1) charge or receive any money or other valuable consideration prior to full, complete and satisfactory performance of the services the credit services organization has agreed to perform for the buyer, unless such organization has obtained a surety bond in an amount not less than ten thousand dollars issued by a surety company authorized to do business in the commonwealth and has established a trust account at a federally insured bank or savings and loan association located in the commonwealth; (2) charge or receive any money or other valuable consideration solely for the referral of a buyer to a retail seller who will or may extend credit to the buyer if such extension of credit is upon substantially the same terms as those available to the general public; (3) make, or advise any buyer to make, any statement that is untrue or misleading, or that should be known by the exercise of reasonable care to be untrue or misleading, with respect to a buyer's credit worthiness, credit standing or credit rating to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer has made application for an extension of credit; (4) make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice or course of business intended to defraud or deceive a buyer in connection with the offer or sale of such services.

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Mass. Gen. Laws ch.93 § 68C. Written statement provided to buyer; contents.Before the execution of a contract or other form of agreement between a buyer and a credit services organization or before the receipt by any such organization of money or other valuable consideration, whichever occurs first, such organization shall provide the buyer with a statement, in writing, containing the following:

(1) a complete and accurate statement of the buyer's right to review any file on the buyer maintained by a consumer reporting agency, as provided under 15 USC 1681 et seq. (Fair Crediting Reporting Act);

(2) a statement that the buyer may review his consumer reporting agency file at no charge if a request therefor is made to such agency within thirty days after receipt by the buyer of notice that credit has been denied;

(3) if such request is not made within the allotted time, the approximate charge to the buyer for such review;

(4) a complete and accurate statement of the buyer's right to dispute the completeness or accuracy of any item contained in any file on the buyer maintained by a consumer reporting agency;

(5) a complete and detailed description of the services to be performed by the credit services organization and the total cost to the buyer for such services;

(6) a statement asserting the buyer's right to proceed against the surety bond or trust account required under section sixty-eight B; and

(7) the name and business address of any such surety company and of the depository of the trust account, together with the name of the trustee and the number of the account.

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Mass. Gen. Laws ch.93 § 68D. Contract between buyer and credit services organization; requirements. Each contract or other form of agreement between a buyer and a credit services organization for the purchase of the services of such organization shall be in writing, dated, signed by the parties, and include the following:

(a) a conspicuous statement in a minimum size of ten point bold face type, in immediate proximity to the space reserved for the buyer's signature, which reads: You, the buyer, have the right to cancel this contract or agreement at any time prior to midnight of the third business day following the date thereon.

(b) a form, in duplicate and captioned “NOTICE OF CANCELLATION”, attached to the contract or agreement and containing, in a minimum size of ten point bold face type, the following:

NOTICE OF CANCELLATION.
You have the right to cancel this contract, or agreement, without any penalty or obligation until midnight of the third business day following the date on which such contract or agreement was signed.
If you cancel, any payment made by you will be returned within ten days following receipt of your cancellation notice.
To cancel this contract or agreement, mail or deliver a signed and dated copy of this notice of cancellation, or other similar written notice to (credit services organization) at (business address).

(date)
(buyer's signature)

(c) the terms and conditions of payment, including the total of all payments to be made by the buyer, whether to the credit services organization or to some other person;

(d) a full and detailed description of the services to be performed by the credit services organization for the buyer, including all guarantees and all promises of full or partial refunds, and the estimated date by which the services to be performed will be completed or the estimated length of time for the completion of such performance; and

(e) the principal business address of the credit services organization and the name and address of its agent in the commonwealth authorized to accept service of process.

The credit services organization shall maintain on file for a period of two years an exact copy of such statement, personally signed by the buyer acknowledging receipt of a copy of the same.

The credit services organization shall provide the buyer with a copy of the total contract or agreement, together with copies of all other documents which the credit services organization requires the buyer to sign at the time they are signed.

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Mass. Gen. Laws ch.93 § 68E. Violations. Any violation of sections sixty-eight B to sixty-eight D, inclusive, shall constitute a violation of chapter ninety-three A.

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Mass. Gen. Laws ch.93 § 69. Definitions; requirements. (a) As used in this section the term “multi-level distribution company” shall mean any person, firm, corporation or other business entity which distributes for a valuable consideration, goods or services through independent agents, contractors or distributors, at different levels, wherein participants in the marketing program may recruit other participants, and wherein commissions, cross-commissions, bonuses, refunds, discounts, dividends or other considerations in the marketing program are or may be paid as a result of the sale of such goods and services or the recruitment, actions or performances of additional participants.

(b) Every multi-level distribution company shall provide in its contract of participation that such contract may be cancelled for any reason at any time by a participant upon notification in writing to the company of his election to cancel. If the participant has purchased products while the contract of participation was in effect, all unencumbered products in a resaleable condition then in the possession of the participant shall be repurchased. The repurchase shall be at a price of not less than ninety per cent of the original net cost to the participant returning such goods, taking into account any sales made by or through such participant prior to notification to the company of the election to cancel.

(c) No multi-level distribution company, nor any participant, shall require participants in its marketing program to purchase products or services or pay any other consideration in order to participate in the marketing program unless such products or services are in reasonable quantities and unless it agrees: (1) to repurchase all or part of any products which are unencumbered and in a resaleable condition at a price of not less than ninety per cent of the original net cost to the participant; (2) to repay not less than ninety per cent of the original net cost of any services purchased by the participant; or (3) to refund not less than ninety per cent of any other consideration paid by the participant in order to participate in the marketing program.

(d) No multi-level distribution company or participant in its marketing program shall: (1) operate or, directly or indirectly, participate in the operation of any multi-level marketing program wherein the financial gains to the participants are primarily dependent upon the continued, successive recruitment of other participants and where retail sales are not required as a condition precedent to realization of such financial gains; (2) offer to pay, pay or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend or other consideration to any participants in a multi-level marketing program solely for the solicitation or recruitment of other participants therein; (3) offer to pay, pay or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend or other consideration to any participants in a multi-level marketing program in connection with the sale of any product or service unless such participant performs a bona fide and essential supervisory, distributive, selling or soliciting function in the sale or delivery of such product or services to the ultimate consumer; or (4) offer to pay, pay or authorize the payment of any finder's fee, bonus, refund, override, commission, cross-commission, dividend or other consideration to any participant where payment thereof is or would be dependent on the element of chance dominating over the skill or judgment of such participant, or where no amount of judgment or skill exercised by the participant has any appreciable effect upon any finder's fee, bonus, refund, override, commission, cross-commission, dividend or other consideration which the participant may receive, or where the participant is without that degree of control over the operation of such plan as to enable him substantially to affect the amount of finder's fee, bonus, refund, override, commission, cross-commission, dividend or other consideration which he may receive or be entitled to receive.

(e) Multi-level distribution companies shall not represent, directly or indirectly, that participants in a multi-level marketing program will earn or receive any stated gross or net amount, or represent in any manner, the past earnings of participants; provided, however, that a written or verbal description of the manner in which the marketing plan operates shall not, standing alone, constitute a representation of earnings, past or future. Multi-level distribution companies shall not represent, directly or indirectly, that additional distributors or sales personnel are easy to secure or retain, or that all or substantially all participants will succeed.

(f) Each multi-level distribution company numbering among its participants any resident of the commonwealth shall annually file with the attorney general a statement giving notice of this fact and designating the state secretary its agent for service of process for any alleged violation of this section.

(g) Any violation of the provisions of this section shall constitute an unlawful method, act or practice within the meaning of clause (a) of section two of chapter ninety-three A.

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Mass. Gen. Laws ch.93 § 70. Certification of title to mortgaged premises; liability of attorney; unfair practice. In connection with the granting of any loan or credit to be secured by a purchase money first mortgage on real estate improved with a dwelling designed to be occupied by not more than four families and occupied or to be occupied in whole or in part by the mortgagor, an attorney acting for or on behalf of the mortgagee shall render a certification of title to the mortgaged premises to the mortgagor and to the mortgagee.

For the purposes of this section, said certification shall include a title examination which covers a period of at least fifty years with the earliest instrument being a warranty or quitclaim deed which on its face does not suggest a defect in said title; provided, however, that in the case of registered land, it shall be sufficient to start the said examination with the present owner's certificate of title issued by the land court, except that bankruptcy indices and federal and state liens shall be examined. The term record title, as used herein, shall mean the records of the registry of deeds or registry district in which the mortgaged premises lie and relevant records of registries of probate.

The certification shall include a statement that at the time of recording the said mortgage, the mortgagor holds good and sufficient record title to the mortgaged premises free from all encumbrances, and shall enumerate exceptions thereto. The certification shall further include a statement that the mortgagee holds a good and sufficient record first mortgage to the property, subject only to the matters excepted by said certification.

The liability of any attorney rendering such certification shall be limited to the amount of the consideration shown on the deed with respect to the mortgagor, and shall be limited to the original principal amount secured by the mortgage with respect to the mortgagee. Said certification shall be effective for the benefit of the mortgagor so long as said mortgagor has title to the mortgaged premises, and shall be effective for the benefit of the mortgagee so long as the original debt secured by the mortgage remains unpaid.

Willful failure by an attorney to render a certification to the mortgagor as required by the provisions of this section shall constitute an unfair or deceptive act or practice under the provisions of chapter ninety-three A.

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Mass. Gen. Laws ch.93 § 71. Definitions. As used in sections seventy-two to seventy-five, inclusive, the following words shall have the following meanings:--

“Audiologist”, a person who is duly licensed as an audiologist in the commonwealth according to the requirements set forth in chapter one hundred and twelve.

“Audiological evaluation”, a written statement from an audiologist, prepared in triplicate, based on testing conducted by such audiologist that includes the following information: the ear or ears to be fitted and the date of the testing.

“Hearing aid”, an electronic instrument or device worn on the human body for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories, but excluding batteries, cords and earmolds; provided, that equipment devices and attachments offered by a public utility company and used in conjunction with its services shall not be included within this definition.

“Person”, an individual, partnership, association, organization or corporation.

“Physician”, a person licensed in the commonwealth in accordance with the provisions of section two of chapter one hundred and twelve.

“Otolaryngologist”, a physician licensed in the commonwealth who specializes in medical problems of the ear, nose and throat, and who is eligible for qualification by the American Board of Otolaryngology as an otolaryngologist.

“Sell” or “sale”, a transfer of title to a hearing aid or transfer of the right to possession of a hearing aid by sales contract, lease, bailment, loan or any other means, excluding wholesale transactions of dealers and distributors.

“Medical clearance”, a written statement, from a physician or otolaryngolgist, prepared in triplicate, based on a medical examination by such physician or otolaryngologist, that concludes that the prospective purchaser has been examined, that the physician or otolaryngologist has determined that the prospective purchaser is a candidate for a hearing aid and that there are no medical conditions to contraindicate the use of a hearing aid. Such statement shall include the date of the medical clearance, and whether or not the person, at the time of the medical examination, owns or uses a hearing aid for the designated ear.

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Mass. Gen. Laws ch.93 § 72. Purchases and sales of hearing aids; pre-requisites. No person shall enter into a contract for the sale of or sell a hearing aid unless within the preceding six months the prospective purchaser has obtained a medical clearance.

No person shall enter into a contract for the sale of or sell a hearing aid to a person under eighteen years of age unless within the preceding six months the prospective purchaser has obtained an audiological evaluation.

No person except a person eighteen years of age or older whose religious or personal beliefs preclude consultation with a physician may waive the requirement of a medical clearance.

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Mass. Gen. Laws ch.93 § 73.
Conflict of interest; disclosure; inducement to influence recommendation of purchase.
No physician or otolaryngologist shall sell hearing aids or have a direct or indirect membership, employment, co-ownership, or proprietary interest in or with a business which sells hearing aids to, a person to whom such physician or otolaryngologist has provided services pursuant to section seventy-two; provided, however, that this restriction shall not apply to a nonprofit or charitable organization, clinic, hospital or health care facility.

An audiologist who sells a hearing aid to a person to whom such audiologist had provided services pursuant to section seventy-two shall disclose to the prospective purchaser before the sale of the hearing aid the fees for the services provided pursuant to section seventy-two and the terms of the prospective sale of the hearing aid, including a written estimate of the total purchase price, including, but not limited to, the cost of the hearing aid, the earmold, any batteries or other accessories, and any service costs, and shall inform the prospective purchaser of his right to obtain a hearing aid from a different source.

No person directly or indirectly shall give or offer to give or permit or cause to be given money or anything of value to a physician, otolaryngologist or audiologist as an inducement to influence the recommendation of the purchase of a hearing aid.

Nothing in this section shall prevent a physician, otolaryngologist or audiologist from suggesting a specific make and model of a hearing aid.

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Mass. Gen. Laws ch.93 § 74.
Sales and delivery receipts; copies of medical clearance and hearing evaluation; customer records.
Every person who sells a hearing aid shall accompany such sale with a receipt that shall include: the name, address and signature of the purchaser; the date of consummation of the sale; the name and address of the regular place of business and the signature of the seller; the make, model, serial number and purchase price of the hearing aid; a statement whether the hearing aid is new, used or reconditioned; the terms of the sale, including an itemization of the total purchase price, including but not limited to the cost of the hearing aid, the earmold, any batteries or other accessories, and any service costs; a clear and precise statement of any guarantee or trial period; and shall also include the following printed statement in ten point type or larger: “This hearing aid will not restore normal hearing nor will it prevent further hearing loss. The sale of a hearing aid is restricted to those individuals who have obtained a medical evaluation from a licensed physician or otolaryngologist. A fully informed adult whose religious or personal beliefs preclude consultation with a physician may waive the requirement of a medical evaluation. The exercise of such a waiver is not in your best health interest and its use is strongly discouraged. It is also required that a person under the age of eighteen years obtain an evaluation by an audiologist in addition to the medical evaluation before a hearing aid can be sold to such person.”

A copy of the medical clearance statement and audiological evaluation, where required, for the hearing aid shall be attached to the receipt.

Upon the date that the purchaser receives the hearing aid, the seller shall provide a delivery receipt signed by the seller and the purchaser which states the date of delivery to the purchaser of the hearing aid.

The seller shall keep records for every customer to whom he renders services or sells a hearing aid including a copy of such receipt, a copy of the medical clearance and the audiological evaluation, a copy of the delivery receipt, a record of services provided, and any correspondence to or from the customer. Such records shall be preserved for at least four years after the date of the last transaction.

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Mass. Gen. Laws ch.93 § 75. Violations; effect, rules. Violations of the provisions of sections seventy-two to seventy-four, inclusive, in the course of a sale of a hearing aid shall void such sale.

Violations of any of the provisions of sections seventy-two to seventy-four, inclusive, shall constitute an unfair and deceptive trade practice under the provisions of chapter ninety-three A. Such violations may be reported to the office of the attorney general or the director of consumer affairs and business regulation. The office of the attorney general may make such rules and regulations as are necessary to carry out the purposes of sections seventy-one to seventy-five, inclusive.

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Mass. Gen. Laws ch.93 § 76.
Sale of life leases and long-term leases in nursing homes, retirement homes and homes for aged.
(a) The following terms, as used in this section, shall have the following meanings:

“Continuing care”, the furnishing to an individual, other than an individual related by consanguinity or affinity to the person furnishing such care, of board and lodging together with nursing services, medical services or other health related services, regardless of whether or not the lodging and services are provided at the same location, pursuant to a contract effective for the life of the individual or for a period in excess of one year.

“Entrance fee”, an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made as full or partial consideration for acceptance of a specified individual as a resident in a facility. No part of any fee payable on a periodic basis for board, lodging, medical or other health related services rendered by the provider to a resident shall be considered as constituting an entrance fee. No application charge or other sum payable in addition to such periodic fees, which does not exceed four times such periodic fees, shall be considered as constituting an entrance fee.

“Facility”, the place or places in which a person undertakes to provide continuing care to an individual.

“Living unit”, a room, apartment, cottage or other area within a facility set aside for the exclusive use or control of one or more identified individuals.

“Long term care services”, a combination of nursing home care, in-home nursing care, assisted living services, independent living services, home health care, personal care, homemaking, case management or comparable services designed to enable a functionally impaired resident to maintain himself and his living unit, as safely and comfortably as is reasonably possible in a continuing care setting as defined herein. For the purposes of this chapter, the term “long term care services” shall also be construed to include necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, or custodial care.

“Provider”, a person undertaking to provide continuing care in a facility that charges an entrance fee.

“Resident”, an individual entitled to receive continuing care in a facility.

“Residents association”, an organization formed by the residents of a facility to represent the residents’ interests before providers and to promote and provide for the general welfare of residents.

(b) At the time of or prior to the execution of a contract to provide continuing care, or at the time of or prior to the transfer of any money or other property to a provider by or on behalf of a prospective resident, whichever shall first occur, the provider shall deliver a disclosure statement to the person with whom the contract is to be entered into, the text of which shall contain, to the extent not clearly and completely set forth in the contract for continuing care attached as an exhibit thereto, at least the following information:

(1) The name and business address of the provider and a statement of whether the provider is a partnership, corporation, or other type of legal entity.

(2) The names of the officers, directors, trustees, or managing or general partners of the provider and a description of each such person's occupation with the provider.

(3) A description of the business experience of the provider in the operation or management of similar facilities and of the manager of the facility if the facility will be managed on a day-to-day basis by an organization other than the provider.

(4) A statement as to whether or not the provider is, or is affiliated with, a religious, charitable or other nonprofit organization; the extent of the affiliation, if any, the extent to which the affiliate organization will be responsible for the financial and contract obligations of the provider, and the provision of the federal Internal Revenue Code, if any, under which the provider or affiliate is exempt from the payment of income tax.

(5) The location and description of the physical property or properties of the facility, existing or proposed; and to the extent proposed, the estimated completion date or dates, whether or not construction has begun and the contingencies subject to which construction may be deferred.

(6) Certified financial statements of the provider, including (a) a balance sheet as of the end of the most recent fiscal year and
(b) income statements for the three most recent fiscal years of the provider or such shorter period of time as the provider shall have been in existence. If the provider's fiscal year ended more than ninety days prior to the date the application is filed, interim financial statements as of a date not more than ninety days prior to such filing shall be included, but need not be certified.

(7) If the operation of the facility has not yet commenced, a statement of the anticipated source and application of the funds used or to be used in the purchase or construction of the facility, including: (i) an estimate of the cost of purchasing or constructing and equipping the facility including such related costs as financing expense, legal expense, land costs, occupancy development costs, and all other similar costs which the provider expects to incur or become obligated for prior to the commencement of operations, (ii) a description of any mortgage loan or other long-term financing intended to be used for the financing of the facility, including the anticipated terms and costs of such financing, (iii) an estimate of the total entrance fees to be received from residents at or prior to commencement of operation of the facility, (iv) an estimate of the funds, if any, which are anticipated to be necessary to fund start-up losses and provide reserve funds to assure full performance of the obligations of the provider under contracts for the provision of continuing care, (v) a projection of estimated income from fees and charges other than entrance fees, showing individual rates presently anticipated to be charged and including a description of the assumptions used for calculating the estimated occupancy rate of the facility and the effect on the income of the facility of government subsidies for health care services, if any, to be provided pursuant to the contracts for continuing care, and (vi) such other material information concerning the facility or the provider as the provider wishes to include.

(c) All contracts for continuing care used by a provider shall provide that:

(1) The party contracting with the provider may rescind the contract at any time prior to occupying a living unit in the facility, in which event the party shall, within a reasonable period, receive a refund of all money or property transferred to the provider, less (a) those costs specifically incurred by the provider or facility at the request of the party and described in the contract or an addendum thereto signed by the party; and (b) a reasonable service charge, if set out in the contract, not to exceed one per cent of the entrance fee. If the unit is available for occupancy on the occupancy date agreed upon in the contract, and the party has failed to occupy said unit, the party shall be deemed to have rescinded the contract, unless the party and the provider agree in writing to extend the occupancy date.

(2) If the unit is not available for occupancy on the date agreed upon in the contract, and the party has not rescinded the contract, the contract shall be automatically canceled, unless the party and the provider agree in writing to extend the occupancy date. If the contract is automatically canceled the party shall, within a reasonable period, receive a refund of all money or property transferred to the provider plus a reasonable inconvenience fee, if set out in the contract, not to exceed one per cent of the amount of the entrance fee.

(3) If a resident dies before occupying a living unit in the facility, the contract is automatically canceled and the legal representative of the resident shall receive a refund of all money or property transferred to the provider, less (a) those costs specifically incurred by the provider or facility at the request of the resident and described in the contract or an addendum thereto signed by the resident; and (b) a reasonable service charge, if set out in the contract, not to exceed one per cent of the entrance fee.

(4) The entrance fee minus no more than one per cent for each month of occupancy shall be refunded to the resident when the resident leaves the facility or dies.

(5) The services provided or proposed to be provided under contracts for continuing care at the facility, including the extent to which medical care is furnished, and specifying those services which are included in the basic contract and those made available at or by the facility at extra charge.

(6) A description of all fees required of residents, including the entrance fee and periodic charges, if any. The description shall include: (i) a statement of the fees that will be charged if the resident marries while at the facility, and a statement of the terms concerning the entry of a spouse to the facility and the consequences if the spouse does not meet the requirement for entry, (ii) the circumstances under which the resident will be permitted to remain in the facility in the event of possible financial difficulties of a resident, (iii) the conditions under which a living unit occupied by a resident may be made available by the facility to a different or new resident other than on the death of the original resident and (iv) the manner by which the provider may adjust periodic charges or other recurring fees and the limitations on such adjustments, if any. If the facility is already in operation, or if the provider or manager operates one or more similar facilities within the commonwealth, there shall be included tables showing the frequency and average dollar amount of each increase in periodic rates at each such facility for the previous five years or such shorter period as the facility may have been operated by the provider or manager.

(7) The health and financial conditions required for an individual to be accepted as a resident and to continue as a resident once accepted, including the effect of any change in the health or financial condition of a person between the date of entering a contract for continuing care and the date of initial occupancy of a living unit by that person.

(8) The provisions that have been made or will be made, if any, to provide reserve funding or security to enable the provider to fully perform its obligations under contracts to provide continuing care at the facility, including the establishment of escrow accounts, trusts or reserve funds, together with the manner in which such funds will be invested and the names and experience of persons who will make the investment decisions.
Any contract drawn in violation of this section may be rescinded by the resident and the resident shall be entitled to a full refund of the entrance fee.

(d) For the purpose of this subsection, “marketing” shall include but not be limited to establishment of a waiting list, acceptance of money, property or other consideration or distribution of marketing brochures by the provider. Any provider intending to market or develop continuing care pursuant to a contract which would require prepayment for some or all of the covered long-term care services or intending to market or develop additional units of such continuing care shall forward a copy of the following information to the executive office of elder affairs within thirty days following the implementation of marketing of the continuing care facility:

(1) the disclosure statement required under subsection (b) to be delivered to the persons with whom the contract for continuing care is to be entered;

(2) the contracts for continuing care to be entered into by the provider under subsection (c) with a person who will occupy a living unit in a continuing care facility; and

(3) any available advertising or promotional material to be used in conjunction with such marketing effort.
A provider shall forward a copy of any changes in the information required to be provided within thirty days after the provider's utilization of such changed materials with prospective residents or residents of the continuing care facility. A provider intending to market or develop additional units of continuing care who has filed such information with the executive office of elder affairs pursuant to a previous marketing effort on the same units shall not be required to refile unless there has been a change in the information submitted. Said executive office of elder affairs shall make such information available to the public in a manner which shall allow residents and prospective residents to make informed choices regarding the selection of a provider, packages of services and coverage and care alternatives.

Such provider shall forward a copy of the building permit for such continuing care facility to said executive office of elder affairs within thirty days after its issuance by the city or town wherein such facility shall be located.

(e) A provider providing continuing care on the effective date of this statute under a contract which would require prepayment for some or all of the covered long-term care services shall, within thirty days after such effective date, forward a copy of the following information to the executive office of elder affairs:

(1) the disclosure statement required under subsection (b) to be delivered to the persons with whom the contract for continuing care shall be entered;

(2) the contract for continuing care to be entered into by the provider under subsection (c) with a person who will occupy a living unit in any such continuing care facility;

(3) any available advertising or promotional material to be used in conjunction with such marketing effort; and

(4) a copy of the building permit for such continuing care facility.

Any such provider shall forward a copy of any changes in the information required to be provided within thirty days after the provider's utilization of such materials with prospective residents or residents of the continuing care facility. A provider intending to market or develop additional units of continuing care who has filed such information with said executive office of elder affairs pursuant to a previous marketing effort on the same units shall not be required to refile unless there has been a change in the information submitted. Said executive office of elder affairs shall make such information available to the public in a manner which shall allow residents and prospective residents to make informed choices regarding the selection of a provider, packages of services and coverage and care alternatives.

Notwithstanding the remedy set forth in subsection (c), violation of the provisions of this section by a facility shall constitute an unfair and deceptive trade practice under the provisions of chapter ninety-three A.

(f) Residents may:

(1) establish a residents association and elect the officers of the residents association;

(2) receive, upon request, a current copy of the facility's disclosure statement as described in subsection (b), and providers shall, upon request, make a reasonable effort to explain the terms and information contained within the disclosure document; provided, however, that nothing in this paragraph shall be construed to modify the contractual rights of residents or providers and providers may make reasonable provisions for the form and manner in which such requests shall be submitted;

(3) submit comments to providers on matters that may affect the health and welfare of residents and affecting the future of the facility, including but not limited to, the facility's size and ownership and the provider's financial health; provided, that providers may make reasonable provisions for the form and manner in which such comments shall be submitted; and provided further, that, to the maximum extent feasible, providers shall seek comment from residents when designing or adopting policies that significantly affect the future of the facility;

(4) receive, upon request, information regarding any major construction, modification, expansion or renovation of the facility, including information on cost estimates, funding, financing, projected income, schedule and impacts on the existing facility; provided, that providers may make reasonable provisions for the form and manner in which such requests shall be submitted; and

(5) receive, upon request, information regarding the purpose and intended funding of all financial reserves kept by the provider; provided, that providers may make reasonable provisions for the form and manner in which such requests may be submitted.

(g) Providers shall, to the maximum extent practicable:

(1) offer a reasonable explanation of any adjustments in monthly fees and other major fees paid by residents;

(2) inform residents of matters that may affect the health and welfare of residents and affecting the future of the facility, including but not limited to, the facility's size and ownership and the provider's financial health; provided, that on such matters, providers shall facilitate communications between residents and management and between residents and boards or owners, which may include residents' representation on the provider's managing body, but need not depend solely on board representation; and

(3) make use of applicable standards and practices to maintain and project each facility's operational and financial viability, and, upon request, give that information regarding such standards and practices used by providers to the residents; provided, that providers may make reasonable provisions for the form and manner in which such requests shall be submitted.

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Mass. Gen. Laws ch.93 § 78. Definitions.For purposes of sections 78A to 88, inclusive, the following words and terms shall have the following meanings:--

“Buyer”, any person who enters into a contract for health club services with a health club.

“Contract for health club services”, a contract which has the primary purpose of providing a person with the right to use the facilities of a health club or with instruction, training, or assistance by a health club in the preservation, maintenance, encouragement or development of physical fitness, conditioning or well-being, including physical culture, bodybuilding, exercising, weight control, figure development or the teaching of martial arts including judo, karate and self-defense, or any similar course of physical fitness training or assistance.

“Health club”, each facility or location or group or chain of facilities or locations, in which any person, firm, corporation, partnership, unincorporated association, franchise or other business enterprise offers facilities for or instruction, training or assistance in the preservation, maintenance, encouragement or development of physical fitness, conditioning or well being. Such term shall include, but not be limited to, health spas, sports, tennis, racquet ball, platform tennis and health clubs, figure salons, health studios, gymnasiums, weight control centers or studios, martial arts and self-defense schools, or any other similar course of physical training.

“Seller”, any person, firm, corporation, partnership, unincorporated association, franchise, franchisor, or other business enterprise which operates a health club or which offers or enters into contracts for health club services.

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Mass. Gen. Laws ch.93 § 78A.
Health clubs to have AED and EAD provider on premises.
A health club shall have on the premises at least 1 AED, as defined in section 12V ½ of chapter 112, and shall have in attendance during staffed business hours at least 1 employee or authorized volunteer as an AED provider, as defined in said section 12V ½ of said chapter 112.

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Mass. Gen. Laws ch.93 § 79.
Bonding provisions.
Prior to the execution of any contract for health club services and for a period of five years after initially commencing operation of a health club, every seller which sells contracts for health club services, except weight loss and control services which do not provide physical exercise facilities and classes, and which do not obligate the customer for more than thirty days, and which do not require an initiation fee as a condition of said contract, shall, for each individual health club location or facility, maintain a bond issued by a surety company admitted to do business in the commonwealth. The principal sum of the bond shall be either twenty-five thousand dollars, for each health club location or facility that sells contracts for terms not greater than twenty-four months, or one hundred thousand dollars for each health club location or facility that sells contracts for terms greater than twenty-four months but not greater than thirty-six months, and evidence of such bond shall be filed with the secretary of state within thirty days of its procurement. The bond shall be in favor of the commonwealth for the benefit of any buyer or class of buyers who suffers any loss or damage because a health club facility ceases operation, fails to open or fails to honor a buyer's right to cancel a contract for health club services pursuant to section eighty-two, and who obtains a judgment for said loss or damage which is not satisfied within thirty days of its entry. Said bond shall provide for the surety to pay the amount of such unsatisfied judgment either directly to said buyer or class of buyers or, if the attorney general obtains said judgment on behalf of said buyer or buyers and so directs, then to the attorney general for distribution to said buyers.

The liability of the surety on the bond shall be limited to indemnifying the claimant only for his actual damages. The aggregate liability of the surety to all persons for all breaches of the conditions of the bonds provided for herein shall in no event exceed the amount of the bond.

A change in ownership of a health club or location shall not release, cancel or terminate liability under any bond filed for such health club or location under this section as to any buyer who purchases a health club contract while such bond is in effect, unless the transferee, purchaser, successor or assign of such health club or location obtains a bond under this section for the benefit of such buyer. The fact that any health club is in bankruptcy proceedings, or that its debts have been discharged in bankruptcy, shall not be a bar or defense to a surety's obligation under any such bond.

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Mass. Gen. Laws ch.93 § 80. Contract terms.No contract for health club services shall be for a term measured by the life of the buyer. No contract for health club services shall be for a term longer than thirty-six months, except that upon expiration of the contract, the seller may offer to the buyer the right to renew his contract for a similar, shorter or longer period not to exceed thirty-six months.

No contract for health club services shall require payments or financing by the buyer over a period that extends more than one month beyond the expiration of the contract. The installment payments shall be in substantially equal amounts exclusive of the down payment and shall be required to be made at substantially equal intervals, not more frequently than one payment per month.

No contract for health club services may contain any provisions whereby the buyer agrees not to assert against the seller or any assignee or transferee of the health club services contract any claim or defense arising out of the health club services contract or the buyer's activities at the health club. No contract for services may require the buyer to execute a promissory note or series of promissory notes which, when negotiated, cuts off as to third parties a defense which the buyer may have against the seller. No contract may be assigned by one health club to another health club without written consent of the buyer.

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Mass. Gen. Laws ch.93 § 81. Cancellation of contract; notice; refund. Every contract for health club services shall provide clearly and conspicuously in writing that such contract may be cancelled within three business days after the date of receipt by the buyer of a copy of the written contract or written receipt indicating the buyer's payment for health club services. The contract for health club services shall contain the following written notice in at least ten point bold type:

“CONSUMER'S RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY CAUSING A WRITTEN NOTICE OF YOUR CANCELLATION TO BE DELIVERED IN PERSON OR POSTMARKED BY CERTIFIED OR REGISTERED UNITED STATES MAIL WITHIN THREE (3) BUSINESS DAYS OF THE DATE OF THIS CONTRACT OR THE DATE OF YOUR RECEIPT TO THE ADDRESS SPECIFIED IN THIS CONTRACT.”

Notice of the buyer's right to cancel and the method of cancellation under this section shall also be posted clearly and conspicuously on the premises of the health club.

The notice of the buyer's cancellation of his contract shall be in writing and delivered in person or by certified or registered United States mail at the address specified in the contract. Such notice shall be accompanied by the contract forms, membership cards and any other documents or evidence of membership previously delivered to the buyer. All monies paid pursuant to such contract shall be refunded within fifteen business days of receipt of such notice of cancellation. If the buyer has executed any credit or loan agreement to pay for all or part of the health club services, any such negotiable instrument shall be void upon cancellation under this section and shall also be returned to the buyer within said fifteen days.

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Mass. Gen. Laws ch.93 § 82.
Cancellation after buyer's death or disablement; other reasons for cancellation; notice; refund.
Every contract for health club services shall provide clearly and conspicuously in writing that after the expiration of the three day period for cancellation as provided in section eighty-one, in the event of the buyer's death, the buyer's estate may cancel the contract for health club services. The contract shall also provide that the buyer may cancel if he becomes significantly physically or medically disabled for a period in excess of three months, or if the health club services or facilities are not available to the buyer because the seller fails to open a planned health club or location, permanently discontinues operation of the health club or location, or substantially changes the operation of the health club or location. The contract shall also provide that the buyer may also cancel if he moves his residence to a location more than twenty-five miles from a health club operated by the seller or a substantially similar health club which will accept the seller's obligation under the contract. Nothing contained herein shall restrict or prohibit the seller from offering or providing in such contract additional or broader reasons for cancellation.

The seller may require reasonable evidence of the reason for cancellation by the buyer pursuant to this section. The contract for health club services shall contain the following notice captioned in at least ten point bold type:

“ADDITIONAL RIGHTS TO CANCELLATION
You or your estate may also cancel this contract for any of the following reasons: if upon a doctor's order, you cannot physically or medically receive the services because of significant physical or medical disability for a period in excess of three months; in case of your death; If the health club services to be provided under this contract are not available because the seller fails to open a planned health club or location, permanently discontinues operation of a health club or location, or substantially changes the operation of a health club or location.

If you move either your residence or your place of employment more than twenty-five miles from any health club operated by the seller or a substantially similar health club which will accept the seller's obligation under the contract.”

All monies paid by the buyer pursuant to a contract for health club services which has been cancelled for one of the reasons contained in this section shall be refunded to the buyer or his estate within fifteen days of the seller's receipt of such notice of cancellation; provided, however, that the seller may retain the portion of the total contract price representing the amount of time that the services or facilities were used by the buyer prior to cancellation; and provided, further, that the seller may demand the reasonable cost of goods and services which the buyer has consumed or wishes to retain after cancellation of the contract. In no instance shall the seller demand more than the full contract price from the buyer. If the buyer has executed any credit or loan agreement to pay for all or part of the price of the contract for health club services, any such negotiable instrument executed by the buyer shall also be returned and terminated within fifteen days. The buyer shall no longer be liable for any obligation under such credit or loan agreement.

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Mass. Gen. Laws ch.93 § 83. Assignee of contracts; creditors; notice of assignment. No assignee or creditor who takes a note or other obligation as consideration for a contract for health club services shall fail to honor the consumer's right of cancellation as provided in section eighty-one or eighty-two. No assignee of a contract shall fail to give notice of the assignment to the consumer. A notice of assignment shall be in writing addressed to the consumer at the address shown on the contract and shall identify the contract.

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Mass. Gen. Laws ch.93 § 84.
Unfair and deceptive trade practices.
It is hereby declared to be an unfair and deceptive trade practice in violation of chapter ninety-three A for a seller, or his agents, employees or other representatives to:

(1) misrepresent directly or indirectly, including in its advertising, promotional materials, or in any other manner, the size, location, available facilities, or equipment of its health club or health clubs, or the location or locations at which its services, facilities or equipment will be offered;

(2) misrepresent directly or indirectly, including in its advertising, promotional materials, or in any other manner, the nature of its courses, membership programs, training devices or methods, services, pricing structure, price discounts, sales or offers;

(3) misrepresent, directly or indirectly, including in its advertising, promotional material, or in any other manner, the number, qualifications, title, status, training or experience of its personnel, agents, employees or other representatives, whether by means of endorsements or otherwise;

(4) use or refer, directly or indirectly, including in its advertising, promotional material, or in any other manner, to fictional organizational divisions or personnel position titles, or make any representation which has the tendency or capacity to mislead or deceive consumers as to the size or importance of the health club, its franchisor, parent, subsidiary or affiliated business, its divisions, or its personnel, or in any other material respect;

(5) fail to clearly and conspicuously post on its health club premises all of its courses and membership prices, discounts, sales or offers;

(6) misrepresent, directly or indirectly, including in its advertising, promotional material, or in any other manner, the nature, extent or availability of any services, guidance, instruction, counseling, assistance, or other attention which the health club will provide to buyers;

(7) misrepresent, directly or indirectly, including in its advertising, promotional material, or in any other manner, or fail to disclose the buyer's rights to cancel under sections eighty-one to eighty-three, inclusive; or

(8) violate or fail to comply with any other provision of sections seventy-eight to eighty-eight, inclusive.

This section shall not be construed to prevent other acts or practices of a seller from being declared to be in violation of said chapter ninety-three A.

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Mass. Gen. Laws ch.93 § 85.
Void and unenforceable contracts.
Any contract for health club services which does not comply with the applicable provisions of this chapter shall be void and unenforceable as contrary to public policy. Any waiver by the buyer of the provisions of this chapter shall be deemed void and unenforceable by the seller as contrary to public policy.

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Mass. Gen. Laws ch.93 § 86.
Actions for damages or other relief; actions involving use or non-use of defibrilator.
Any buyer who has suffered any injury as a result of a violation of sections seventy-eight to eighty-eight, inclusive, or the attorney general, may bring an action for recovery of damages or other relief, including injunctive relief, multiple damages and attorney's fees, as and to the extent provided for under chapter ninety-three A. Nothing in sections seventy-eight to eighty-eight, inclusive, shall be construed so as to nullify or impair any right or rights which a buyer may have against a seller at common law, by statute, or otherwise. The provisions of said sections seventy-eight to eighty-eight, inclusive, are not exclusive and do not relieve the seller or his assignees or the contracts subject to said sections from compliance with all other applicable provisions of law.

Absent a showing of gross negligence or willful or wanton misconduct, no cause of action against a health club or its employees may arise in connection with the use or non-use of a defibrillator.

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Mass. Gen. Laws ch.93 § 87.
Civil penalty.
Any seller or his assignees who violates any provision of sections seventy-eight to eighty-eight, inclusive, or who shall counsel, aid or abet such violation shall be liable for a civil penalty of not more than twenty-five hundred dollars for each such violation. The attorney general may file a civil action in the superior or district court in the name of the commonwealth to recover such penalties.

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Mass. Gen. Laws ch.93 § 88. Enforcement of bonding provisions by attorney general.In addition to other remedies provided herein, the attorney general may bring an action on behalf of the commonwealth to enforce the bonding provisions of section seventy-nine.

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Mass. Gen. Laws ch.93 § 89. Dressing room surveillance; penalty.No person who owns or operates a retail establishment selling clothing shall maintain in a dressing room a two-way mirror or electronic video camera or a similar device capable of filming or projecting an image of a person inside such dressing room. Whoever violates the provisions of this section shall be punished by a fine of one hundred dollars.

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Mass. Gen. Laws ch.93 § 90. Definitions.For the purposes of sections ninety to ninety-three, inclusive, the following words shall, unless the context requires otherwise, have the following meanings:--

“Consumer lease”, a contract in the form of a lease or bailment for the use of personal property by a natural person for a period of time of four months or less, and for a total contractual obligation not exceeding twenty-five thousand dollars, primarily for personal, family, or household purposes, whether or not the lessee has the option to purchase or otherwise become the owner of the property at the expiration of the lease, except that such term shall not include any of the following:

(1) a lease or agreement which constitutes a credit sale as defined in section one of chapter one hundred and forty D;

(2) any lease for agricultural, business, or commercial purposes;

(3) any lease made to the commonwealth or any political subdivisions thereof, including, but not limited to, any agencies, boards, departments or other such instrumentalities of the commonwealth or any political subdivisions thereof;

(4) any lease made to an organization;

(5) a lease or agreement which constitutes a retail installment transaction as defined in section one of chapter two hundred and fifty-five D;

(6) any lease or rental of motor vehicles, as defined in section one of chapter ninety or tools or garden equipment; and

(7) any lease or rental of an item of personal property that is leased or rented for fewer than seven consecutive days, including all renewals and extensions of the lease or rental agreement.

“Lessee”, a natural person who leases or is offered a consumer lease.

“Lessor”, a person who is regularly engaged in leasing, offering to lease, or arranging to lease under a consumer lease.

“Security” and “security interest”, any interest in property which secures payment or performance of an obligation.

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Mass. Gen. Laws ch.93 § 91.
Written statement of information prior to execution of lease.
Each lessor shall give to the lessee prior to the execution of the lease a dated written statement on which the lessor and lessee are identified, setting out accurately and in a clear and conspicuous manner the following information with respect to such lease, as applicable:

(a) a brief description or identification of the leased property, including whether the property is new or used;

(b) the amount of any payment required by the lessee at or before the execution of the lease;

(c) the amount paid or payable by the lessee for fees or taxes;

(d) the amount and description of other charges payable by the lessee and not included in the periodic payments;

(e) a statement of the amount or method of determining the amount of any liabilities the lease imposes upon the lessee at the end of the term of the lease and whether or not the lessee has the option to purchase the leased property and the price at which the leased property may be purchased at the end of the lease, and if an ongoing option to purchase shall exist, the method of determining the purchase price at any point in time;

(f) a statement identifying all express warranties and guarantees made by the manufacturer or lessor with respect to the leased property, and identifying the party responsible for maintaining or servicing the leased property together with a description of the responsibility;

(g) a brief description of insurance provided or paid for by the lessor or required of the lessee, including the types and amounts of the coverages and costs;

(h) a description of any security interest held or to be retained by the lessor in connection with the lease and a clear identification of the property to which the security interest relates;

(i) the number, amount and due dates or periods of payments under the lease and the total amount of such periodic payments; and

(j) a statement of the conditions under which the lessee or lessor may terminate the lease prior to the end of the term, or that no such right to terminate exists, and the amount or method of determining the amount of any penalty or other charge for delinquency, default, late payments, or early termination.

The disclosures required under this section may be made in the lease contract to be signed by the lessee, or may be made in a separate written document which shall be attached to the lease contract. Any of the information required to be disclosed under this section may be given in the form of estimates where the lessor is not in a position to know the exact information.

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Mass. Gen. Laws ch.93 § 92. Advertisement for consumer lease; statement regarding payment. (a) If an advertisement for a consumer lease states the amount of any payment or states that any or no initial payment is required, the advertisement shall also clearly and conspicuously state the following items, as applicable:

(1) that the transaction advertised is a lease;

(2) the total of initial payments required at or before execution of the lease or delivery of the property, whichever is later;

(3) that a security deposit is required, if applicable;

(4) the number, amounts, and timing of scheduled payments;

(5) for a lease in which the liability of the lessee at the end of the lease term is based on the anticipated residual value of the property, that an extra charge may be imposed at the end of the lease term.

(b) If an advertisement for a consumer lease refers to or states the amount of any payment and that the lessee has the right to acquire ownership of any particular item, the advertisement shall further clearly and conspicuously state the following items, as applicable:

(1) the total of payments necessary to acquire ownership if ownership is acquired through the accumulation of periodic payments, or the price at which the leased property may be purchased at the end of the lease, and if an ongoing option to purchase shall exist, the method of determining the purchase price at any point in time if acquired through the exercise of the option to purchase;

(2) that the consumer acquires no ownership rights if the total amount necessary to acquire ownership is not paid or the option to purchase is not exercised by payment of the purchase price.

(c) Any owner or the agents or employees of any owner of any medium in which an advertisement appears or through which it is disseminated shall not be liable under this section.

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Mass. Gen. Laws ch.93 § 93.
Liability of lessor; limits on recovery; offset and counterclaim.
(a) Any lessee who suffers harm due to the lessor's failure to comply with any requirement imposed under section ninety-one or section ninety-two shall be entitled to recover from such lessor:

(1) any actual damage sustained by the lessee as a result of such failure;

(2) twenty-five per cent of the total amount of monthly payments under the lease, except that the liability imposed under this subsection shall not be less than one hundred nor more than one thousand dollars; and

(3) in case of any successful action to enforce the foregoing liability, the costs of such action, together with a reasonable attorney's fee as determined by the court.

(b) Such actions alleging a failure to disclose or otherwise comply with the requirements of section ninety-one or section ninety-two shall be brought within one year of the termination of the lease agreement.

(c) A lessor shall not be held liable in any action brought under this section if he shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid any such error. A bona fide error shall include, but shall not be limited to, clerical, calculation, computer malfunction and programming and printing errors; provided, however, that an error of legal judgment with respect to a person's obligations under section ninety-one or section ninety-two shall not be a bona fide error.

(d) A lessor shall not be deemed liable under subsection (a) of this section for a violation of the provisions of section ninety-one if within sixty days after discovering the error, and before an action is filed in accordance with the provisions of this section or written notice of the error is received from the consumer, the lessor notifies the consumer of the error and makes whatever adjustments in the account necessary to assure that the consumer shall not be required to pay an amount in excess of the amounts actually disclosed. This provision shall apply whether the discovery of the error was made through the lessor's own procedures, or otherwise.

(e) When there is more than one lessee in a consumer lease, there shall be no more than one recovery of damages under said subsection (a) for a violation of section ninety-one or section ninety-two.

(f) The continued or repeated failure to disclose to any person any information required under section ninety-one or section ninety-two to be disclosed in connection with a consumer lease, shall entitle the person to a single recovery under said subsection (a); provided, however, that continued failure to disclose after a recovery has been granted shall give rise to rights to additional recoveries.

(g) A person may not take any action to offset any amount for which a lessor is potentially liable to such person under said subsection (a) against any amount owed by such person, unless the amount of the lessor's liability under sections ninety-one to ninety-three, inclusive, has been determined by judgment of a court of competent jurisdiction in an action in which such person was a party. This subsection does not bar a consumer then in default on the obligation from asserting a violation of section ninety-one or section ninety-three as an original action, or as a defense or counterclaim to an action to collect amounts owed by the consumer brought by a person liable under said section ninety-one or said section ninety-three.

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Mass. Gen. Laws ch.93 § 94. Contract for purchase and sale of propane gas. A contract or agreement between a propane gas dealer and a real property owner for the purchase and sale of propane gas shall not be binding upon or enforceable against a subsequent purchaser of said real property.

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Mass. Gen. Laws ch.93 § 95. Definitions. For purposes of sections ninety-five to one hundred, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise:--

“Listed action”, any (a) claim for personal injuries made against any provider of health care services or subscriber, whether for injuries to the person making the claim or to any other person, or (b) complaint or stated intention to complain of the conduct of any provider of health care services or subscriber to any governmental agency, licensing authority or certifying authority.

“Listing service”, any person, firm, corporation, partnership, unincorporated association, franchise, franchisor or other entity which compiles plaintiff personal injury listings for distribution to subscribers.

“Plaintiff”, any person who has initiated a listed action.

“Plaintiff personal injury listing”, a compilation or index of one or more names of persons who have initiated, or currently are initiating, or who have sought or have attempted to seek a settlement of, a listed action.

“Subscriber”, any person, firm, corporation, partnership, unincorporated association, franchise, franchisor or other entity which directly provides health care services or which is engaged in the organization, administration, management, financing or insuring of the provision of health care services and which purchases, rents, borrows or otherwise obtains information contained in a plaintiff personal injury listing.

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Mass. Gen. Laws ch.93 § 96.
Sale or distribution of plaintiff personal injury listing; required information.
(1) No plaintiff personal injury listing may be sold or otherwise distributed by a listing service unless it includes a clear and accurate statement of the following information as to each matter listed therein:--

(a) the names and addresses of the parties;

(b) the claim of the plaintiff; and

(c) the current status or disposition of the matter so listed including, when applicable, whether the matter has gone to a hearing or trial, whether the trier of fact has found the defendant liable, the amount of the settlement or award to plaintiff, if any, and the terms of the settlement or award.

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Mass. Gen. Laws ch.93 § 97. Disclosure of plaintiff personal injury listing.Every listing service shall disclose in writing to all persons named in a plaintiff personal injury listing the fact of such listing and the information contained therein. Disclosure shall also include the identity of all subscribers to whom the person's listing has been furnished and the following statement:

Your name appears in a listing of persons who have taken action against a doctor, clinic, hospital or other health care provider. You have the right to review the information on the list for accuracy and completeness. If you believe any information contained in this listing is either incorrect or incomplete, you may submit a written statement to the listing service explaining in what way the information is incomplete or inaccurate and correcting the information. You cannot be refused the services of any provider of health care services on the basis of your name appearing on this list.

If the person believes the information disclosed to him by the listing service to be either inaccurate or incomplete, such person may submit a written statement to the listing service which explains in what way the information is incomplete or inaccurate and corrects the information. The listing service shall, within twenty days of receiving the statement, correct or complete the listing service's information and shall promptly notify all subscribers of the correct or complete information; provided, however, that if the listing service believes the statement to be incorrect, it shall investigate and state in writing to the person who submitted the statement its reasons for declining to correct or complete the listing in whole or in part. The listing service shall report in all future listings that the person has submitted such a statement, and shall include as part of the listing a copy of such statement and any response of the listing service.

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Mass. Gen. Laws ch.93 § 98.
Unfair and deceptive acts and practices.
It is hereby declared to be an unfair and deceptive act or practice in violation of chapter ninety-three A for a subscriber, listing service, or nonsubscriber provider of health care services, or any of their agents, employees or other representatives to:--

(a) Retaliate against a person whose name is contained in a plaintiff personal injury listing by refusing to provide, or refusing to continue to provide, or otherwise interfering with the provision of health care services to the named person or to any member of the named person's family, or by any other manner of discrimination against such person in the provision of health services.

(b) Conspire with any subscriber or provider of health care services to retaliate against a person whose name is contained in a plaintiff personal injury listing by refusing to provide, or refusing to continue to provide, or otherwise interfering with the provision of health care services to the named person or to any member of the named person's family or by any other manner of discrimination against such person in the provision of health services.

(c) Retaliate against a person whose name is contained in a plaintiff personal injury listing by refusing to enroll, insure, or allow to participate in any plan for the provision of health care services the named person or any member of the named person's family or by any other manner of discrimination against such person in the provision of health services.

(d) Violate or fail to comply with any other provision of section ninety-six or ninety seven.
This section shall not be construed to prevent other acts or practices of a listing service or subscriber from being declared to be in violation of said chapter ninety-three A or of any other law.

In any action brought there shall be a presumption of retaliation upon a showing by the plaintiff that (a) his name was contained in a plaintiff personal injury listing, (b) said plaintiff sought services from a subscriber, and (c) said plaintiff was refused such services. This presumption may be rebutted by a showing by the defendant by a preponderance of the evidence that the plaintiff was refused such services for a valid business reason and not in whole or in part due to the appearance of the plaintiff's name in a plaintiff personal injury listing.

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Mass. Gen. Laws ch.93 § 99. Remedies.Any person who is aggrieved as a result of a violation of sections ninety-six to ninety-eight, inclusive, or the attorney general, may bring an action for recovery of actual damages or one thousand dollars, whichever is greater, and other relief, including injunctive relief, civil penalties and attorney's fees as provided by chapter ninety-three A. Nothing in this section shall be construed to allow treble damages pursuant to chapter ninety-three A. Nothing in sections ninety-six to ninety-eight, inclusive, shall be construed so as to nullify or impair any other right or rights which a person may have against a subscriber or listing service at common law, by statute, or otherwise. The provisions of said sections ninety-six to ninety-eight, inclusive, are not exclusive and do not relieve the subscriber or listing services from compliance with all other applicable provisions of law.

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Mass. Gen. Laws ch.93 § 100. Violations; penalties.Any subscriber or listing service who violates any provision of sections ninety-six to ninety-eight, inclusive, or who shall counsel, aid or abet such violations, shall be liable for a civil penalty of not less than one thousand dollars nor more than five thousand dollars for each such violation, and other penalties as authorized pursuant to section four of chapter ninety-three A. The attorney general may file a civil action in the superior or district court in the name of the commonwealth to recover such penalties.

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Mass. Gen. Laws ch.93 § 101. Waiver of consumer rights prohibited.Any rights granted to consumers under the provisions of any law or regulation enacted or promulgated by the commonwealth or any political subdivision thereof providing protection of such consumers' health, safety or welfare shall not be waived by agreement or otherwise unless specifically permitted by such law or regulation.

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Mass. Gen. Laws ch.93 § 102.
Equal rights; violations; civil actions; costs.
(a) All persons within the commonwealth, regardless of sex, race, color, creed or national origin, shall have, except as is otherwise provided or permitted by law, the same rights enjoyed by white male citizens, to make and enforce contracts, to inherit, purchase, to lease, sell, hold and convey real and personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.

(b) A person whose rights under the provisions of subsection (a) have been violated may commence a civil action for injunctive and other appropriate equitable relief, including the award of compensatory and exemplary damages. Said civil action shall be instituted either in the superior court for the county in which the conduct complained of occurred, or in the superior court for the county in which the person whose conduct complained of resides or has his principal place of business.

(c) A violation of subsection (a) is established if, based on the totality of circumstances, it is shown that any individual is denied any of the rights protected by subsection (a).

(d) An aggrieved person who prevails in an action authorized by subsection (b), in addition to other damages, shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees in an amount to be fixed by the court.

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Mass. Gen. Laws ch.93 § 103.
Equal rights; age and handicap; violations; remedies.
(a) Any person within the commonwealth, regardless of handicap or age as defined in chapter one hundred and fifty-one B, shall, with reasonable accommodation, have the same rights as other persons to make and enforce contracts, inherit, purchase, lease, sell, hold and convey real and personal property, sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property, including, but not limited to, the rights secured under Article CXIV of the Amendments to the Constitution.

(b) Any person whose rights under the provisions of subsection (a) have been violated may commence a civil action for injunctive and other appropriate equitable relief, including, but not limited to, the award of compensatory and exemplary damages. Said civil action shall be instituted either in the superior court for the county in which the conduct complained of occurred, or in the superior court for the county in which the person whose conduct complained of resides or has his principal place of business.

(c) A violation of subsection (a) shall be established if, based upon the totality of circumstances, it is shown that any individual is denied any of the rights protected by subsection (a).

(d) An aggrieved person who prevails in an action authorized by subsection (b), in addition to other damages, shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees in an amount to be determined by the court.

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Mass. Gen. Laws ch.93 § 104. Definitions.For purposes of this section and section one hundred and five, the following words shall have the following meanings unless the context otherwise requires or specifically prescribes a different meaning:

“Check”, an instrument, draft or order issued or made for the payment of money upon any bank or other depository institution.

“Credit Card”, any instrument or device, whether known as a credit card, credit plate, or by any other name, issued with or without fee by an issuer for the use of the card holder in obtaining money, goods, services, or anything else of value on credit. Credit card shall not include a check guarantee card.

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Mass. Gen. Laws ch.93 § 105.
Credit cards; checks; personal identification information.
(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.

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Mass. Gen. Laws ch.93 § 106.
Video rentals; records; penalty.
(1) No persons engaged in the business of leasing or renting videos or any employee thereof shall maintain records that would indicate the title or category of any video leased or rented by a borrower other than the records necessary to ensure a completed transaction of such video. Records indicating the name of the borrower together with the title or category of the video shall be eliminated within thirty days after the transaction is completed. A transaction shall not be considered complete until all contractual rights or obligations between the parties regarding a particular video have been satisfied, including any credit due, late fees, rewinding charges or settlement for property damage and any investigation related thereto.

(2) No persons engaged in the business of leasing or renting videos or any employees thereof shall make available to a third party records that would indicate the name of the borrower or the title or category of any video leased or rented by a borrower, except under a proceeding authorized by 18 USC 2710(b)(2) (C) and (F).

(3) Any violation of this section shall be punishable by imprisonment in a house of correction for not more than sixty days or a fine of one thousand dollars, or both such fine and imprisonment.

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Mass. Gen. Laws ch.93 § 107. Customized wheelchairs; nonconformity with warrant; rights and remedies.(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 subsection (4) of subdivision (C).]

(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.

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Mass. Gen. Laws ch.93 § 108. Definitions.As used in sections 108 to 113, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:--

“Customer”, a person who resides in the commonwealth and subscribes to local or long distance telecommunications services.

“Department”, the department of telecommunications and cable.

“Interexchange carrier” or “IXC”, any person engaged in the provision of long distance telephone service.

“Letter of agency” or “LOA”, a document meeting the form and content requirements of section 109 and 47 CFR 64.1150.

“Local exchange carrier” or “LEC”, any person engaged in the provision of telephone exchange service, not including a person engaged in the provision of commercial mobile service under section 332(e) of the Federal Communications Act of 1934, except to the extent that the department determines such service should be included in the definition of such term.

“Third party verification” or “TPV”, service provider, an entity registered with the department pursuant to section 12E of chapter 159 that provides customer authorization confirmation services under section 110.

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Mass. Gen. Laws ch.93 § 109. Authorization of change in customer's primary interexchange carrier or local exchange carrier.(a) For purposes of section 110, a change in a customer's primary IXC or LEC shall be considered to have been authorized only if the IXC or LEC that initiated that change provides confirmation that the customer did authorize such change either through a signed LOA or oral confirmation of authorization obtained by a company registered with the department to provide TPV services in the commonwealth.

(b) (1) A letter of agency shall be a separate document whose sole purpose is to authorize an IXC or LEC to initiate a primary IXC or LEC change.

(2) A letter of agency shall not be combined with inducements of any kind on the same document.

(3) At a minimum, a letter of agency shall be printed in 12 point type and shall contain clear and unambiguous language that confirms:-

(i) the customer's billing name and address, and each telephone number for which a customer requests to change its primary IXC or LEC;

(ii) the customer's decision to change its primary IXC or LEC to the new IXC or LEC;

(iii) the customer understands that only one IXC may be designated as the customer's primary long distance provider for any one telephone number;

(iv) the customer understands that only one LEC may be designated as the customer's primary local telephone exchange service provider; and

(v) the customer understands that a charge to the customer may result from changing the customer's primary IXC or LEC.

(4) Letters of agency shall not suggest or require that a customer take any action to retain current IXC or LEC.

(c) (1) Third party verification shall be accomplished by having a person talk directly to the customer to obtain oral confirmation that the customer did authorize a change in a primary IXC or LEC service for a particular telephone line identified.

(2) A person during the third party verification call shall inform the customer called that the sole purpose of the call is to verify that the customer authorized a change in the primary IXC or LEC service for the particular line identified and that to qualify for verification the customer must be recorded. If the customer agrees to the recording of the call, the balance of the call shall be recorded, and the following shall be confirmed:

(i) the identity of the person spoken to as well as appropriate verification data;

(ii) the authority of the person spoken to in order to authorize a change in the primary IXC or LEC for a particular line identified;

(iii) that the authorization has been given to change the primary IXC or LEC for a particular telephone line identified;

(iv) the identity of the IXC or LEC which the customer has authorized to be the new primary IXC or LEC service provider.

(3) Recordings made by persons providing TPV services shall be retained for 12 months and copies shall be made available at no charge upon request to the department, the attorney general, or the customer. No information obtained from the customer as part of any third party verification shall be used for any marketing purpose.

(4) The department shall promulgate rules and regulations setting forth such further requirements for the conduct of third party verification calls and recordings to protect against incorrect, inaccurate or falsified verification.

(5) The department may waive the provisions of this section requiring the recording of third party verification by an entity that can demonstrate to the satisfaction of said department that it has an adequate verification system according to standards that ensure a level of protection for consumers equivalent to that of recording.

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Mass. Gen. Laws ch.93 § 110. Complaint that customer's IXC or LEC has been switched without customer authorization.(a) Either a customer, IXC, or LEC may initiate a complaint that a customer's IXC or LEC has been switched without the customer's authorization.

(b) The customer, IXC or LEC shall make the complaint within 90 days after the statement date of the notice indicating that the customer's IXC or LEC has been switched.

(c) The customer, IXC or LEC shall make the complaint with the department.

(d) The department shall request from the customer: a copy of the customer's telephone bill, the name of the original IXC or the original LEC, the name of the new IXC or new LEC, and any other information the department deems relevant, within ten business days of receiving the complaint.

(e) The customer shall return the requested information to the department within 15 business days of the department's notifying the customer.

(f) Within ten business days of receiving the requested information from the customer, the department shall send to:

(i) the customer, a letter acknowledging receipt of the information; (ii) the original IXC or original LEC, a letter informing the original IXC or original LEC of the pending complaint and requesting other information relevant to the IXC or LEC switch; (iii) the new IXC or LEC, a letter informing it of the pending complaint, requesting the customer's LOA or TPV, and requesting other information the department deems relevant; and (iv) the LEC, a letter requesting the customer's telephone bills for the time period since the alleged unauthorized IXC or LEC switch.

(g) The original IXC or original LEC, and the new IXC or new LEC, shall return the requested information to the department within 15 business days of the department's request.

(h) Within ten business days after receiving a copy of the customer's LOA or TPV from the new IXC or new LEC, the department shall send a copy of the LOA or TPV to the customer and notice to the customer that the customer shall provide written notice to the department within 15 business days after receipt whether they intend to challenge the material provided by the new IXC or LEC.

(i) Within 20 business days after receiving the customer's written response challenging the LOA or TPV, the department shall hold a hearing to determine, based on its review of the LOA or TPV recording and evidence presented by the customer, whether the customer did authorize the change to the new IXC or LEC. Within ten business days after the hearing the department shall render its decision.

(j) Within 20 business days after not receiving a written response from the customer concerning the LOA or TPV, the department shall determine, based on its review of the LOA or TPV recording and any other information relevant to the IXC or LEC switch, whether the customer did authorize the change to the new IXC or LEC. Within ten business days after the hearing the department shall render its decision.

(k) In addition to the procedures prescribed in this section, the department may promulgate rules and regulations to establish an alternative informal procedure for the resolution of such complaints at the election of the customer.

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Mass. Gen. Laws ch.93 § 111. Information booklet describing customer's rights under Secs. 108 to 113.(a) An LEC doing business in the commonwealth shall prepare an information booklet describing customer's rights under the provisions of sections 108 to 113, inclusive. The LEC shall mail such booklet to each of its customers, including new customers. The information booklet shall be approved by the department.

(b) After switching a customer's IXC or LEC, said LEC shall include in the customer's next monthly statement a notice that shall include the following: (i) the customer's telephone number for which the LEC switched the IXC or LEC; (ii) the name, address, and telephone number of the original IXC or original LEC.

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Mass. Gen. Laws ch.93 § 112. Customer refunds.(a) If the department determines that a new IXC or new LEC does not have the required LOA or TPV, the department shall calculate and require the new IXC or new LEC to refund the following:

(i) to the customer, the difference between what the customer would have paid in IXC or LEC charges at the original IXC or original LEC and actual charges paid to the new IXC or new LEC, if the new IXC's or new LEC's charges are greater than what would have been charged to the customer by the original IXC or original LEC;

(ii) to the customer, any reasonable expense the customer incurred, in switching to the new IXC or LEC, or switching back to the original IXC or original LEC; and

(iii) the original IXC or LEC, any lost revenue, which shall consist of the amount of the money the original IXC or LEC would have received for the service used by the customer during the time the customer received IXC or LEC services from the new IXC or new LEC if the customer's IXC or LEC had not been switched. This amount shall gross, irrespective of expenses, what the original IXC or original LEC would likely have incurred providing the IXC or LEC services to the customer. If the new IXC's or new LEC's charges to the customer are lower than what would have been charged to the customer by the original IXC or original LEC, the new IXC or new LEC shall pay the original IXC or original LEC the amount equal to the charges received from the customer. Once the new IXC or new LEC refunds the lost revenues to the original IXC or original LEC, the original IXC or original LEC shall refund, credit or adjust any incentives that were lost to the customer by the unauthorized change in the customer's IXC or LEC, including, but not limited to, frequent flyer miles and charitable contributions.

(b) An IXC or LEC determined by the department to have switched any customer's IXC or LEC without proper authorization more than once in a 12 month period, shall be subject to a civil penalty not to exceed $1,000 for the first offense and not less than $2,000 nor more than $3,000 for any subsequent offense. In determining the amount of the civil penalty, the department shall consider the nature, circumstances and gravity of the violation, the degree of the respondent's culpability, and the respondent's history of prior offenses.

(c) An IXC or LEC determined by the department to have switched any customer's IXC or LEC without the proper authorization more than 20 times in a 12 month period may, after a full hearing and determination by the department that such IXC or LEC intentionally, maliciously or fraudulently switched the service of more than 20 customers in a 12 month period, be prohibited from selling telecommunications services in the commonwealth for a period of up to one year. In determining the length of suspension, the department shall consider the nature, gravity of the violation, the degree of the respondent's culpability, and the respondent's history of prior offenses.

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Mass. Gen. Laws ch.93 § 113.
Annual report; records of companies that have engaged in unauthorized switching of customer's IXC or LEC.
(a) The department shall track instances in which an IXC, LEC, or TPV company switched a customer's IXC or LEC without the customer's valid LOA or TPV.

(b) The department shall prepare an annual report of the impact of the provision of sections 108 to 113, inclusive, and submit it to the joint committee on government relations and the attorney general, within 30 days of its completion.

(c) The department shall keep monthly records of each unauthorized IXC or LEC change by company and produce an annual report of each violation by company and submit it to the joint committee on government regulations and the attorney general.

(d) The department shall keep a record of any TPV companies and any other agent affiliated with an IXC or an LEC that has engaged in the unauthorized switching of a customer's IXC or LEC.

(e) The department shall promulgate rules and regulations for the implementation of this section.

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Mass. Gen. Laws ch.93 § 114.
Real estate transactions; disclosure; psychologically impacted property.
The fact or suspicion that real property may be or is psychologically impacted shall not be deemed to be a material fact required to be disclosed in a real estate transaction. “Psychologically impacted” shall mean an impact being the result of facts or suspicions including, but not limited to, the following:

(a) that an occupant of real property is now or has been suspected to be infected with the Human Immunodeficiency Virus or with Acquired Immune Deficiency Syndrome or any other disease which reasonable medical evidence suggests to be highly unlikely to be transmitted through the occupying of a dwelling;

(b) that the real property was the site of a felony, suicide or homicide; and

(c) that the real property has been the site of an alleged parapsychological or supernatural phenomenon.
No cause of action shall arise or be maintained against a seller or lessor of real property or a real estate broker or salesman, by statute or at common law, for failure to disclose to a buyer or tenant that the real property is or was psychologically impacted.

Notwithstanding the foregoing, the provisions of this section shall not authorize a seller, lessor or real estate broker or salesman to make a misrepresentation of fact or false statement.

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Mass. Gen. Laws ch.93A § 1.
Regulation of business practices for consumer protection - Definitions.
The following words, as used in this chapter unless the text otherwise requires or a different meaning is specifically required, shall mean--

(a) “Person” shall include, where applicable, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity.

(b) “Trade” and “commerce” shall include the advertising, the offering for sale, rent or lease, the sale, rent, lease or distribution of any services and any property, tangible or intangible, real, personal or mixed, any security as defined in subparagraph (k) of section four hundred and one of chapter one hundred and ten A and any contract of sale of a commodity for future delivery, and any other article, commodity, or thing of value wherever situate, and shall include any trade or commerce directly or indirectly affecting the people of this commonwealth.

(c) “Documentary material” shall include the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situate.

(d) “Examination of documentary material”, the inspection, study, or copying of any such material, and the taking of testimony under oath or acknowledgment in respect of any such documentary material.

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Mass. Gen. Laws ch.93A § 2.
Unfair practices; legislative intent; rules and regulations.
(a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.

(b) It is the intent of the legislature that in construing paragraph (a) of this section in actions brought under sections four, nine and eleven, the courts will be guided by the interpretations given by the Federal Trade Commission and the Federal Courts to section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), as from time to time amended.

(c) The attorney general may make rules and regulations interpreting the provisions of subsection 2(a) of this chapter. Such rules and regulations shall not be inconsistent with the rules, regulations and decisions of the Federal Trade Commission and the Federal Courts interpreting the provisions of 15 U.S.C. 45(a)(1) (The Federal Trade Commission Act), as from time to time amended.

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Mass. Gen. Laws ch.93A § 3. Exempted transactions.Nothing in this chapter shall apply to transactions or actions otherwise permitted under laws as administered by any regulatory board or officer acting under statutory authority of the commonwealth or of the United States.

For the purpose of this section, the burden of proving exemptions from the provisions of this chapter shall be upon the person claiming the exemptions.

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Mass. Gen. Laws ch.93A § 4.
Actions by attorney general; notice; venue; injunctions.
Whenever the attorney general has reason to believe that any person is using or is about to use any method, act, or practice declared by section two to be unlawful, and that proceedings would be in the public interest, he may bring an action in the name of the commonwealth against such person to restrain by temporary restraining order or preliminary or permanent injunction the use of such method, act or practice. The action may be brought in the superior court of the county in which such person resides or has his principal place of business, or the action may be brought in the superior court of Suffolk county with the consent of the parties or if the person has no place of business within the commonwealth. If more than one person is joined as a defendant, such action may be brought in the superior court of the county where any one defendant resides or has his principal place of business, or in Suffolk county. Said court may issue temporary restraining orders or preliminary or permanent injunctions and make such other orders or judgments as may be necessary to restore to any person who has suffered any ascertainable loss by reason of the use or employment of such unlawful method, act or practice any moneys or property, real or personal, which may have been acquired by means of such method, act, or practice. If the court finds that a person has employed any method, act or practice which he knew or should have known to be in violation of said section two, the court may require such person to pay to the commonwealth a civil penalty of not more than five thousand dollars for each such violation and also may require the said person to pay the reasonable costs of investigation and litigation of such violation, including reasonable attorneys' fees. If the court finds any method, act, or practice unlawful with regard to any security or any contract of sale of a commodity for future delivery as defined in section two, the court may issue such orders or judgments as may be necessary to restore any person who has suffered any ascertainable loss of any moneys or property, real or personal, or up to three but not less than two times that amount if the court finds that the use of the act or practice was a willful violation of said section two, a civil penalty to be paid to the commonwealth of not more than five thousand dollars for each such violation, and also may require said person to pay the reasonable costs of investigation and litigation of such violation, including reasonable attorneys fees.

At least five days prior to the commencement of any action brought under this section, except when a temporary restraining order is sought, the attorney general shall notify the person of his intended action, and give the person an opportunity to confer with the attorney general in person or by counsel or other representative as to the proposed action. Such notice shall be given the person by mail, postage prepaid, to his usual place of business, or if he has no usual place of business, to his last known address.

Any district attorney or law enforcement officer receiving notice of any alleged violation of this chapter or of any violation of an injunction or order issued in an action brought under this section shall immediately forward written notice of the same together with any information that he may have to the office of the attorney general.

Any person who violates the terms of an injunction or other order issued under this section shall forfeit and pay to the commonwealth a civil penalty of not more than ten thousand dollars for each violation. For the purposes of this section, the court issuing such an injunction or order shall retain jurisdiction, and the cause shall be continued, and in such case the attorney general acting in the name of the commonwealth may petition for recovery of such civil penalty.

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Mass. Gen. Laws ch.93A § 5. Assurance of discontinuance of unlawful method or practice.In any case where the attorney general has authority to institute an action or proceeding under section four, in lieu thereof he may accept an assurance of discontinuance of any method, act or practice in violation of this chapter from any person alleged to be engaged or to have been engaged in such method, act or practice. Such assurance may, among other terms, include a stipulation for the voluntary payment by such person of the costs of investigation, or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved buyers, or both. Any such assurance of discontinuance shall be in writing and be filed with the superior court of Suffolk county. Matters thus closed may at any time be reopened by the attorney general for further proceedings in the public interest. Evidence of a violation of such assurance shall be prima facie evidence of a violation of section two in any subsequent proceeding brought by the attorney general.

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Mass. Gen. Laws ch.93A § 6.
Examination of books and records; attendance of persons; notice.
(1) The attorney general, whenever he believes a person has engaged in or is engaging in any method, act or practice declared to be unlawful by this chapter, may conduct an investigation to ascertain whether in fact such person has engaged in or is engaging in such method, act or practice. In conducting such investigation he may (a) take testimony under oath concerning such alleged unlawful method, act or practice; (b) examine or cause to be examined any documentary material of whatever nature relevant to such alleged unlawful method, act or practice; and (c) require attendance during such examination of documentary material of any person having knowledge of the documentary material and take testimony under oath or acknowledgment in respect of any such documentary material. Such testimony and examination shall take place in the county where such person resides or has a place of business or, if the parties consent or such person is a nonresident or has no place of business within the commonwealth, in Suffolk county.

(2) Notice of the time, place and cause of such taking of testimony, examination or attendance shall be given by the attorney general at least ten days prior to the date of such taking of testimony or examination.

(3) Service of any such notice may be made by (a) delivering a duly executed copy thereof to the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of such person;

(b) delivering a duly executed copy thereof to the principal place of business in the commonwealth of the person to be served; or (c) mailing by registered or certified mail a duly executed copy thereof addressed to the person to be served at the principal place of business in the commonwealth or, if said person has no place of business in the commonwealth, to his principal office or place of business.

(4) Each such notice shall (a) state the time and place for the taking of testimony or the examination and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs; (b) state the statute and section thereof, the alleged violation of which is under investigation and the general subject matter of the investigation; (c) describe the class or classes of documentary material to be produced thereunder with reasonable specificity, so as fairly to indicate the material demanded; (d ) prescribe a return date within which the documentary material is to be produced; and (e) identify the members of the attorney general's staff to whom such documentary material is to be made available for inspection and copying.

(5) No such notice shall contain any requirement which would be unreasonable or improper if contained in a subpoena duces tecum issued by a court of the commonwealth; or require the disclosure of any documentary material which would be privileged, or which for any other reason would not be required by a subpoena duces tecum issued by a court of the commonwealth.

(6) Any documentary material or other information produced by any person pursuant to this section shall not, unless otherwise ordered by a court of the commonwealth for good cause shown, be disclosed to any person other than the authorized agent or representative of the attorney general, unless with the consent of the person producing the same; provided, however, that such material or information may be disclosed by the attorney general in court pleadings or other papers filed in court.

(7) At any time prior to the date specified in the notice, or within twenty-one days after the notice has been served, whichever period is shorter, the court may, upon motion for good cause shown, extend such reporting date or modify or set aside such demand or grant a protective order in accordance with the standards set forth in Rule 26(c) of the Massachusetts Rules of Civil Procedure. The motion may be filed in the superior court of the county in which the person served resides or has his usual place of business, or in Suffolk county. This section shall not be applicable to any criminal proceeding nor shall information obtained under the authority of this section be admissible in evidence in any criminal prosecution for substantially identical transactions.

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Mass. Gen. Laws ch.93A § 7.
Failure to appear or to comply with notice.
A person upon whom a notice is served pursuant to the provisions of section six shall comply with the terms thereof unless otherwise provided by the order of a court of the commonwealth. Any person who fails to appear, or with intent to avoid, evade, or prevent compliance, in whole or in part, with any civil investigation under this chapter, removes from any place, conceals, withholds, or destroys, mutilates, alters, or by any other means falsifies any documentary material in the possession, custody or control of any person subject to any such notice, or knowingly conceals any relevant information, shall be assessed a civil penalty of not more than five thousand dollars.

The attorney general may file in the superior court of the county in which such person resides or has his principal place of business, or of Suffolk county if such person is a nonresident or has no principal place of business in the commonwealth, and serve upon such person, in the same manner as provided in section six, a petition for an order of such court for the enforcement of this section and section six. Any disobedience of any final order entered under this section by any court shall be punished as a contempt thereof.

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Mass. Gen. Laws ch.93A § 8.
Habitual violation of injunctions.
Upon petition by the attorney general, the court may for habitual violation of injunctions issued pursuant to section four order the dissolution, or suspension or forfeiture of franchise of any corporation or the right of any individual or foreign corporation to do business in the commonwealth.

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Mass. Gen. Laws ch.93A § 9.
Civil actions and remedies; class actions; demand for relief; damages; costs; exhausting administrative remedies.
(1) Any person, other than a person entitled to bring action under section eleven of this chapter, who has been injured by another person's use or employment of any method, act or practice declared to be unlawful by section two or any rule or regulation issued thereunder or any person whose rights are affected by another person violating the provisions of clause (9) of section three of chapter one hundred and seventy-six D may bring an action in the superior court, or in the housing court as provided in section three of chapter one hundred and eighty-five C whether by way of original complaint, counterclaim, cross-claim or third party action, for damages and such equitable relief, including an injunction, as the court deems to be necessary and proper.

(2) Any persons entitled to bring such action may, if the use or employment of the unfair or deceptive act or practice has caused similar injury to numerous other persons similarly situated and if the court finds in a preliminary hearing that he adequately and fairly represents such other persons, bring the action on behalf of himself and such other similarly injured and situated persons; the court shall require that notice of such action be given to unnamed petitioners in the most effective practicable manner. Such action shall not be dismissed, settled or compromised without the approval of the court, and notice of any proposed dismissal, settlement or compromise shall be given to all members of the class of petitioners in such manner as the court directs.

(3) At least thirty days prior to the filing of any such action, a written demand for relief, identifying the claimant and reasonably describing the unfair or deceptive act or practice relied upon and the injury suffered, shall be mailed or delivered to any prospective respondent. Any person receiving such a demand for relief who, within thirty days of the mailing or delivery of the demand for relief, makes a written tender of settlement which is rejected by the claimant may, in any subsequent action, file the written tender and an affidavit concerning its rejection and thereby limit any recovery to the relief tendered if the court finds that the relief tendered was reasonable in relation to the injury actually suffered by the petitioner. In all other cases, if the court finds for the petitioner, recovery shall be in the amount of actual damages or twenty-five dollars, whichever is greater; or up to three but not less than two times such amount if the court finds that the use or employment of the act or practice was a willful or knowing violation of said section two or that the refusal to grant relief upon demand was made in bad faith with knowledge or reason to know that the act or practice complained of violated said section two. For the purposes of this chapter, the amount of actual damages to be multiplied by the court shall be the amount of the judgment on all claims arising out of the same and underlying transaction or occurrence, regardless of the existence or nonexistence of insurance coverage available in payment of the claim. In addition, the court shall award such other equitable relief, including an injunction, as it deems to be necessary and proper. The demand requirements of this paragraph shall not apply if the claim is asserted by way of counterclaim or cross-claim, or if the prospective respondent does not maintain a place of business or does not keep assets within the commonwealth, but such respondent may otherwise employ the provisions of this section by making a written offer of relief and paying the rejected tender into court as soon as practicable after receiving notice of an action commenced under this section. Notwithstanding any other provision to the contrary, if the court finds any method, act or practice unlawful with regard to any security or any contract of sale of a commodity for future delivery as defined in section two, and if the court finds for the petitioner, recovery shall be in the amount of actual damages.

(3A) A person may assert a claim under this section in a district court, whether by way of original complaint, counterclaim, cross-claim or third-party action, for money damages only. Said damages may include double or treble damages, attorneys' fees and costs, as herein provided. The demand requirements and provision for tender of offer of settlement provided in paragraph (3) shall also be applicable under this paragraph, except that no rights to equitable relief shall be created under this paragraph, nor shall a person asserting a claim hereunder be able to assert any claim on behalf of other similarly injured and situated persons as provided in paragraph (2).

(4) If the court finds in any action commenced hereunder that there has been a violation of section two, the petitioner shall, in addition to other relief provided for by this section and irrespective of the amount in controversy, be awarded reasonable attorney's fees and costs incurred in connection with said action; provided, however, the court shall deny recovery of attorney's fees and costs which are incurred after the rejection of a reasonable written offer of settlement made within thirty days of the mailing or delivery of the written demand for relief required by this section.

<[ There is no paragraph (5).]>

(6) Any person entitled to bring an action under this section shall not be required to initiate, pursue or exhaust any remedy established by any regulation, administrative procedure, local, state or federal law or statute or the common law in order to bring an action under this section or to obtain injunctive relief or recover damages or attorney's fees or costs or other relief as provided in this section. Failure to exhaust administrative remedies shall not be a defense to any proceeding under this section, except as provided in paragraph seven.

(7) The court may upon motion by the respondent before the time for answering and after a hearing suspend proceedings brought under this section to permit the respondent to initiate action in which the petitioner shall be named a party before any appropriate regulatory board or officer providing adjudicatory hearings to complainants if the respondent's evidence indicates that:

(a) there is a substantial likelihood that final action by the court favorable to the petitioner would require of the respondent conduct or practices that would disrupt or be inconsistent with a regulatory scheme that regulates or covers the actions or transactions complained of by the petitioner established and administered under law by any state or federal regulatory board or officer acting under statutory authority of the commonwealth or of the United States; or

(b) that said regulatory board or officer has a substantial interest in reviewing said transactions or actions prior to judicial action under this chapter and that the said regulatory board or officer has the power to provide substantially the relief sought by the petitioner and the class, if any, which the petitioner represents, under this section.

Upon suspending proceedings under this section the court may enter any interlocutory or temporary orders it deems necessary and proper pending final action by the regulatory board or officer and trial, if any, in the court, including issuance of injunctions, certification of a class, and orders concerning the presentation of the matter to the regulatory board or officer. The court shall issue appropriate interlocutory orders, decrees and injunctions to preserve the status quo between the parties pending final action by the regulatory board or officer and trial and shall stay all proceedings in any court or before any regulatory board or officer in which petitioner and respondent are necessarily involved. The court may issue further orders, injunctions or other relief while the matter is before the regulatory board or officer and shall terminate the suspension and bring the matter forward for trial if it finds (a) that proceedings before the regulatory board or officer are unreasonably delayed or otherwise unreasonably prejudicial to the interests of a party before the court, or (b) that the regulatory board or officer has not taken final action within six months of the beginning of the order suspending proceedings under this chapter.

(8) Except as provided in section ten, recovering or failing to recover an award of damages or other relief in any administrative or judicial proceeding, except proceedings authorized by this section, by any person entitled to bring an action under this section, shall not constitute a bar to, or limitation upon relief authorized by this section.

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Mass. Gen. Laws ch.93A § 10. Notice to attorney general; injunction, prima facie evidence.Upon commencement of any action brought under section nine or section eleven, the clerk of the court shall mail a copy of the bill in equity to the attorney general and, upon entry of any judgment or decree in the action, the clerk of the court shall mail a copy of such judgment or decree to the attorney general.

Any permanent injunction or order of the court made under section four shall be prima facie evidence in an action brought under section nine or section eleven that the respondent used or employed an unfair or deceptive act or practice declared unlawful by section two.

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Mass. Gen. Laws ch.93A § 11. Persons engaged in business; actions for unfair trade practices; class actions; damages; injunctions; cost.Any person who engages in the conduct of any trade or commerce and who suffers any loss of money or property, real or personal, as a result of the use or employment by another person who engages in any trade or commerce of an unfair method of competition or an unfair or deceptive act or practice declared unlawful by section two or by any rule or regulation issued under paragraph (c) of section two may, as hereinafter provided, bring an action in the superior court, or in the housing court as provided in section three of chapter one hundred and eighty-five C, whether by way of original complaint, counterclaim, cross-claim or third-party action for damages and such equitable relief, including an injunction, as the court deems to be necessary and proper.
Such person, if he has not suffered any loss of money or property, may obtain such an injunction if it can be shown that the aforementioned unfair method of competition, act or practice may have the effect of causing such loss of money or property.

Any persons entitled to bring such action may, if the use or employment of the unfair method of competition or the unfair or deceptive act or practice has caused similar injury to numerous other persons similarly situated and if the court finds in a preliminary hearing that he adequately and fairly represents such other persons, bring the action on behalf of himself and such other similarly injured and situated persons; the court shall require that notice of such action be given to unnamed petitioners in the most effective, practicable manner. Such action shall not be dismissed, settled or compromised without the approval of the court, and notice of any proposed dismissal, settlement or compromise shall be given to all members of the class of petitioners in such a manner as the court directs.

A person may assert a claim under this section in a district court, whether by way of original complaint, counterclaim, cross-claim or third-party action, for money damages only. Said damages may include double or treble damages, attorneys' fees and costs, as hereinafter provided, with provision for tendering by the person against whom the claim is asserted of a written offer of settlement for single damages, also as hereinafter provided. No rights to equitable relief shall be created under this paragraph, nor shall a person asserting such claim be able to assert any claim on behalf of other similarly injured and situated persons as provided in the preceding paragraph. The provisions of sections ninety-five to one hundred and ten, inclusive, of chapter two hundred and thirty-one, where applicable, shall apply to a claim under this section, except that the provisions for remand, removal and transfer shall be controlled by the amount of single damages claimed hereunder.

If the court finds for the petitioner, recovery shall be in the amount of actual damages; or up to three, but not less than two, times such amount if the court finds that the use or employment of the method of competition or the act or practice was a willful or knowing violation of said section two. For the purposes of this chapter, the amount of actual damages to be multiplied by the court shall be the amount of the judgment on all claims arising out of the same and underlying transaction or occurrence regardless of the existence or nonexistence of insurance coverage available in payment of the claim. In addition, the court shall award such other equitable relief, including an injunction, as it deems to be necessary and proper. The respondent may tender with his answer in any such action a written offer of settlement for single damages. If such tender or settlement is rejected by the petitioner, and if the court finds that the relief tendered was reasonable in relation to the injury actually suffered by the petitioner, then the court shall not award more than single damages.

If the court finds in any action commenced hereunder, that there has been a violation of section two, the petitioner shall, in addition to other relief provided for by this section and irrespective of the amount in controversy, be awarded reasonable attorneys' fees and costs incurred in said action.

In any action brought under this section, in addition to the provisions of paragraph (b) of section two, the court shall also be guided in its interpretation of unfair methods of competition by those provisions of chapter ninety-three known as the Massachusetts Antitrust Act.

No action shall be brought or maintained under this section unless the actions and transactions constituting the alleged unfair method of competition or the unfair or deceptive act or practice occurred primarily and substantially within the commonwealth. For the purposes of this paragraph, the burden of proof shall be upon the person claiming that such transactions and actions did not occur primarily and substantially within the commonwealth.

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Mass. Gen. Laws ch.93B § 1.
Definitions.
As used in this chapter the following words shall have the following meanings:

“Boundary”, the property line of the address of the principal new motor vehicle sales facility approved by the manufacturer or distributor in the franchise agreement and utilized by a dealership of a specific line make; or in the case of a proposed new location, the property line of the address of the principal new motor vehicle sales facility that is intended to be used by the proposed new person or the relocating existing dealer.

“Dealer”, “motor vehicle dealer” or “dealership”, any person who, in the ordinary course of its business, is engaged in the business of selling new motor vehicles to consumers or other end users pursuant to a franchise agreement and who has obtained a class 1 license pursuant to the provisions of section 58 and 59 of chapter 140. It shall not include: (1) receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under judgment, decree or order of any court, or (2) public officers while performing their duties as such officers.

“Distributor”, any person who is not a manufacturer or a motor vehicle dealer, and who sells or distributes new and unused motor vehicles to motor vehicle dealers within the commonwealth or to any wholesaler who in turn sells or distributes such vehicles to motor vehicle dealers within the commonwealth; or any branch office or division maintained by any of such persons for directing and supervising their franchisor representatives.

“Dual” or “dualing”, a motor vehicle dealer occupying and conducting business operations for one line make of new motor vehicles which is located in the dealership facilities described in the franchise agreement as dedicated, wholly or in part, to the operations governed by the franchise agreement, and from which it conducts its business operations for another line make of new motor vehicles.

“Former franchisee”, a dealer that has either: (i) entered into a termination agreement or a deferred termination agreement with a predecessor or successor manufacturer related to the franchise; or (ii) had the franchise canceled, terminated, nonrenewed, noncontinued, rejected, nonassumed or otherwise ended by the predecessor or successor manufacturer.

“Franchise” or “franchise agreement”, an oral or written arrangement for a definite or indefinite period in which a manufacturer or distributor grants to a motor vehicle dealer a license to use a trade name, service mark, or related characteristic, and in which there is a community of interest in the marketing of new motor vehicles or services related thereto at wholesale, retail, leasing, or otherwise.

“Franchisor representative”, a person employed by a manufacturer or distributor for the purpose of promoting the sale of new motor vehicles or for supervising, servicing, instructing or contracting motor vehicle dealers or prospective motor vehicle dealers; and any officer, agent or other authorized representative of a manufacturer or distributor.

“Line make”, a collection of models, series or groups of motor vehicles manufactured by or for a particular manufacturer, distributor or importer that is offered for sale, lease or distribution under a common brand name or mark; provided, however, that: (i) multiple brand names or marks may constitute a single line make, but only when included in a common dealer agreement and the manufacturer, distributor or importer offers such vehicles bearing the multiple names or marks together only, and not separately, to its authorized dealers; and (ii) motor vehicles that share a common brand name or mark may constitute separate line makes when such vehicles are of different vehicle types or are intended for different types of use, provided that either: (i) the manufacturer has expressly defined or covered the line makes of vehicles as separate and distinct line makes in the applicable dealer agreements; or (ii) the manufacturer has consistently characterized the vehicles as constituting separate and distinct line makes to its dealer networks.

“Manufacturer”, any person engaged in the business of manufacturing or assembling new and unused motor vehicles; any person holding majority ownership in any person encompassed within this definition of the term “manufacturer”; or any branch office or division maintained by the person for directing and supervising a franchisor representative.

“Motor vehicle”, any motor driven vehicle or house trailer required to be registered under chapter 90 regardless of curb weight or required to be registered under sections 20 to 35, inclusive, of chapter 90B having a curb weight of not more than 1,000 pounds, or a truck camper.

“New motor vehicle”, a motor vehicle which has not been previously sold to any person except a manufacturer, distributor or motor vehicle dealer for resale.

“Person”, a natural person, corporation, partnership, limited liability company, limited liability partnership, trust or other entity.

“Powersport vehicle”, any motor vehicle defined as a motorcycle or motorized bicycle by section 1 of chapter 90 and required to be registered under chapter 90 regardless of curb weight or any motor vehicle required to be registered under sections 20 to 35, inclusive, of chapter 90B having a curb weight of not more than 1,000 pounds.

“Recreational vehicle”, a motor vehicle defined as an auto home or house trailer by section 1 of chapter 90 and required to be registered under chapter 90, or a truck camper.

“Relevant market area”, the geographic area surrounding the boundary of a dealership, determined as follows:

(1) If all boundaries of a dealership located in the counties of Bristol, Essex, Hampden, Middlesex, Norfolk, Plymouth or Suffolk are 8 or more miles from the border of the counties of Barnstable, Berkshire, Dukes, Franklin, Hampshire, Nantucket and Worcester, then the geographic area shall be the entire land mass encompassed in a circle with a radius of 8 miles from any boundary of the dealership.

(2) If all boundaries of a dealership located in the counties of Barnstable, Berkshire, Dukes, Franklin, Hampshire, Nantucket or Worcester are 14 or more miles from the border of the counties of Bristol, Essex, Hampden, Middlesex, Norfolk, Plymouth and Suffolk, then the geographic area shall be the entire land mass encompassed in a circle with a radius of 14 miles from any boundary of the dealership.

(3) For all dealerships in the commonwealth which are not included within paragraphs (1) or (2), inclusive, of this definition, the geographic area shall be a land mass comprised of circular arc segments with a radius of 8 miles from any boundary of the dealership for the arc segments that fall within the counties of Bristol, Essex, Hampden, Middlesex, Norfolk, Plymouth and Suffolk; and with a radius of 14 miles from any boundary of the dealership for the arc segments that fall within the counties of Barnstable, Berkshire, Dukes, Franklin, Hampshire, Nantucket and Worcester.

(4) For any motor vehicle dealer who deals in whole or in part in powersport vehicles, notwithstanding subparagraphs (1), (2) and (3), the geographic area shall be the entire land mass encompassed in a circle with a radius of 20 miles from any boundary of the dealership for that part of the dealership which deals in said powersport vehicles.

(5) For any motor vehicle dealer who deals in whole or in part in recreational vehicles, notwithstanding subparagraphs (1), (2), (3) and (4), the geographic area shall be the greater of the entire land mass encompassed in a circle with a radius of 25 miles from any boundary of the dealership or the area of responsibility of the dealer as defined in the franchise agreement or the combination of the 25 miles boundary and the area of responsibility for that part of the dealership which deals in recreational vehicles.

(6) For the purposes of this chapter, a radius measurement shall be drawn from the closest boundary of the existing dealership to the closest boundary of the site for the proposed dealership or relocation.

“Sale” or “sell”, the issuance, transfer, agreement for transfer, exchange, pledge, hypothecation, mortgage in any form, whether by transfer in trust or otherwise, or lease of any motor vehicle or interest therein or of any franchise related thereto; and any option, subscription or other contract, or solicitation, looking to a sale, offer or attempt to sell, or lease in any form, whether spoken or written. The delivery or gift, for any purpose including as a bonus, of a motor vehicle or franchise interest, shall be considered a sale of the motor vehicle or franchise interest.

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Mass. Gen. Laws ch.93B § 2.
Applicability of chapter
Any person who engages directly or indirectly in purposeful contacts in the commonwealth in connection with the offering or advertising for sale or has business dealings with respect to a motor vehicle in the commonwealth shall be subject to this chapter and shall be subject to the jurisdiction of the courts of the commonwealth, upon service of process in accordance with chapter 223A.

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Mass. Gen. Laws ch.93B § 3.
Unfair competition and practices.
(a) Unfair methods of competition and unfair or deceptive acts or practices, as defined in section 4, are hereby declared to be unlawful.

(b) In construing subsection (a) the courts may be guided by the interpretations of the Federal Trade Commission Act, 15 U.S.C. 45.

(c) The attorney general may make rules and regulations interpreting the subsection (a). The rules and regulations shall not be inconsistent with the rules, regulations and decisions of the Federal Trade Commission and the federal courts interpreting the Federal Trade Commission Act, 15 U.S.C. 45.

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Mass. Gen. Laws ch.93B § 4.
Violations
(a) It shall be a violation of subsection (a) of section 3 for any manufacturer, distributor, franchisor representative or motor vehicle dealer to engage in any action which is arbitrary, in bad faith, or unconscionable and which causes damage to the manufacturer, distributor, franchisor representative, motor vehicle dealer or to the public.

(b) It shall be a violation of subsection (a) of section 3 for a manufacturer, distributor or franchisor representative, to coerce, any motor vehicle dealer:

(1) to accept or buy any motor vehicle, appliance, equipment, part or accessory, or any other commodity or service which has not been ordered or requested by the motor vehicle dealer; or to require a motor vehicle dealer to accept, buy, order or purchase a motor vehicle, appliance, equipment, optional part or accessory, or any commodity or service or anything of value whether supplied or rendered by the manufacturer, distributor or franchisor representative in order to obtain any motor vehicle or any other commodity which has been ordered or requested by the motor vehicle dealer.

(2) to order or accept delivery of any motor vehicle with special features, appliances, accessories or equipment not included in the list price of the motor vehicles as publicly advertised by the manufacturer or distributor thereof.

(3) to order for any person and require acceptance of any parts, accessories, equipment, machinery, tools, appliances or any commodity whatsoever.

(c) It shall be deemed a violation of subsection (a) of section 3 for a manufacturer, distributor or franchisor representative:

(1) to adopt, change, establish or implement a plan or system for the allocation or distribution of new motor vehicles to motor vehicle dealers which is arbitrary or unfair or to modify an existing plan so as to cause the same to be arbitrary or unfair; but it shall not be a violation of this paragraph for a manufacturer or distributor to maintain a pool of new motor vehicles in a reasonable quantity that are not included in the regular allocation, subject to the following limitations:

(i) the quantity of new motor vehicles selected by the manufacturer or distributor to include in the pool shall not exceed 15 per cent of all new motor vehicles that would otherwise be available in the current allocation and shall not exceed 15 per cent of any given model based on all new motor vehicles that would otherwise be available in the current allocation; and

(ii) new motor vehicles in the pool may be distributed in the discretion of the manufacturer or distributor for any business purpose that the manufacturer or distributor considers appropriate; provided, however, that such distribution is not in violation of paragraphs (5) or (6); but in distributing new motor vehicles from the pool to any dealership in which the manufacturer or distributor has an ownership or real estate interest, the manufacturer or distributor shall not exercise its discretion based solely on the fact that the manufacturer or distributor has an ownership or real estate interest in any dealership.

(2) to fail or refuse to advise or disclose to any motor vehicle dealer having a franchise agreement, upon written request therefor, the methodology upon which new motor vehicles of the same line make are allocated or distributed to motor vehicle dealers in the commonwealth and the methodology upon which the current allocation or distribution is being made or will be made to a motor vehicle dealer; but this paragraph shall not apply to any vehicles included in the pool of new motor vehicles described in paragraph (1).

(3) to refuse to deliver in reasonable quantities and within a reasonable time after receipt of an order by any motor vehicle dealer having a franchise agreement for the retail sale of new motor vehicles sold or distributed by the manufacturer or distributor, any motor vehicles covered by the franchise publicly advertised in media broadcast or distributed in the commonwealth by the manufacturer or distributor to be available for immediate delivery; but the failure to deliver any motor vehicle shall not be considered a violation of this chapter if the failure is due to an act of God, work stoppage or delay due to a strike or labor difficulty, shortage of materials, lack of available manufacturing capacity, freight embargo or a cause over which the manufacturer or distributor has no control.

(4) to coerce any motor vehicle dealer to enter into any agreement with the manufacturer, distributor or franchisor representative, or to do any other act prejudicial to the dealer, by threatening to terminate any franchise agreement; but, notice in good faith, including notice of termination or nonrenewal, to any motor vehicle dealer based on the dealer's violation of any terms or provisions of its franchise agreement or of any law or regulation applicable to the conduct of a motor vehicle dealership, or petitioning any court for a declaration that the notice is issued for good cause, shall not constitute a violation of this chapter.

(5) to offer to sell or to sell any new motor vehicle to any motor vehicle dealer located in the commonwealth at a lower actual price therefor than the actual price offered contemporaneously to any other motor vehicle dealer located in the commonwealth for the same model vehicle similarly equipped or to utilize any device including, but not limited to, sales promotion plans or programs which result in the lesser actual price unless available on equal terms to all dealers located in the commonwealth; provided, however, that this paragraph shall not apply to sales to a motor vehicle dealer for resale to any unit of the federal government or any agency thereof or to the commonwealth or any of its political subdivisions; provided further, that this paragraph shall not apply to sales to a motor vehicle dealer of any motor vehicle ultimately sold, donated or used by the dealer in a driver education program. The preceding provisions of this paragraph shall not apply so long as a manufacturer, distributor or franchisor representative offers to sell or sells new motor vehicles to all motor vehicle dealers located in the commonwealth at an equal price. In connection with a sale of a motor vehicle or vehicles to a motor vehicle dealer for resale to any unit of the federal government or any agency thereof or to the commonwealth or to any political subdivision thereof, no manufacturer or distributor shall offer any discounts, refunds or any other similar type of inducement to any dealer without making the same offer available to all other of its dealers within the relevant market area, and if the inducements are made, the manufacturer or distributor shall give simultaneous notice thereof to all of its dealers within the relevant market area.

(6) to offer to sell or to sell any new motor vehicle to any person located in the commonwealth, except a distributor, at a lower actual price therefor than the actual price offered and charged contemporaneously to a motor vehicle dealer located in the commonwealth for the same model vehicle similarly equipped or to utilize any device which results in such lesser actual price unless the same is available on equal terms to all dealers located in the commonwealth; but this paragraph shall not apply to sales by a manufacturer or distributor to any unit of the federal government or any agency thereof or to the commonwealth or any of its political subdivisions.

(7) to offer to sell or to sell parts or accessories to any new motor vehicle dealer located in the commonwealth for use in its own business for the purpose of repairing or replacing the same or a comparable part or accessory, at a lower actual price therefor than the actual price charged contemporaneously to any other new motor vehicle dealer located in the commonwealth for similar parts or accessories for use in its own business; but in those cases where motor vehicle dealers operate and serve as wholesalers of parts and accessories to retail outlets, nothing herein contained shall be construed to prevent a manufacturer or distributor from selling to a motor vehicle dealer who operates and serves as a wholesaler of parts and accessories, the parts and accessories ordered by said motor vehicle dealer for resale to retail outlets at a lower actual price than the actual price charged a motor vehicle dealer who does not operate or serve as a wholesaler of parts and accessories.

(8) to impose upon a motor vehicle dealer or a director, officer, partner or stockholder thereof or any other person holding or otherwise owning an interest therein, by or through the terms and provisions of a franchise agreement or otherwise, unreasonable restrictions upon the financial arrangement or structure of a dealership, upon the method and manner by which the dealership finances or intends to finance its operation, equipment and facilities or upon the ability of an individual, proprietor or stockholder to use, sell or transfer any interest in the dealership or to enter into and implement a testamentary arrangement with respect thereto; provided, however, that:

(i) a manufacturer or distributor may require a director, officer, partner or stockholder of a motor vehicle dealer, or any other person holding or otherwise owning an interest therein, to be identified as such and may establish reasonable standards concerning the capital and facilities needed for dealership operations and concerning continuity of dealership management;

(ii) there shall be no assignment, delegation or transfer of the franchise or management or control thereunder without the written consent of the manufacturer or distributor, which consent shall not unreasonably be withheld;

(iii) the manufacturer or distributor shall not deny to the surviving spouse or heirs of an individual franchised motor vehicle dealer the right to submit a proposal as provided in this section to succeed to the interest of the decedent in a franchised motor vehicle dealership enterprise or directly or indirectly to interfere with, hinder or prevent the continuance of the business of the franchised motor vehicle dealer by reason of such succession to the interest of the decedent during the pendency of any such proposal; provided, however, that the surviving spouse or heirs submit that proposal within 90 days after the decedent's death and provide all information requested by the manufacturer or distributor in a timely manner, including the familial and business relationship of the parties, and the continuation of the business of the franchised motor vehicle dealer shall be conducted under competent management acceptable to the franchisor, whose acceptance shall not be unreasonably withheld; but, in the event that the franchised motor vehicle dealer and franchisor have executed an agreement concerning succession rights prior to the individual dealer's, partner's or stockholder's death and if such agreement has not been revoked by the franchised motor vehicle dealer, the agreement shall control even if it designates an individual other than the surviving spouse or heirs of the decedent;

(iv) the manufacturer or distributor shall promptly mail a dealership application to a proposed assignee, delegatee or transferee following a request submitted by the proposed assigning, delegating or transferring motor vehicle dealer and the proposed assignee, delegatee or transferee shall submit the application to the manufacturer or distributor with all supporting documentation as specified by the manufacturer or distributor; and the manufacturer or distributor shall, within 30 days of receipt of the application and all supporting documentation as specified therein, review it and notify the assignee, delegatee or transferee what additional information, data or documents, if any, is needed by the manufacturer or distributor to complete its review and, upon the submission of all specified additional information, data or documents by the assignee, delegatee or transferee, the manufacturer or distributor shall, within 30 days after receipt, make its decision to approve or reject the proposed sale, assignment, or transfer; provided, however, that if the manufacturer or distributor does not reject such application within 30 days after the submission of all of the requested additional information, data or documents, the application shall be considered approved for all purposes, unless the 30-day deadline is extended by mutual agreement of the manufacturer or distributor and the proposed assigning, delegating or transferring dealer; provided, further, that if the manufacturer or distributor did not request any additional information, data or documents, the manufacturer or distributor shall, within 60 days of the receipt of the application and all supporting documentation, review the application and approve or reject it but, if the manufacturer or distributor does not reject the application within that 60-day period and the 60-day period is not otherwise extended by mutual agreement of the manufacturer or distributor and the proposed assigning, delegating or transferring dealer, the application shall be considered approved for all purposes; and

(v) if a franchise agreement specifies that the consent of the manufacturer or distributor shall be obtained before a dealer engages in dualing, the consent shall not be unreasonably withheld, but nothing in this clause shall modify or supersede any term of a franchise agreement requiring a dealer to maintain an exclusive facility for its operations.

(9) to obtain money, goods, services, anything of value, or any other benefit from any other person with whom the motor vehicle dealer does business, on account of or in relation to the transactions between the dealer and the other person as compensation except for services actually rendered, unless the benefit is promptly accounted for and transmitted to the motor vehicle dealer.

(10) to own or operate, either directly or indirectly through any subsidiary, parent company or firm, a motor vehicle dealership located in the commonwealth of the same line make as any of the vehicles manufactured, assembled or distributed by the manufacturer or distributor. A manufacturer or distributor shall not be in violation of this paragraph when: (i) owning or operating a dealership temporarily for a reasonable period, in any case not to exceed 1 year; (ii) in a bona fide relationship in which an independent person is required to make an initial ownership investment subject to loss in the dealership of not less than 7 per cent of the equity investment and can be reasonably expected, pursuant to a bona fide written agreement in effect between the manufacturer or distributor and the independent person, to acquire full ownership of the dealership on reasonable terms and conditions and within a reasonable period of time not to exceed 12 years unless good cause exists to extend said 12 year time period; provided, however, that the source for said initial ownership investment shall be from investors or lenders other than the manufacturer or distributor holding an ownership in the dealership; and provided, further, that for the purposes of clause (ii), good cause shall mean circumstances that are beyond the reasonable control of the independent person or the manufacturer or distributor holding an ownership in the dealership; (iii) owning or operating a dealership selling recreational vehicles temporarily during the transition from one owner of the dealership to another that the temporary period may be extended in 1 year increments for a maximum extension up to 2 years, if good cause is shown; provided, further, that the manufacturer or distributor who owns or operates a dealership selling recreational vehicles upon owning or operating the dealership shall immediately make a reasonable effort to notify all dealerships selling recreational vehicles in the commonwealth that the dealership is for sale, the earliest date that the manufacturer took ownership or began operating the dealership and the contact person to arrange the sale of the dealership; provided, further, that upon written request to a manufacturer or distributor by a dealer of the same line make as a dealership established under clause (ii), the manufacturer or distributor shall send the requesting dealer a written statement verifying that the relationship with the independent person is in compliance with this paragraph; and provided, further, that the manufacturer or distributor shall not disclose any personal or financial information of the independent person or dealership.

(11) to coerce a motor vehicle dealer to assent to a release, assignment, novation, waiver or estoppel which would prospectively relieve any person from liability imposed by this chapter.

(12) to act to accomplish, either directly or indirectly through any parent company, subsidiary, or agent, what would otherwise be prohibited under this chapter on the part of the manufacturer or distributor. This section shall not limit the right of any parent company, subsidiary, or agent to engage in business practices otherwise lawful in accordance with the usage of the trade in which it is engaged.

(d) It shall be a violation of subsection (a) of section 3 for a motor vehicle dealer:

(1) to require a purchaser of a new motor vehicle, as a condition of sale and delivery thereof, to also purchase special features, appliances, equipment, parts or accessories not desired or requested by the purchaser; provided, however, that this prohibition shall not apply as to special features, appliances, equipment, parts or accessories which are already installed on the motor vehicle when received by the dealer; provided further, that the motor vehicle dealer prior to the consummation of the purchase reveals to the purchaser the substance of this paragraph;

(2) to represent and sell as a new motor vehicle any motor vehicle which has been used and operated for demonstration purposes or which is otherwise a used motor vehicle; or

(3) to assign, delegate or transfer its franchise agreement, or any ownership interest or management control in the dealership, without the prior written consent of the manufacturer or distributor, which consent shall not unreasonably be withheld.

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Mass. Gen. Laws ch.93B § 5.
Franchise agreement; renewal; termination; notice; good cause; hearing; burden of proof.
(a) It shall be a violation of subsection (a) of section 3 for a manufacturer, distributor or franchisor representative without good cause, in bad faith or in an arbitrary or unconscionable manner: (1) to terminate the franchise agreement of a motor vehicle dealer; (2) to fail or refuse to extend or renew the franchise agreement of a motor vehicle dealer upon its expiration; (3) to offer a renewal, replacement or succeeding franchise agreement containing terms and conditions the effect of which is to substantially change the sales and service obligations, capital requirements or facilities requirements of a motor vehicle dealer; or (4) to amend, add or delete any other material term or condition set forth in a motor vehicle dealer's franchise agreement.

(b) A manufacturer, distributor or franchisor representative shall send notice to a motor vehicle dealer in writing of the termination of the franchise agreement of the dealer at least 60 days before the effective date thereof, stating the specific grounds for such termination; and a manufacturer, distributor or franchisor representative shall send notice to a motor vehicle dealer in writing at least 60 days before the contractual term of its franchise agreement expires when the same will not be renewed stating the specific grounds for the nonrenewal, or when the same will be renewed but with changes, amendments, additions or deletions of the type described in subsection (a).

(c) If the basis for the termination of or refusal to renew the franchise agreement of a motor vehicle dealer is due to a failure to comply with the manufacturer's or distributor's reasonable sales performance criteria, the manufacturer, distributor or franchisor representative shall, at least 180 days before sending any notice of termination or nonrenewal described in subsection (b) inform said motor vehicle dealer in writing of the sales performance deficiency and shall include a specific statement as to what the dealer must achieve in terms of sales performance in order to cure the deficiency. The writing shall explicitly state that a notice of termination or nonrenewal shall follow should the sales performance deficiency not be cured within the 180 day cure period. If the basis for the termination of or refusal to renew the franchise agreement of a powersport vehicle dealer is due to a failure to comply with the manufacturer's or distributor's reasonable sales performance criteria, the manufacturer, distributor or franchisor representative shall, at least 135 days prior to sending any notice of termination or nonrenewal described in subsection (b), inform the powersport vehicle dealer in writing of the sales performance deficiency and shall include a specific statement as to what the dealer must achieve in terms of performance in order to cure the deficiency. The writing shall explicitly state that a notice of termination or nonrenewal shall follow should the sales performance deficiency not be cured within the 135 day cure period.

(d) Notwithstanding subsection (b), only 15 days notice before an effective termination date shall be required if:

(1) a motor vehicle dealer's facilities have been abandoned or closed for more than 7 consecutive business days;

(2) a motor vehicle dealer or any dealer principal named in the franchise agreement has pleaded no contest, pleaded guilty to or has been convicted of a felony, whether or not related to the motor vehicle dealer's operation of its dealership;

(3) a motor vehicle dealer becomes insolvent, or any petition is filed by or against a motor vehicle dealer under any bankruptcy or receivership law; or

(4) any license that a motor vehicle dealer is required to have to operate its dealership is revoked, suspended or not renewed.

(e) In no event shall any franchise agreement expire, without the written consent of the motor vehicle dealer involved, before the expiration of the applicable notice period set forth in subsection (b) or (d), as applicable.

(f) Within the applicable notice period set forth in subsections (b) or (d), either the motor vehicle dealer or the manufacturer or distributor may file a complaint in the superior court, or if applicable in the federal district court for the district of Massachusetts, to enforce or enjoin a termination, nonrenewal or renewal upon changes, amendments, additions or deletions of the type described in subsection (a); but nothing contained in this subsection shall relieve a party from the requirements of subsection (b) of section 15. Unless otherwise agreed to in writing by the parties, trial shall be held within 120 days of the expiration of the applicable notice period but not sooner than 90 days after the expiration of the applicable notice period, notwithstanding any standing orders, presumptive time standards, or administrative directives issued or established by the superior court or the federal district court providing for either an earlier or later time for trial. Failure of either party to file a complaint within the time period set forth in subsections (b) and (d) shall bar the filing of a complaint on such grounds at any time in the future. If no protest is filed by any party having received proper notice, or if no injunction is issued during protest litigation, or if the injunction is vacated or dissolved, the termination, nonrenewal or modification may proceed.

(g) The court shall have authority, applying customary standards governing the issuance of injunctive relief in accordance with Massachusetts or Federal Rules of Civil Procedure, as applicable, to enjoin the effective date of the termination or nonrenewal or to enjoin the implementation of a renewal franchise agreement, pending a determination by the trial court of the issues raised by a complaint filed pursuant to subsection (f). Pending a decision by the court on any motion for an injunction, the manufacturer or distributor and motor vehicle dealer shall in good faith perform all obligations incumbent upon them under the franchise agreement and applicable law.

(h) For purposes of this section, good cause may be found if the motor vehicle dealer failed to comply with or observe a provision of the franchise agreement that is material to the franchise relationship, including without limitation, reasonable sales and service performance criteria and capital, personnel, and facility requirements, which were communicated in writing to the motor vehicle dealer within a reasonable period before the effective date of the termination or nonrenewal, such that a reasonable opportunity to cure was afforded.

(i) For purposes of this section, the following conditions shall not constitute good cause:

(1) the motor vehicle dealer's refusal to purchase or accept delivery of any parts, accessories or any other goods, products or services provided or supplied by the manufacturer or distributor which were not ordered or requested;

(2) a manufacturer or distributor requiring, as a term or condition to entering into a renewal franchise agreement, that a motor vehicle dealer or dealer principal relinquish or diminish the extent of any right that exists under an expiring franchise agreement to dual; but if the expiring franchise agreement states that the motor vehicle dealer or dealer principal may not dual, the manufacturer or distributor may require the continuation of the provision as a condition to entering into a renewal franchise agreement.

(j) In determining whether good cause has been established for terminating, refusing to extend or renew or changing or modifying the obligations of the motor vehicle dealer as a condition to offering a renewal, replacement or succeeding franchise agreement, the court shall consider all pertinent circumstances, that may include, but shall not be limited to:

(1) the amount of business transacted by the affected motor vehicle dealer during the 3 year period immediately preceding such notice as compared to the business available to it;

(2) the investment necessarily made and obligations incurred by the affected motor vehicle dealer to perform its obligations under the existing franchise agreement;

(3) the permanency of the investment of the affected motor vehicle dealer;

(4) whether it is injurious or beneficial to the public welfare for the franchise agreement of the affected motor vehicle dealer to expire, to be modified, or to be terminated, or for the affected motor vehicle dealer to be replaced;

(5) whether the affected motor vehicle dealer has adequate motor vehicle sales and service facilities, equipment, vehicle parts and qualified personnel to reasonably provide for the needs of the consumers for motor vehicles handled by the affected motor vehicle dealer;

(6) whether the affected motor vehicle dealer has been and is rendering adequate services to the public; and

(7) the existence and materiality of any breaches, defaults or violations by the affected motor vehicle dealer of the terms or provisions of the existing franchise agreement or of applicable law.

(k) In the event of a termination of a franchise agreement or cessation of a line make, regardless of cause, the manufacturer or distributor shall:

(1) within 90 days from the effective date of the termination, repurchase all new, unused, undamaged and unaltered motor vehicles of the current model year that it sold to the dealer and any other such vehicles that it sold to the dealer within 180 days before the notice of termination, at a price equal to the amount paid by the motor vehicle dealer including, but not limited to, transportation charges, less all incentives and allowances received by the dealer; provided, however, that the motor vehicles which are recreational vehicles of the current model year and any other recreational vehicles sold to the dealer within 180 days before the notice of termination shall be repurchased; provided, further, that this clause shall not apply to a recreational vehicle manufacturer if the termination was initiated by the dealer for reasons other than the manufacturer's material breach of contract; and provided, further, that the dealer shall have transferred to the manufacturer or distributor full right and legal title to the vehicles before their repurchase;

(2) if requested by the dealer within the same 90-day period, repurchase all genuine new and unused motor vehicle parts and accessories that it sold to the motor vehicle dealer so long as the parts and accessories are undamaged, in their original packaging and listed in the current parts and accessories price list of the manufacturer or distributor, at a price equal to the wholesale price stated in the current parts and accessories price list of the manufacturer or distributor including, but not limited to, transportation charges, less all incentives and allowances received by the dealer and without reduction for such repurchase or for processing or handling the repurchase; provided, however, that the dealer shall have transferred to the manufacturer or distributor full right and legal title to the equipment before their repurchase;

(3) if requested by the dealer within the same 90-day period, repurchase the new and used equipment that it sold to the motor vehicle dealer within 3 years from the effective date of termination at its then fair market value including, but not limited to, signs, special tools and manuals, which the manufacturer or distributor required the motor vehicle dealer to purchase, the repurchase amount shall include transportation charges assessed on the dealer; provided, however, that the dealer shall have transferred to the manufacturer or distributor full right and legal title to the equipment before their repurchase; and

(4) in the event of a termination that is the result of the cessation of a line make, if requested by the dealer within the same 90-day period, pay: (i) the fair market value of the goodwill of the franchise as of the date immediately preceding the manufacturer or distributor's announcement of a termination or announcement that a line make is being discontinued; and (ii) if the dealer leases the facility from an unrelated and unaffiliated person or entity, the cost of the lease for the facilities used for the franchise or line make for the unexpired term of the lease not to exceed 1 year; provided, however, that if a facility is used for the operation of more than 1 franchise, the reasonable rent owed by the manufacturer shall be based on the portion of the facility utilized by the terminated franchise; provided, further, that the dealer shall attempt in good faith to mitigate the expense by attempting to terminate its lease obligations or to sublease or assign the lease, reimbursing or crediting the manufacturer or distributor for any money received in connection with the termination, sublease or assignment of the lease; provided, further, that the dealer shall provide the manufacturer or distributor with documentation indicating that it has made a good faith effort to terminate its lease obligations and to assign the lease or sublease the space including, but not limited to, a copy of an agreement with a commercial real estate broker to obtain such an assignment or sublease; and (iii) if requested by the manufacturer or distributor, the dealer shall make the facility available to the manufacturer or distributor for use by it or its nominee for a time period equivalent to the time period covered by any such payment from the manufacturer or distributor to the dealer; provided, further, that this clause shall not apply to a termination of a recreational vehicle or a powersport vehicle franchise or a termination of a recreational vehicle or powersport vehicle line make; provided, further, that this clause shall only apply to a manufacturer or distributor that made the decision to terminate or discontinue the line make and shall not impose any obligations on a manufacturer or distributor that was not the decision maker.

(5) This subsection shall not apply in the event of a sale of the assets or stock of a motor vehicle dealership.

(l) In the event that a termination or nonrenewal becomes effective, the former motor vehicle dealer shall immediately cease all use of, and remove from public display, all identifying marks or logotypes which it formerly was permitted to use under the franchise agreement, including but not limited to the prompt removal of signage from the dealership premises.

(m) The burden to establish that a termination, nonrenewal or renewal upon changes, amendments, additions or deletions of the type described in subsection (a) was for good cause shall be upon the manufacturer or distributor. The burden to establish that a termination, nonrenewal or renewal upon changes, amendments, additions or deletions of the type described in subsection (a) was in bad faith, or was in an arbitrary or unconscionable manner, shall be upon the motor vehicle dealer.

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Mass. Gen. Laws ch.93H § 1. Definitions.(a) As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:--

“Agency”, any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or any of its branches, or of any political subdivision thereof.

“Breach of security”, the unauthorized acquisition or unauthorized use of unencrypted data or, encrypted electronic data and the confidential process or key that is capable of compromising the security, confidentiality, or integrity of personal information, maintained by a person or agency that creates a substantial risk of identity theft or fraud against a resident of the commonwealth. A good faith but unauthorized acquisition of personal information by a person or agency, or employee or agent thereof, for the lawful purposes of such person or agency, is not a breach of security unless the personal information is used in an unauthorized manner or subject to further unauthorized disclosure.

“Data” any material upon which written, drawn, spoken, visual, or electromagnetic information or images are recorded or preserved, regardless of physical form or characteristics.

“Electronic”, relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

“Encrypted” transformation of data through the use of a 128-bit or higher algorithmic process into a form in which there is a low probability of assigning meaning without use of a confidential process or key, unless further defined by regulation of the department of consumer affairs and business regulation.

“Notice” shall include:--

(i) written notice;

(ii) electronic notice, if notice provided is consistent with the provisions regarding electronic records and signatures set forth in § 7001 (c) of Title 15 of the United States Code; and chapter 110G; or

(iii) substitute notice, if the person or agency required to provide notice demonstrates that the cost of providing written notice will exceed $250,000, or that the affected class of Massachusetts residents to be notified exceeds 500,000 residents, or that the person or agency does not have sufficient contact information to provide notice.

“Person”, a natural person, corporation, association, partnership or other legal entity.

“Personal information” a resident's first name and last name or first initial and last name in combination with any 1 or more of the following data elements that relate to such resident:

(a) Social Security number;

(b) driver's license number or state-issued identification card number; or

(c) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password, that would permit access to a resident's financial account; provided, however, that “Personal information” shall not include information that is lawfully obtained from publicly available information, or from federal, state or local government records lawfully made available to the general public.

“Substitute notice”, shall consist of all of the following:--

(i) electronic mail notice, if the person or agency has electronic mail addresses for the members of the affected class of Massachusetts residents;

(ii) clear and conspicuous posting of the notice on the home page of the person or agency if the person or agency maintains a website; and

(iii) publication in or broadcast through media or medium that provides notice throughout the commonwealth.

(b) The department of consumer affairs and business regulation may adopt regulations, from time to time, to revise the definition of “encrypted”, as used in this chapter, to reflect applicable technological advancements.

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Mass. Gen. Laws ch.93B § 7.
Advertising by manufacturer, distributor or dealer; new motor vehicle prices; charges included.
(a) No manufacturer, distributor or dealer shall use any false or misleading advertisement in connection with its business as a manufacturer, distributor or dealer.

(b) Any motor vehicle dealer advertising the price of a new motor vehicle shall include all charges of any type, except taxes, and shall include, without limitation, any charges for freight, handling or preparation necessary or usual before delivery to the consumer.

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Mass. Gen. Laws ch.93B § 8.
Indemnification of dealer; negligence of manufacturer; indemnification of manufacturer, distributor; negligence of dealer; court action.
(a) Notwithstanding any terms or provisions of a franchise agreement to the contrary, a manufacturer or distributor shall indemnify its motor vehicle dealers and hold them harmless from and against all damages, liabilities, losses, and reasonable expenses of suit, including reasonable attorneys' fees, arising out of or incurred in the defense of any claim brought by any person seeking compensation or other relief predicated upon the negligent design or manufacture of a new motor vehicle, or any part or component thereof, manufactured or distributed by the manufacturer or distributor where the basis for liability is finally determined by a court to be solely the result of such negligence by manufacturer or distributor and not in any way the result of any fault or neglect on the part of the motor vehicle dealer. The manufacturer or distributor, after having been notified promptly in writing by the motor vehicle dealer that the claim has been asserted and is pending, shall assume the defense thereof and resolve the same at its own expense.

(b) Notwithstanding any terms or provisions of a franchise agreement to the contrary, a motor vehicle dealer shall indemnify the manufacturer of any new motor vehicle purchased or otherwise acquired by the motor vehicle dealer, and any distributor through which it purchased or acquired the same, and hold them harmless from and against all damages, liabilities, losses and reasonable expenses of suit, including reasonable attorneys' fees, arising out of or incurred in the defense of any claim brought by any person seeking compensation or other relief predicated upon the negligent act or omission of the motor vehicle dealer where the basis for liability is finally determined by a court to be solely the result of the negligence of the motor vehicle dealer and not in any way the result of any fault or neglect on the part of the manufacturer or distributor. The motor vehicle dealer, after having been notified promptly in writing by manufacturer or distributor that a claim has been asserted and is pending, shall assume the defense thereof and resolve the same at its own expense.

(c) Any person entitled to indemnification under this section may bring an action in superior court, or if applicable in the federal district court for the district of Massachusetts, by way of original complaint, counterclaim or third-party action. If the court finds for the person, recovery shall be in the amount of actual damages, plus reasonable attorneys' fees and costs; but the person against whom any claim is asserted under this section may tender within 30 days after service of the complaint in the action a written offer of settlement containing specific settlement terms. If the offer of settlement is not accepted within 15 days, and if the court finds that the relief offered was reasonable in relation to the actual damages, not including attorneys' fees and costs, the court award shall not exceed the amount offered.

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Mass. Gen. Laws ch.93B § 6.
New motor vehicle dealer franchise locations; relocation of existing franchises; notice; good cause; protest by other franchises; burden of proof.
(a) Except as provided in subsection (b) of this section, it shall be a violation of subsection (a) of section 3 for a manufacturer, distributor or franchisor representative without good cause, in bad faith or in an arbitrary or unconscionable manner to:

(1) grant or enter into a franchise agreement with a person who would be permitted under or required by the franchise agreement to conduct its dealership operations from a site any boundary of which is situated within the relevant market area of an existing motor vehicle dealer representing the same line make, regardless of whether said franchise agreement delineates a specific area of responsibility or provides that the area of responsibility of said existing motor vehicle dealer is to be shared or operated in common with others; or

(2) permit the relocation of an existing motor vehicle dealer representing the same line make as another existing motor vehicle dealer to a site any boundary of which is within the relevant market area of an existing motor vehicle dealer which is not relocating, regardless of whether the franchise agreement of either motor vehicle dealer delineates a specific area of responsibility or provides that the area of responsibility of either motor vehicle dealer is to be shared or operated in common with others; but a dealer of the same line make shall not be permitted to file a protest if the site of the proposed relocation is farther away from said protesting dealer than the existing location.

(b) Nothing contained in this section shall prohibit or prevent:

(1) the relocation of an existing motor vehicle dealer to a location within the existing dealer's own relevant market area; if the proposed new location is not within a 4 mile radius of any other same line make motor vehicle dealer unless the site of the proposed relocation is farther away from the protesting dealer than the existing location;

(2) the appointment of a successor motor vehicle dealer at the same location as its predecessor, or within a 2 mile radius from any boundary of the predecessor's former location, but at a location that is not within a 4 mile radius of any boundary of any other same line make motor vehicle dealer unless the site of the proposed location is farther away from the protesting dealer than the existing location, within 1 year from the date on which the predecessor ceased operations or was terminated, whichever occurred later; or

(3) the entering into of a renewal, replacement or succeeding franchise agreement with an existing motor vehicle dealer whose operations will continue at the dealer's then current location. Nothing contained in this paragraph shall relieve a manufacturer or distributor from complying with the provisions of section 5 if the renewal, replacement or succeeding franchise agreement contains any term or condition the effect of which is to substantially change the sales and service obligations, capital requirements or facilities requirements of the motor vehicle dealer, or amends, adds or deletes any other material term or condition set forth in the motor vehicle dealer's franchise agreement.

A motor vehicle dealer shall be limited to a relocation of an existing point under paragraph (1) or to the appointment of a successor at a site under paragraph (2) once within a 2-year period.

(c) Any manufacturer or distributor which intends to grant or enter into an additional franchise agreement or to approve the relocation of an existing dealer, other than an appointment, relocation or renewal of a type described in subsection (b), shall, at least 90 days before granting the additional franchise, entering into the franchise agreement or approving the relocation, send written notice of its intention to do so to each motor vehicle dealer with a franchise agreement covering the same line make into whose relevant market area the proposed new franchise or relocated dealer will be located. The notice shall state the effective date on or after which the proposed franchise shall be granted or entered into or relocation approved, list specific grounds forming the basis for the appointment or relocation based upon information known by the manufacturer or distributor at the time that the notice is sent, and state the address to which any protest hereunder shall be delivered or sent.

(d) Within 45 days after the notice required under subsection (c) has been sent, any motor vehicle dealer into whose relevant market area the additional dealer is to be located or relocated may object to the appointment or relocation, as the case may be, by sending a protest in writing to the location specified in the manufacturer's or distributor's notice. The protest shall list the specific grounds forming the basis for filing the protest based upon information known by the protesting dealer at the time that the protest is sent.

(e) If a written protest is provided by a motor vehicle dealer in the manner and time required by subsection (d), either the motor vehicle dealer or the manufacturer or distributor may file a complaint, within 90 days after the notice required under subsection (c) was sent to the protesting motor vehicle dealer, in the superior court, or if applicable in the federal district court for the district of Massachusetts, to enforce or enjoin the proposed appointment or relocation; but nothing contained in this subsection shall relieve a party from the requirements of subsection (b) of section 15. Unless otherwise agreed to in writing by the parties, trial shall be held within 120 days of the expiration of the notice period set forth in subsection (c) but not sooner than 90 days after the expiration of the notice period, notwithstanding any standing orders, presumptive time standards, or administrative directives issued or established by the superior court or the federal district court providing for either an earlier or later time for holding the trial. Failure of either party to file a complaint within the time period set forth in this subsection shall bar the filing of a complaint on such grounds at any time in the future. If no protest is filed by any party having received proper notice, or if no injunction is issued during protest litigation, or if any such injunction is vacated or dissolved, the appointment or relocation may proceed.

(f) In all judicial proceedings concerning the protest:

(1) the fact that a protesting dealer has standing shall not be considered by the court in assessing the merits of the protest;

(2) the proposed new dealer appointee or proposed relocating dealer, as the case may be, if it so desires, shall be permitted by the court to participate as a party in an ongoing action solely for the purpose of presenting evidence concerning any of the factors listed in subsection (g); but the proposed new dealer appointee or proposed relocating dealer shall not be entitled to initiate a suit or to recover any damages or attorneys' fees pursuant to this chapter; and

(3) the court shall have the authority, applying customary standards governing the issuance of injunctive relief in accordance with Massachusetts or Federal Rules of Civil Procedure, as applicable, to enjoin the proposed appointment or relocation pending a determination by the trial court of the issues raised by a complaint filed pursuant to subsection (e).

(g) In determining whether the proposed appointment or relocation is for good cause, the court shall consider all pertinent circumstances, that include but are not limited to:

(1) whether the establishment of the additional franchise or relocation of the existing motor vehicle dealer appeared to be warranted by economic and marketing conditions including anticipated future changes;

(2) the retail sales and service business transacted by the protesting motor vehicle dealer or dealers and other motor vehicle dealers of the same line make with a place of business in the relevant market area to be served by the additional franchise or proposed new location of an existing motor vehicle dealer during the 3 year period immediately preceding the notice as compared to the business available to them;

(3) the investment necessarily made and obligations incurred by the protesting motor vehicle dealer or dealers to perform their obligations under existing franchise agreements;

(4) the permanency of the investment of the protesting motor vehicle dealer or dealers;

(5) whether it is beneficial or injurious to the public welfare for an additional franchise to be established or for the existing motor vehicle dealer to be relocated;

(6) whether the protesting motor vehicle dealer or dealers and other motor vehicle dealers of the same line make with a place of business in the relevant market area to be served by the additional franchise or proposed relocating motor vehicle dealer are providing adequate competition and convenient consumer care for the motor vehicles of the same line make owned or operated by residents and persons with places of business in the relevant market area to be served by the additional franchise or proposed relocating motor vehicle dealer;

(7) whether the protesting motor vehicle dealer or dealers and other motor vehicle dealers of the same line make with a place of business in the relevant market area to be served by the additional franchise or proposed relocating motor vehicle dealer have adequate motor vehicle sales and service facilities, equipment, vehicle parts and qualified personnel to reasonably provide for the needs of the consumers in the relevant market area to be served by the additional franchise or proposed relocating motor vehicle dealer; and,

(8) whether the establishment of an additional franchise or relocation of an existing motor vehicle dealer would increase competition and therefore be in the public interest.

(h) The burden to establish that a proposed appointment or relocation is for good cause shall be upon the manufacturer or distributor. The burden to establish that a proposed appointment or relocation is in bad faith, or is in an arbitrary or unconscionable manner, shall be upon the protesting motor vehicle dealer.

(i) In the event a dealer is terminated, cancelled or not renewed as a result of the discontinuation of a line make or insolvency of a franchisor, for a period of 2 years from the date that the former franchisee ceased operations, it shall be unlawful for a successor manufacturer or distributor to enter into a same line make franchise as that operated by the former franchisee of the predecessor manufacturer with any person or to permit the relocation of any existing same line make franchise for the same line make represented by the former franchisee that would be located or relocated within the relevant market area of the former franchisee without first receiving written permission to do so from the majority owner of the former franchisee, or the majority owner's designated successor if the dealer principal of the former franchisee is deceased or disabled. Written permission from the former franchisee shall not be required if:

(i) the manufacturer or distributor has offered to reinstate or appoint the former franchisee at no cost and without any requirements or restrictions other than those imposed generally on the manufacturer's other franchisees at that time and provided that the former franchisee meets the manufacturer's reasonable requirements for appointment as a dealer; (ii) the manufacturer or distributor has paid the former franchisee or designated successor all termination assistance as required by section 5; (iii) as a result of the former franchisee's termination of the franchise, the predecessor manufacturer had consolidated the line make with another of its line makes for which the predecessor manufacturer had a franchisee with a then existing dealership facility located within the relevant market area; or (iv) unless the former franchisee was eligible to seek reinstatement of the franchise subject to such termination under section 747 of the Consolidated Appropriations Act, 2010 and for any reason failed to secure such relief; provided, however, that this clause shall not apply to franchisors and franchisees of recreational or powersport vehicles.

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Mass. Gen. Laws ch.93B § 7.
Advertising by manufacturer, distributor or dealer; new motor vehicle prices; charges included.
(a) No manufacturer, distributor or dealer shall use any false or misleading advertisement in connection with its business as a manufacturer, distributor or dealer.

(b) Any motor vehicle dealer advertising the price of a new motor vehicle shall include all charges of any type, except taxes, and shall include, without limitation, any charges for freight, handling or preparation necessary or usual before delivery to the consumer.

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Mass. Gen. Laws ch.93B § 8.
Indemnification of dealer; negligence of manufacturer; indemnification of manufacturer, distributor; negligence of dealer; court action.
(a) Notwithstanding any terms or provisions of a franchise agreement to the contrary, a manufacturer or distributor shall indemnify its motor vehicle dealers and hold them harmless from and against all damages, liabilities, losses, and reasonable expenses of suit, including reasonable attorneys' fees, arising out of or incurred in the defense of any claim brought by any person seeking compensation or other relief predicated upon the negligent design or manufacture of a new motor vehicle, or any part or component thereof, manufactured or distributed by the manufacturer or distributor where the basis for liability is finally determined by a court to be solely the result of such negligence by manufacturer or distributor and not in any way the result of any fault or neglect on the part of the motor vehicle dealer. The manufacturer or distributor, after having been notified promptly in writing by the motor vehicle dealer that the claim has been asserted and is pending, shall assume the defense thereof and resolve the same at its own expense.

(b) Notwithstanding any terms or provisions of a franchise agreement to the contrary, a motor vehicle dealer shall indemnify the manufacturer of any new motor vehicle purchased or otherwise acquired by the motor vehicle dealer, and any distributor through which it purchased or acquired the same, and hold them harmless from and against all damages, liabilities, losses and reasonable expenses of suit, including reasonable attorneys' fees, arising out of or incurred in the defense of any claim brought by any person seeking compensation or other relief predicated upon the negligent act or omission of the motor vehicle dealer where the basis for liability is finally determined by a court to be solely the result of the negligence of the motor vehicle dealer and not in any way the result of any fault or neglect on the part of the manufacturer or distributor. The motor vehicle dealer, after having been notified promptly in writing by manufacturer or distributor that a claim has been asserted and is pending, shall assume the defense thereof and resolve the same at its own expense.

(c) Any person entitled to indemnification under this section may bring an action in superior court, or if applicable in the federal district court for the district of Massachusetts, by way of original complaint, counterclaim or third-party action. If the court finds for the person, recovery shall be in the amount of actual damages, plus reasonable attorneys' fees and costs; but the person against whom any claim is asserted under this section may tender within 30 days after service of the complaint in the action a written offer of settlement containing specific settlement terms. If the offer of settlement is not accepted within 15 days, and if the court finds that the relief offered was reasonable in relation to the actual damages, not including attorneys' fees and costs, the court award shall not exceed the amount offered.

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Mass. Gen. Laws ch.93B § 9.
Delivery and preparation obligations; express warranty agreements; audit of claims.
(a) Every manufacturer or distributor shall specify to its motor vehicle dealers the delivery and preparation work, if any, to be performed by its motor vehicle dealers. The compensation provided for the services shall be reasonable.

(b)(1) A manufacturer or distributor shall specify in writing to each of its dealers the dealer's obligations for predelivery preparation and warranty service on its products and shall compensate the dealer for such preparation and service. A manufacturer or distributor shall within a reasonable time fulfill its obligations under all express warranty agreements made by it with respect to a product manufactured, distributed or sold by it and shall adequately and fairly compensate any motor vehicle dealer who, under its franchise obligations, furnishes labor, parts and materials under the warranty or maintenance plan, extended warranty, certified preowned warranty or a service contract, issued by the manufacturer or distributor or its common entity, unless issued by a common entity that is not a manufacturer; to fulfill a manufacturer or distributor's delivery or preparation procedures or to repair a motor vehicle as a result of a manufacturer or distributor's or common entity's recall, campaign service, authorized goodwill, directive or bulletin. For the purposes of motor vehicle dealers, fair and adequate compensation shall not be less than the rate and price customarily charged for retail customer repairs and computed under paragraph (2); provided, however, that fair and adequate compensation shall, for purposes of this section for powersport vehicles, be computed at the rate normally charged by the motor vehicle dealer to the public for the labor and materials and shall include a fair charge for diagnostic and test services; provided, further, that fair and adequate compensation shall, for purposes of this section for recreational vehicles, be computed at the rate normally charged by the motor vehicle dealer to the public for the labor and shall include a fair charge for diagnostic and test services and shall be computed for the materials at the rate of not less than actual wholesale cost, plus a handling charge of 30 per cent of the cost and the cost, if any, of freight to return the warranty materials to the manufacturer. For the purposes of this subsection, “labor” shall include time spent by employees for diagnosis and repair of a vehicle, “parts” shall include replacement parts and accessories and “retail customer repair” shall mean work, including parts and labor, performed by a dealer which does not come within a manufacturer's, distributor's or its common entity's warranty, extended warranty, certified preowned warranty, service contract or maintenance plan and excludes parts and labor described in clause (iii) of paragraph (2).

(2)(i) In determining the rate and price customarily charged by the motor vehicle dealer to the public for parts, the compensation may be an agreed percentage markup over the dealer's cost under a writing separate and distinct from the franchise agreement signed after the dealer's request, but if an agreement is not reached within 30 days after a dealer's written request to be compensated under this section, compensation for parts shall be calculated by utilizing the method described in this paragraph.

The retail rate customarily charged by the dealer for parts shall be established by the dealer submitting to the manufacturer or distributor 100 sequential nonwarranty or customer-paid service repair orders or 60 consecutive days of nonwarranty, customer-paid service repair orders, whichever is less, each of which includes parts that would normally be used in warranty repairs and covered by the manufacturer's warranty, covering repairs made not more than 180 days before the submission and declaring the average percentage markup. The average of the markup rates shall be presumed to be fair and reasonable. The retail rate shall go into effect 30 days following the declaration, subject to audit of the submitted repair orders by the franchisor and a rebuttal of the declared rate. If the declared rate is rebutted, the manufacturer or distributor shall propose an adjustment of the average percentage markup based on the rebuttal not later than 30 days after submission. If the dealer does not agree with the proposed average percentage markup, the dealer may file an action in a court of competent jurisdiction not later than 30 days after receipt of the proposal by the manufacturer or distributor. In an action commenced under this paragraph, the manufacturer or distributor shall have the burden of proving that the rate declared by the dealer was inaccurate or unreasonable.

(ii) The retail rate customarily charged by the dealer for labor may be established by submitting to the manufacturer or distributor 100 sequential nonwarranty, customer-paid service repair orders or 60 consecutive days of nonwarranty, customer-paid service repair orders, whichever is less, covering repair orders made not more than 180 days before the submission and dividing the amount of the dealer's total labor sales by the number of total labor hours that generated those sales. The average labor rate shall be presumed to be fair and reasonable. The average labor rate shall go into effect 30 days following the declaration, subject to audit of the submitted repair orders by the franchisor and a rebuttal of the declared rate. If the declared rate is rebutted, the manufacturer or distributor shall propose an adjustment of the average labor rate based on the rebuttal not later than 30 days after submission. If the dealer does not agree with the proposed average labor rate, the dealer may file an action in a court of competent jurisdiction not later than 30 days after receipt of the proposal by the manufacturer or distributor. In any action commenced under this paragraph, the manufacturer or distributor shall have the burden of proving that the rate declared by the dealer was inaccurate or unreasonable.

(iii) In calculating the retail rate customarily charged by the dealer for parts and labor, the following work shall not be included in the calculation: (a) routine maintenance not covered under any retail customer warranty, such as fluids, filters and belts not provided in the course of repairs; (b) items that do not have an individual part number such as some nuts, bolts, fasteners and similar items; (c) tires; and (d) vehicle reconditioning.

(iv) If a manufacturer or distributor furnishes a part or component to a dealer, at no cost, to use in performing repairs under a recall, campaign service action or warranty repair, the manufacturer or distributor shall compensate the dealer for the part or component in the same manner as warranty parts compensation under this section by compensating the dealer the average markup on the cost for the part or component as listed in the manufacturer's or distributor's price schedule less the cost for the part or component.

(v) A manufacturer or distributor shall not require a dealer to establish the retail rate customarily charged by the dealer for parts and labor by an unduly burdensome or time-consuming method or by requiring information that is unduly burdensome or time consuming to provide including, but not limited to, part-by-part or transaction-by-transaction calculations. A dealer shall not declare an average percentage markup or average labor rate more than once in a calendar year.

(vi) A manufacturer or distributor shall not establish or implement a special part or component number for parts used in predelivery, dealer preparation, warranty, extended warranty, certified preowned warranty, recall, campaign service, authorized goodwill or maintenance-only applications if it results in lower compensation to the dealer than as calculated in this subsection.

(vii) A manufacturer or distributor shall not require, influence or attempt to influence a motor vehicle dealer to implement or change the prices for which it sells parts or labor in retail customer repairs. A manufacturer or distributor shall not implement or continue a policy, procedure or program to any of its dealers in the commonwealth for compensation which is inconsistent with this subsection.

(3) Time allowances for the diagnosis and performance of warranty work and service shall be reasonable and adequate for the work to be performed.

(4) All claims by dealers under this subsection for labor and parts and all claims for compensation relative to any sales incentive programs shall be paid not later than 30 days after approval by the manufacturer or distributor; provided, however, that manufacturers or distributors shall retain the right to audit such claims and to chargeback the dealer for false or unsubstantiated claims under this section. Dealers shall be required to maintain defective parts for not longer than 90 days following submission of claims. All such claims shall be either approved or disapproved not later than 30 days after their receipt on forms provided by, and in the manner specified by, the manufacturer or distributor. A claim not disapproved in writing or by means of electronic transmission not later than 30 days after receipt shall be considered approved and payment shall be made within 30 days.

(c) Every manufacturer or distributor shall retain the right to audit claims submitted by a motor vehicle dealer and paid by the manufacturer or distributor for warranty service, parts recall service, and sales incentive, bonus, or other claims relating to the sale of new motor vehicles or services, for 1 year after the date on which a claim is paid or the end of any program period, whichever is later, and to charge back any amounts paid on claims identified in subsections (d) and (e). If there is evidence of fraud or if there has been fraudulent concealment, said manufacturer or distributor shall have a right to audit records for periods exceeding 1 year.

(d) A warranty service or part recall service claim submitted by a motor vehicle dealer and paid by the manufacturer or distributor may be charged back to the motor vehicle dealer only if the claim was fraudulent or false, the repairs were not properly made or were not necessary to remedy the defective condition, or the motor vehicle dealer failed to comply with the reasonable written requirements of the manufacturer or distributor in effect at the time the claim was presented for payment.

(e) A sales incentive, bonus or comparable claim relating to the sale of new motor vehicles or services submitted by a motor vehicle dealer and paid by the manufacturer or distributor may be charged back to the motor vehicle dealer only if the claim was fraudulent or false, the sales were not made, the sales were not timely, or the motor vehicle dealer failed to comply with the reasonable written requirements of the manufacturer or distributor in effect at the time that the claim was presented for payment.

A manufacturer or distributor shall not chargeback a motor vehicle dealer subsequent to the payment of a claim unless a representative of the manufacturer or distributor first meets in person or by video or teleconference with an officer or employee of the dealer or a dealer-designated representative. The unexcused failure or refusal of a dealer or dealer-designated representative to schedule, attend or participate in a meeting with the manufacturer or distributor to which the dealer or dealer-designated representative consented shall relieve the manufacturer or distributor of any further obligation under this subsection; provided, however, that for the purposes of this subsection, an excused failure or refusal of a dealer or a dealer-designated representative to schedule, attend or participate in a meeting with the manufacturer or distributor shall include, but not be limited to: (i) the illness, hospitalization or death of the dealer or the dealer's designee; (ii) the dealer or dealer's designee attending to an emergency or the death of a family member; (iii) the dealer or the dealer's designee attending to an emergency regarding the dealership; (iv) absence caused by military deployment, a weather emergency, an act of God; or (v) the dealer or the dealer's designee attending another dealership-related meeting scheduled by the manufacturer or distributor away from the dealership. At such meeting the manufacturer or distributor shall provide a detailed explanation, with supporting documentation, as to the basis for each of the claims for which the manufacturer or distributor proposed a chargeback to the dealer and a written statement containing the basis upon which the motor vehicle dealer was selected for audit or review. Thereafter, the manufacturer or distributor shall provide the dealer or the dealer's representative with a reasonable period of time after the meeting within which to respond to the proposed chargebacks, with such period to be commensurate with the volume of claims under consideration, but in no case less than 30 days after the meeting. The manufacturer or distributor shall be prohibited from changing or altering the basis for each of the proposed chargebacks as presented to the dealer or the dealer's representative following the conclusion of the audit unless the manufacturer or distributor receives new information affecting the basis for any of the chargebacks. If the manufacturer or distributor claims the existence of new information, the dealer shall have the same right to a meeting and right to respond as when the chargeback was originally presented.

(f) The persons conducting an audit shall use their best efforts while present at the dealership facility not to unreasonably interfere with the ongoing business of the dealer. All audits shall be completed within a reasonable period of time.

(g) In conducting an audit or examination, the amount of a discrepancy for any period shall not be determined in whole or in part by extrapolating audit or examination results from a prior or subsequent period without the consent of the dealer.

(h) The results of each audit or examination shall be compiled in writing and a copy shall be timely provided to the motor vehicle dealer not later than the time that any charge back occurs. The motor vehicle dealer may protest the results of the audit, including the manner in which it was conducted.

(i) It shall be a violation of subsection (a) of section 3 for any manufacturer or distributor to audit or examine any sales or service account or activity of a motor vehicle dealer as retribution because the motor vehicle dealer exercised any right or remedy under this chapter or exercised any right pursuant to its franchise agreement.

(j) If a motor vehicle dealer is required to file an incentive payment claim with the manufacturer or distributor, then the motor vehicle dealer may submit any such incentive claim at anytime within 6 months after the date of the retail sale or the end of the program period, whichever is later; but if the incentive program does not require the motor vehicle dealer to file any claim form or take any action other than to report retail sales to the manufacturer or distributor, then the manufacturer or distributor may base the incentive payment upon the sales which the motor vehicle dealer timely and accurately reports, as determined by the reasonable written requirements of the manufacturer or distributor in effect at the time that the sales were made, during the period of the incentive program.

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Mass. Gen. Laws ch.93B § 10.
Unreasonable dealer or franchise restrictions; voluntary restrictions; right of first refusal; dealer financial data.
(a) It shall be unlawful for a manufacturer or distributor, directly or indirectly, to coerce a motor vehicle dealer to agree to any restrictions relative to transfer, sale, ability to renew, termination, discipline, noncompetition covenants, site control, whether by sublease, collateral pledge of lease, or otherwise, right of first refusal to purchase, option to purchase, compliance with subjective standards and assertion of legal or equitable rights. A refusal by a dealer to grant the restrictions to a manufacturer or distributor shall not be a basis for the manufacturer or distributor to deny an appointment to a new dealer, renewal to an existing dealer or relocation of a dealer's facilities to an existing dealer; but if the dealer has previously and voluntarily granted any of these rights, the manufacturer or distributor may require the terms in a renewal of a franchise agreement.

(b) Nothing contained in subsection (a) shall prevent a motor vehicle dealer and a manufacturer or distributor from freely and voluntarily entering into an agreement containing the restrictions. If a manufacturer or distributor exercises a right of first refusal over a franchise or facilities as described in this subsection, the manufacturer or distributor shall notify the dealer in writing within 45 days of the receipt of the dealer's completed proposal for the transfer, assignment or sale, of its intention to exercise its right of first refusal. Within 30 days of the date of issuance of the notice of intent, the manufacturer or distributor shall exercise the right of first refusal or it shall be considered waived. The manufacturer or distributor shall reimburse all reasonable costs and expenses incurred by the proposed owner or transferee before the new motor vehicle dealer's receipt of the manufacturer or distributor's notice of intent to exercise its right of first refusal. The exercise of the right of first refusal shall result in the dealer and dealer's owners receiving consideration, terms, and conditions that are either the same as or greater than that which they have contracted to receive in connection with the proposed change or transfer. The manufacturer or distributor shall not exercise any right of first refusal over a sale by the motor vehicle dealer to a co-owner of the dealership, to a member of the management of the dealership who was previously approved by the manufacturer or distributor as a management employee, or to an immediate family member of the dealer or co-owner; but nothing contained in this subsection shall relieve a manufacturer or distributor from complying with paragraph (8) of subsection (c) of section 4 if a right of first refusal is not exercised in accordance with this subsection, nor relieve a motor vehicle dealer from complying with paragraph 3 of subsection (d) of said section 4.

(c) It shall be a violation of subsection (a) of section 3 for a manufacturer or distributor to falsely express an intention to exercise a right of first refusal or other right to acquire a motor vehicle dealership from a dealer as a means to influence the consideration or other terms offered by a person in connection with the acquisition of the motor vehicle dealership or to influence a person to refrain from entering into, or to withdraw from, negotiations for the acquisition of the motor vehicle dealership.

(d) A motor vehicle dealer's financial data shall, except for compliance with applicable law or in use in judicial or administrative proceedings, remain the property of the motor vehicle dealer and shall not be made publicly available by the manufacturer or distributor in a manner that identifies the dealer that provided the financial data without the written consent of said dealer.

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Mass. Gen. Laws ch.93B § 11.
Franchise relationship; written or oral agreements; applicability.
This chapter shall apply to all actions by a manufacturer or distributor which relate to the franchise relationship and which arise under any written or oral agreement between the manufacturer or distributor with a motor vehicle dealer including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services or advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and all other such agreements in which said manufacturer or distributor has any direct or indirect interest.

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Mass. Gen. Laws ch.93B § 12.
Franchise agreement renewals; void and unenforceable notice.
If a manufacturer or distributor renews its franchise agreements periodically, it shall do so as their contractual periods expire on terms equally available to all of its motor vehicle dealers in the commonwealth unless there is good cause to do otherwise. Any notification provided by a manufacturer or distributor to the effect that the market being served by a motor vehicle dealer is not considered viable in the future shall be void and unenforceable.

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Mass. Gen. Laws ch.93B § 13.
Free association.
Every manufacturer, distributor, and motor vehicle dealer shall have the right of free association with other manufacturers, distributors, or motor vehicle dealers for any lawful purpose.

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Mass. Gen. Laws ch.93B § 14.
Enforcement.
Upon the written request of a motor vehicle dealer, manufacturer or distributor, the attorney general may enforce compliance with this chapter in accordance with sections 4 to 8, inclusive, of chapter 93A.

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Mass. Gen. Laws ch.93B § 15.
Loss by manufacturer, distributor or motor vehicle dealer; settlement conference; suit for damages and equitable relief; offer of settlement; attorneys' fees and costs; exclusive rights and remedies.
(a) Any manufacturer, distributor or motor vehicle dealer who suffers any loss of money or property, real or personal, as a result of the use or employment by a manufacturer, distributor or motor vehicle dealer of an unfair method of competition or an unfair or deceptive act or practice as defined by this chapter, any act prohibited or declared unlawful by this chapter, or any rule or regulation adopted under this chapter, may bring an action in the superior court, or if applicable in the federal district court for the district of Massachusetts, for damages and equitable relief, including injunctive relief, as described in the following sentence: The party filing suit may obtain equitable relief if it can be demonstrated: (1) that the unfair method of competition, deceptive act or practice, or violation if not enjoined would have a substantial likelihood of causing loss of money or property or of causing damage to the public, and (2) that all other customary standards governing the issuance of injunctive relief in accordance with Massachusetts or Federal Rules of Civil Procedure, as applicable, are met.

(b) Before filing suit under any section of this chapter except section 8, all parties to the dispute shall meet and confer for purposes of discussing settlement. Failure to do so may be deemed evidence during any court proceeding of bad faith on the part of the party making no reasonable effort, or ignoring others' efforts, to confer. If the party prevailing in the suit made no reasonable effort, or ignored others' efforts, to so confer, the party shall be prohibited from collecting an award of attorneys' fees as described in subsection (c).

(c) If the prevailing party in any action or protest brought under this chapter successfully demonstrates to the court that the actions, claims or defenses of the other party were asserted in bad faith, then the court shall, in addition to other relief provided for by this chapter and notwithstanding the amount in controversy and whether the prevailing party has sustained any actual damage, award to the prevailing party its reasonable costs of suit, including reasonable attorneys' fees.

(d) Any person against whom any claim is asserted under this section may tender within 30 days after service of the complaint in the action a written offer of settlement containing specific settlement terms. If the offer of settlement is not accepted within 15 days by the other person, and the court finds that the relief offered was reasonable in relation to the injury actually suffered, not including attorneys' fees and costs, the court award shall not exceed the offer. This subsection shall limit any award of attorneys' fees or costs awarded pursuant to subsection (c).

(e) The rights and remedies provided for in this chapter shall be the exclusive rights and remedies available under state law arising out of a violation of this chapter. Notwithstanding any term or provision of a franchise agreement to the contrary: (1) the laws of the commonwealth shall govern the interpretation of the franchise agreement of a motor vehicle dealer located in the commonwealth and the performance of the parties thereunder, and (2) the courts of the commonwealth and the federal courts with jurisdiction over cases filed in the district of Massachusetts shall have exclusive jurisdiction with respect to any action brought under this chapter or any action brought by a manufacturer, distributor or motor vehicle dealer concerning the franchise of a motor vehicle dealer located in the commonwealth.

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Mass. Gen. Laws ch.93B § 16.
Franchise agreement; void provisions; arbitration, mediation, or alternative dispute resolution clause; voluntariness.
(a) Any provision of a franchise agreement or practice thereunder in violation of this chapter shall be against public policy and shall be void and unenforceable.

(b) A clause or provision in a franchise agreement requiring the parties to submit to arbitration, mediation or any other alternative dispute resolution mechanism before filing suit shall be enforceable only if the parties have voluntarily entered into an agreement to submit to arbitration, mediation or any other alternative dispute resolution mechanism, and the matter is conducted at a reasonable location within the commonwealth; provided, however, that the provisions of this subsection shall not prohibit the enforceability of a clause or provision in a franchise agreement which requires the parties to submit to non-binding mediation; and provided, further, that said non-binding mediation is conducted at a reasonable location within the commonwealth.

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Mass. Gen. Laws ch.93B § 17.
Time limitations; cause of action.
Except as provided in subsection (f) of section 5 and subsection (e) of section 6, actions arising out of this chapter shall be commenced within 4 years next after the cause of action accrues; but if a person liable hereunder fraudulently conceals the cause of action from the knowledge of the person entitled to bring it, the period prior to the discovery of its cause of action by the person so entitled shall be excluded in determining the time limit for the commencement of the action. If a cause of action accrues during the pendency of any civil, criminal or administrative proceeding against a person brought by the United States or any of its agencies under the anti-trust laws, the Federal Trade Commission Act, or any other federal act, or brought by the commonwealth or any of its political subdivisions under the laws of the commonwealth related to anti-trust laws or to franchising, the actions may be commenced within 1 year after the final disposition of the civil, criminal or administrative proceeding.

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Mass. Gen. Laws ch.93B § 18.
Rights and remedies.
All rights and remedies accorded motor vehicle dealers under this chapter shall apply with equal force and effect to a distributor in its dealings with the manufacturer from which it purchases new motor vehicles.

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Mass. Gen. Laws ch.93D § 1.
Definitions.
In this chapter unless the context otherwise requires, the following words shall have the following meanings:


“Interstate system”, that portion of the national system of interstate and defense highways located within this commonwealth, as officially designated, or as may be hereafter so designated, by the department of public works of the commonwealth, and approved by the United States Secretary of Transportation, pursuant to the provisions of Title 23, United States Code, “Highways”.


“Primary systems”, that portion of connected main highways, as officially designated, or as may hereafter be so designated, by the department of public works of the commonwealth, and approved by the United States Secretary of Transportation, pursuant to the provisions of Title 23, United States Code, “Highways”.
“Outdoor advertising”, any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing which is designed, intended or used to advertise or inform, any part of the advertising or information contents of which is visible from any place on the main travelled way of the interstate or primary systems.

“Safety rest area”, an area or site established and maintained within or adjacent to the right of way by or under public supervision or control, for the convenience of the traveling public.

“Secretary”, the United States Secretary of Transportation.

“Urban area”, urban area as defined in subsection (a) of section 101 of Title 23 of the United States Code.

“Board”, outdoor advertising board.

“Information center”, an area or site established and maintained at safety rest areas for the purpose of informing the public of places of interest within the state and providing such other information as the department of highways may consider desirable.

“Department”, the department of highways of the commonwealth.

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Mass. Gen. Laws ch.93D § 2.
Outdoor advertising prohibited; exceptions.
Notwithstanding the provisions of chapter ninety-three, no outdoor advertising shall be erected or maintained within six hundred and sixty feet of the nearest edge of the right-of-way and visible from the main travelled way of a highway in the interstate or primary systems except the following:

(a) Directional and other official signs and notices, which signs and notices shall include, but not be limited to, signs and notices pertaining to natural wonders, scenic and historic attractions, as required or authorized by law or by the department, and which conform to standards promulgated by the secretary under Title 23 of the United States Code.

(b) Signs, displays and devices advertising activities conducted on the property upon which they are located.

(c) Signs, displays and devices advertising the sale or lease of property upon which they are located.

(d) Signs, displays and devices which are located in areas which are zoned industrial or commercial under authority of law and which have permits issued under the provisions of section three.

(e) Signs, displays and devices which are located in unzoned commercial or industrial areas which areas shall be determined from actual land use and defined by regulations to be promulgated by the department and which have permits issued under the provisions of section three.

(f) Signs lawfully in existence on October twenty-second, nineteen hundred and sixty-five and lawfully maintained thereafter, determined by the department in consultation with the board subject to the approval of the secretary, to be landmark signs, including signs on farm structures or natural surfaces, of historic or artistic significance, the preservation of which would be consistent with the purposes of this section, and which have permits issued under the provisions of section three.

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Mass. Gen. Laws ch.93D § 2A.
Outdoor advertising on highway located outside of urban areas.
Notwithstanding the provisions of chapter ninety-three, no outdoor advertising shall be erected or maintained more than six hundred and sixty feet of the nearest edge of the right-of-way and visible from the main travelled way of a highway in the interstate or primary systems if such outdoor advertising is located outside of urban areas and erected with the purpose of their message being read from such main travelled way.

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Mass. Gen. Laws ch.93D § 3.
Permits; compliance with standards and agreements; regulations.
Under the procedures set forth in chapter ninety-three, the board is authorized to issue permits for the erection and maintenance of signs, displays and devices described in clauses (a), (d), (e) and (f), of section two, provided, however, that the erection and maintenance thereof would comply with applicable ordinances and by-laws, with standards promulgated by the Secretary of Transportation under Title 23, United States Code, and with agreements between the department and the said Secretary authorized by section seven of this chapter. Nothing in this section shall apply to signs, displays or devices referred to in clauses (b) and (c) of section two.

Nothing in this chapter shall be construed to prohibit the board from adopting lawful regulations imposing stricter limitations with respect to signs, displays and devices on the interstate and primary systems.

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Mass. Gen. Laws ch.93D § 4.
Violations as a public nuisance; abatement.
Any outdoor advertising which violates the provisions of this chapter shall be deemed a public nuisance. The department shall have the same power to abate and remove any such nuisance as is given the board of health of a town under sections one hundred and twenty-three to one hundred and twenty-five, inclusive, of chapter one hundred and eleven, and the provisions of said sections shall, so far as applicable, apply in the case of a nuisance as herein defined. The remedy provided herein shall be in addition to any other remedy provided by law.

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Mass. Gen. Laws ch.93D § 5.
Injunction; jurisdiction.
The supreme judicial and superior courts shall have jurisdiction in equity upon the petition of the department, the board, the attorney general, of any city or town or any officer thereof, or of any interested party, to restrain the erection or maintenance of any outdoor advertising erected or maintained in violation of any provisions of this chapter, and to order the removal or abatement of such outdoor advertising as a nuisance.

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Mass. Gen. Laws ch.93D § 6.
Maps, informational directories and advertising pamphlets.
The department is hereby authorized to maintain maps and to permit informational directories and advertising pamphlets to be made available at safety rest areas, and to establish centers at safety rest areas for the purpose of informing the public of places of interest within the commonwealth and providing such other information as may be considered desirable.

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Mass. Gen. Laws ch.93D § 7.
Federal agreements.
The department is hereby authorized to enter into an agreement with the United States Secretary of Transportation, as provided by Title 23 of the United States Code, to establish standards for size, lighting and spacing of signs, displays and devices described in subsections (d) and (e) of section two, and to define an unzoned commercial or industrial area for the purposes of said section, and to take action in the name of the commonwealth to comply with the terms of such agreement.

The department is further authorized to enter into an agreement with the Secretary of Transportation as provided by said Title 23 of the United States Code, relating to the establishment of information centers at safety rest areas, and to take action in the name of the commonwealth to comply with the terms of such agreement.

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Mass. Gen. Laws ch.93E § 1.
Definitions.
For the purpose of this chapter, the following words shall, unless the context otherwise requires, have the following meanings:--

“Supplier”, any person engaged in the sale, consignment or distribution of petroleum products to retail outlets.

“Dealer”, any person who is not a petroleum supplier, engaged in the retail sale of gasoline to the motoring public in the commonwealth under written agreements entered into with a petroleum supplier.

“Marketing agreement”, means any agreement either written or oral between a supplier and a retail dealer under which (1) the retail dealer promises to sell or distribute the produce or products of the supplier; (2) the retail dealer is granted the right to use a trademark, trade name, service mark or other identifying symbol or name owned by a manufacturer; or (3) the retail dealer is granted the right to occupy premises owned, leased or controlled by a supplier.

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Mass. Gen. Laws ch.93E § 2.
Agreements to which chapter applies.
This chapter shall apply to agreements pertaining to the sale of gasoline and related products when (a) more than twenty percent of the dealer's gross sales are covered by such agreement and (b) such gross sales covered by such agreement are more than twenty-five thousand dollars yearly.

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Mass. Gen. Laws ch.93E § 3.
Disclosures to prospective dealers.
A supplier shall disclose in writing to any prospective dealer the following information, before any agreement is concluded:--

(a) The gallonage volume history, if any, of the location under negotiation for and during the three year period immediately past or for the entire period which the location has been supplied by the supplier, which ever is shorter.

(b) The name and last known address of the previous dealer or dealers for the last three years, or for and during the entire period which the location has been supplied by the petroleum supplier, whichever is shorter, and the reason or reasons for the termination of each dealer agreement.

(c) Any legally binding commitments for the sale, demolition or other disposition of the location.

(d) The training programs, if any, and the specific goods and services the supplier will provide for and to the gasoline dealer.

(e) Full disclosure of any and all obligations which will be required of the dealer, including but not limited to, any obligation to exclusively deal in any of the products of the supplier, its subsidiaries or any other company or any advertising and promotional items that the dealer must accept.

(f) Full disclosure of all restrictions on the sale, transfer, renewal and termination of the agreement.

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Mass. Gen. Laws ch.93E § 3A.
Required promotions, give-aways, rebates, etc.; prohibition.
No agreement, formal or informal, shall require the use of any promotion, premium, coupon, give-away, or rebate in the operation of the business; provided, however, that a retail dealer may participate in a promotion, premium, coupon, give-away, or rebate sponsored by a supplier and completely paid for by said supplier, or unless said dealer elects to participate at his own expense.

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Mass. Gen. Laws ch.93E § 4.
Termination, etc., of dealership; repurchase of merchandise.
In the event of any termination, assignment, cancellation or failure to renew, whether by mutual agreement or otherwise, a supplier shall within thirty days of such termination, assignment or failure to renew make or cause to be made an offer in good faith to repurchase from the dealer at then current wholesale prices any and all merchantable products purchased by said dealer from the petroleum supplier, provided however, that in such event the petroleum supplier shall have the right to apply the proceeds against any existing indebtedness owed to him by the dealer and further provided that such repurchased obligation is conditioned upon there being no other claims or liens against such products by or on behalf of other creditors of the dealer.

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Mass. Gen. Laws ch.93E § 4A.
Marketing agreements; mandatory non-waiverable provisions.
Every marketing agreement between a supplier and a retail dealer shall be subject to the following non-waiverable provisions, whether or not they are expressly set forth in the agreement:

(a) No agreement between a retail dealer and a supplier shall require a retail dealer to keep his station open for business any specified number of hours per day or days per week.

(b) No party to a marketing agreement with a retail dealer shall withhold his consent to any assignment, transfer or sale of the marketing agreement without first notifying the retail dealer in writing within thirty days prior to the effective date of said agreement, transfer or sale, stating the specific grounds for such refusal to consent to said assignment, transfer, or sale.

(c) A supplier who requires in a marketing agreement a security deposit for a period of one year or longer for the use of a service station or delivery of fuel shall, beginning with the first day of the agreement, pay interest at the rate of six percent per year, payable to the retail dealer within thirty days after the termination of said agreement. The supplier shall return the security deposit or any balance thereof, and interest thereon, after deducting the amount of any damage caused by the retail dealer or any person on the demised premises with his knowledge or consent, reasonable wear and tear excepted, and less any unpaid rent or other indebtedness.

Any deduction for damage or indebtedness pursuant to this section shall be itemized by the manufacturer or supplier with particularity indicating the nature of the repair necessary to correct any damage and the actual or estimated cost thereof, or the nature of the indebtedness, as the case may be.

If the supplier fails to return to the retail dealer such deposit or the balance thereof as provided herein, he shall be liable in damages in an amount equal to twice the amount of such security deposit or balance thereof, plus interest at the rate of six percent from the date on which payment became due.

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Mass. Gen. Laws ch.93E § 5.
Unfair methods of competition; unfair or deceptive acts or practices; prohibition.
(a) Unfair methods of competition and unfair or deceptive acts or practices, as defined in section 5A, are hereby declared to be unlawful.

(b) In construing paragraph (a) the courts may be guided by the interpretations of the Federal Trade Commission Act or the Federal Energy Administration Act as from time to time amended.

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Mass. Gen. Laws ch.93E § 5A.
Termination of marketing agreement upon death of retail dealer; prohibition; successor-in-interest.
(a) It shall be unlawful to include in any marketing agreement any term which provides for the termination of such marketing agreement by a supplier upon the death of the retail dealer if the dealer, prior to his demise, designates a successor-in-interest in a form prescribed by and delivered to the supplier.

(b) For the purpose of this section, “successor-in-interest” shall be restricted to either a surviving spouse or adult child of the retail dealer; provided, however, that such spouse or child, at the time of the dealer's death, shall meet the reasonable qualifications then being required of dealers by the supplier for the operation of such service stations.

(c) This section shall not apply to a marketing agreement until the retail dealer has operated a service station pursuant to such marketing agreement with the supplier for a continuous three-year period.

(d) The designated successor-in-interest shall be allowed twenty-one days after the death of the retail dealer to give written notice to the supplier of his election to assume and operate the service station. Such notification shall contain such information regarding business experience and credit history as is reasonably required by the supplier. The successor-in-interest must offer to assume the marketing agreement in writing three days, excluding Saturdays, Sundays, and holidays, after such election and must commence operation of the service station within ten days after such assumption. Within twenty-one days after the successor-in-interest has elected in writing to assume and operate the service station, the supplier shall give written notice to the successor-in-interest of its approval or disapproval of the successor-in-interest, based upon whether such successor-in-interest meets the supplier's reasonable qualifications required of dealers by the supplier for the operation of such service stations. If the supplier does not approve the successor-in-interest, it shall state its reasons therefor. If the supplier does not reply within the specified twenty-one-day period, approval of the successor-in-interest shall be deemed granted.

(e) A supplier may require that a dealer desiring to designate a successor-in-interest pursuant to this section deposit with such supplier at the time of such designation such sum of money reasonably estimated to be necessary to compensate the supplier for rent for a period of twenty-one days. Such deposit is intended to compensate the supplier in the event that the designated successor-in-interest fails for such period after the death of the dealer to assume the marketing agreement obligation. Any unearned portion of such deposit resulting from the successor-in-interest assuming responsibility for the marketing agreement sooner than twenty-one days after the date of the dealer's death, or from the temporary operation of the service station by the supplier during such twenty-one days, shall be refunded by the supplier to the estate or legal representative of the deceased dealer. In addition to such deposit, the supplier may require a dealer desiring to qualify under this section to arrange for the discharge or performance of other marketing agreement obligations such as, but not limited to, insurance, but excluding any obligation to be open to the public, for a period of up to twenty-one days after his demise.

(f) The marketing agreement available to the successor-in-interest pursuant to this section is intended to be no greater than or less than the marketing agreement as it existed in the name of the deceased dealer at the time of such dealer's death. This section is not intended to expand or diminish the rights of suppliers or dealers under either federal or state law.

(g) A retail dealer may designate a primary and one alternate successor-in-interest. The alternate, if one is designated, shall have no rights under this section in the event of any exercise of rights by the primary successor-in-interest. If an alternate desires to assume and operate the service station in the event the primary successor-in-interest fails to do so, the alternate must give notice of such election and otherwise comply with paragraph (d) of this section.

(h) Unless otherwise specifically provided herein, any actions to be performed by the supplier or by the successor-in-interest hereunder shall in each instance be performed within a reasonable time.

(i) Unless the supplier otherwise agrees in writing, there shall be no operation of the service station following the death of the retail dealer by anyone, other than the supplier for its own account, until all parts of the marketing agreement have been expressly assumed as herein provided, including, but not limited to, such items as lease or leases, products agreement, loaned equipment agreement, federal and state environmental law compliance agreements, licensing, and tax permits.

(j) Following the death of a retail dealer, and prior to the operation of the service station by the successor-in-interest as herein provided, the supplier shall have the option to operate the service station by contract or otherwise for its own account without obligation or duty to the heirs or estate of the deceased dealer or to the successor-in-interest except for the obligation to account to the heirs or the estate of the deceased dealer for the inapplicable portion of any prepaid rent or other sums prepaid to the supplier, and for any physical inventory salvaged from the service station and used or sold by the supplier.

(k) If the successor-in-interest assumes the marketing agreement and there has been no intervening operation of the service station by the supplier, the successor-in-interest shall account to the heirs or estate of the deceased dealer for the value or other disposition of personal property of the dealer located at or related to the service station.

(l) The attorney general shall enforce compliance with the provisions of this section. Upon receipt of a written notice of objection with reasons therefor, as provided in paragraph (d), the successor-in-interest may bring an action against the supplier in any court of competent jurisdiction for wrongfully impeding the transfer of the marketing agreement; provided, however, that any such action must be commenced within ninety days following receipt of such notice of objection. The court, upon finding that the stated reasons for objection are arbitrary, capricious, or unreasonable, may award money damages and grant such equitable relief as it deems proper.

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Mass. Gen. Laws ch.93E § 6.
Dealer trade associations; prevention of membership prohibited.
No supplier shall hinder, coerce or threaten any dealer for the purpose of preventing him from joining any trade association made up of dealers.

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Mass. Gen. Laws ch.93E § 7.
Violations of chapter; actions for damages by dealers; attorney's fees.
A dealer may bring an action for damages sustained as a result of (1) failure to make such disclosures as are required in section three; or (2) failure to make an offer in good faith to repurchase as required in section four; or (3) wrongful termination of or failure to renew his agreement as set forth in section five; or (4) any violation of section six. This remedy is in addition to all other remedies available under contract or provided by law. If the court finds that the violation of this chapter has been willful the court may allow reasonable attorney fees.

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Mass. Gen. Laws ch.93E § 7A.
Enforcement by attorney general; application of other laws.
The attorney general shall enforce compliance with the provisions of this chapter in accordance with section 4 to 8, inclusive, of chapter 93A. Any retail dealer shall have the right to damages as provided in sections 9 and 10 of said chapter 93A. A final judgment, order or decree rendered against a person in any civil, criminal, or administrative proceeding under the United States Anti-Trust Laws,1 under the Federal Trade Commission Act,2 under chapter 93A or under this chapter shall be regarded as prima facie evidence against such person subject to the conditions set forth in the United States Anti-Trust Laws, (15 U.S.C. 16).

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Mass. Gen. Laws ch.93E § 7B.
Void and unenforceable contracts.
Any contract or part thereof or practice thereunder in violation of any provision of this chapter shall be deemed against public policy and shall be void and unenforceable.

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Mass. Gen. Laws ch.93E § 7C.
Severability.
If any provision of this Act, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Act, or the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

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Mass. Gen. Laws ch.93E § 8.
Limitation of actions.
No action may be brought under this chapter for a cause of action which arose more than one year prior to the date such action is brought.

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Mass. Gen. Laws ch.93E § 9.
Application of chapter.
This chapter shall apply only to agreements entered into, renewed or amended on or after November first, nineteen hundred and seventy-two.

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Mass. Gen. Laws ch.93F § 1.
Definitions.
The following words, as used in this chapter, unless the context otherwise requires or a different meaning is specifically prescribed, shall have the following meaning:--

“Bid”, a written offer or proposal by an exhibitor to a distributor, in response to an “invitation to bid”, stating the terms under which the exhibitor will agree to exhibit a motion picture.

“Blind bidding”, the solicitation of bidding for, solicitation of negotiation for, or solicitations of offers for or agreeing to terms for the licensing or exhibition of, a motion picture if the motion picture has not been trade screened within the commonwealth before any such event has occurred.

“Defined geographic area”, a relevant market area as used in the motion picture industry.

“Distributor”, any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing.

“Exhibit” or “exhibition”, showing a motion picture to the public for a charge.

“Exhibitor”, any person engaged in the business of operating one or more theatres.

“Invitation to bid”, a written solicitation or invitation by a distributor to one or more exhibitors to bid for the right to exhibit a motion picture.

“License agreement”, any contract agreement, understanding or condition between a distributor and an exhibitor relating to the licensing of exhibition of a motion picture by the exhibitor.

“Person”, one or more individuals, partnerships, associates, societies, trust, or corporations.

“Run”, the continuous exhibition of a motion picture in a defined geographic area for a specified period of time. A “first run” is the first exhibition of a picture in the designated area, a “second run” is the second exhibition and “subsequent runs” are subsequent exhibitions after the second run. “Exclusive run” is any run limited to a single theatre in a defined geographic area and a “non-exclusive run” is any run in more than one theatre in a defined geographic area.

“Theatre”, any establishment in which motion pictures are exhibited to the public regularly for a charge.

“Trade screening”, the showing of a motion picture by a distributor at some location within Metropolitan Boston which is open to any exhibitor interested in exhibiting the motion picture.

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Mass. Gen. Laws ch.93F § 2.
Blind bidding; trade screening.
Blind bidding is hereby prohibited within the commonwealth. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture before the motion picture has been trade screened within the commonwealth.

A distributor shall include in each invitation to bid for a motion picture for exhibition, if such motion picture has not already been trade screened within the commonwealth, the date, time and place of the trade screening of the motion picture within the commonwealth.

A distributor shall provide reasonable and uniform notice to exhibitors within the commonwealth of all trade screenings within the commonwealth of motion pictures he is distributing.

Any purported waiver of the requirements of this section shall be void and unenforceable.

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Mass. Gen. Laws ch.93F § 3.
Bids; procedures.
If bids are solicited from exhibitors for the licensing of a motion picture within the commonwealth then:--

1. The invitation to bid shall specify (a) the number and length of runs for which the bid is being solicited, whether it is a first, second or subsequent run, and the geographic area for each run; (b) the names of all exhibitors who are being solicited; (c) the date and hour the invitation to bid expires; and (d) the location, including the address, where the bids will be opened, which shall be within the commonwealth.

2. All bids shall be submitted in writing and shall be opened at the same time and in the presence of exhibitors, or their agents, who submitted bids and are present at such time.

3. After being opened, bids shall be subject to examination by exhibitors, or their agents, who submitted bids. Within seven business days after a bid is accepted, the distributor shall notify in writing each exhibitor who submitted a bid of the terms of the accepted bid and the name of the winning bidder.

4. Once bids are solicited, the distributor shall license the picture only by bidding and may negotiate if he does not accept any of the original bids.

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Mass. Gen. Laws ch.93F § 4.
Violations.
Any violations of the provisions of this act shall be deemed to be an unfair and deceptive trade practice, as defined in section two of chapter ninety-three A.

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Mass. Gen. Laws ch.93G § 1.
Definitions.
For purposes of this chapter the following words shall have the following meanings:

“Current net price”, the price listed in the supplier's price list or catalog in effect at the time the dealer agreement is terminated, less any applicable discounts allowed.

“Dealer”, a person, corporation or partnership primarily engaged in the business of retail sales of farm and utility tractors, forestry equipment, light industrial equipment, farm implements, farm machinery, yard and garden equipment, attachments, accessories and repair parts. The term “dealer” shall not include a single line dealer primarily engaged in retail sale and service of industrial, forestry and construction equipment.

“Dealer agreement”, a written or oral contract or agreement between a dealer and a wholesaler, manufacturer or distributor by which the dealer is granted the right to sell or distribute goods or services or to use a trade name, trademark, service mark, logotype, or advertising or other commercial symbol.

“Inventory”, farm, utility, forestry, or light industrial equipment, implements, machinery, yard and garden equipment, attachments or repair parts; provided, however, that inventory shall not include heavy construction equipment.

“Net cost”, the price the dealer paid the supplier for the inventory, less all applicable discounts allowed, plus the amount the dealer paid for freight costs from the supplier's location to the dealer's location. In the event of termination of a dealer agreement by the supplier, “net cost” shall include the reasonable cost of assembly and/or disassembly performed by a dealer.

“Single line dealer”, a person partnership or corporation who:

(1) has purchased seventy-five per cent or more of the dealer's total new product inventory from a single supplier; and

(2) who has a total annual average sales volume for the previous three years in excess of twenty million dollars for the entire territory for which the dealer is responsible.

“Supplier”, a wholesaler, manufacturer, or distributor of inventory who enters into a dealer agreement with a dealer.

“Termination of dealer agreement”, the cancellation, nonrenewal or discontinuance of the agreement.

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Mass. Gen. Laws ch.93G § 2.
Termination of dealer agreement; cause; lease.
(a) Notwithstanding any agreement to the contrary, prior to the termination of a dealer agreement, a supplier shall notify the dealer of the termination not less than one hundred and twenty days prior to the effective date of the termination. No supplier may terminate, cancel or fail to renew a dealer agreement without cause. For purposes of this paragraph cause means failure by an equipment dealer to comply with requirements imposed upon the equipment dealer by the dealer agreement; provided however, that the requirements are not substantially different from those requirements imposed upon other similarly situated dealers in the commonwealth.

(b) The supplier may immediately terminate an agreement at any time upon the occurrence of any of the following events:

(1) the filing of a petition for bankruptcy or for receivership either by or against the dealer;

(2) the making by the dealer of an intentional and material misrepresentation as to the dealer's financial status;

(3) any default by the dealer under a chattel mortgage or other security agreement between the dealer and the supplier;

(4) the commencement of voluntary or involuntary dissolution or liquidation of the dealer if the dealer is a partnership or corporation;

(5) a change in location of the dealer's principal place of business as provided in the agreement without the prior written approval of the supplier;

(6) withdrawal of an individual proprietor, partner, major shareholder, or the involuntary termination of the manager of the dealership, or a substantial reduction in the interest of a partner or major shareholder without the prior written consent of the supplier.

(c) Unless there is an agreement to the contrary, a dealer who intends to terminate a dealer agreement with the supplier shall notify the supplier of such intent not less than one hundred and twenty days prior to the effective date of the termination.

(d) Notification required by either party under this section shall be in writing and shall be made by certified mail or by delivery in hand and shall contain:

(1) a statement of intention to terminate the dealer agreement;

(2) a statement of the reasons for the termination; and

(3) the date on which the termination shall be effective.

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Mass. Gen. Laws ch.93G § 3.
Repurchase of dealer's inventory.
(a) Whenever a dealer enters into a dealer agreement under which the dealer agrees to maintain an inventory, and the agreement is terminated by either party as provided in this chapter, the supplier, upon written request of the dealer filed within thirty days of the effective date of the termination, shall repurchase the dealer's inventory as provided in this chapter. There shall be no requirement for the supplier to repurchase inventory pursuant to this section if:

(1) the dealer has made an intentional and material misrepresentation as to the dealer's financial status;

(2) the dealer has defaulted under a chattel mortgage or other security agreement between the dealer and supplier; or

(3) the dealer has filed a voluntary petition in bankruptcy.

(b) Whenever a dealer enters into a dealer agreement in which the dealer agrees to maintain an inventory and the dealer or the majority stockholder of the dealer, if the dealer is a corporation, dies or becomes incompetent, the supplier shall, at the option of the heir, personal representative, or guardian of the dealer, or the person who succeeds to the stock of the majority stockholder, repurchase the inventory as if the agreement has been terminated. The heir, personal representative, guardian or succeeding stockholder has six months from the date of the death of the dealer or majority stockholder to exercise the option under this chapter.

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Mass. Gen. Laws ch.93G § 4.
Examination of dealer's books and records; payment for repurchased inventory.
(a) Within ninety days from receipt of the written request of the dealer, a supplier under the duty to repurchase inventory pursuant to this chapter may examine the books and records of the dealer to verify the eligibility of any item for repurchase. Except as otherwise provided in this chapter, the supplier shall repurchase from the dealer all inventory, required signage, special tools, books, supplies, data processing equipment and software previously purchased from the supplier or other qualified vendor and in the possession of the dealer on the date of termination of the dealer agreement.

(b) The supplier shall pay the dealer:

(1) One hundred per cent of the net cost of all new and undamaged and complete farm and utility tractors, forestry equipment, light industrial equipment, farm implements, farm machinery, yard and garden equipment, purchased within the past thirty-six months from the supplier, less a reasonable allowance for deterioration attributable to weather conditions at the dealer's location;

(2) ninety per cent of the current net prices of all new and undamaged repair parts;

(3) eighty-five per cent of the current net price of all new and undamaged superseded repair parts;

(4) eighty-five per cent of the latest available published net price of all new and undamaged non-current repair parts;

(5) either the fair market value, or assume the lease responsibilities of any specific data processing hardware that the supplier required the equipment dealer to acquire or purchase to satisfy the reasonable requirements of the dealer agreement, including computer systems equipment required and approved by the supplier to communicate with the supplier; and

(6) repurchase at seventy-five per cent of the net cost specialized repair tools, signage, books and supplies previously purchased, pursuant to requirements of the supplier and held by the equipment dealer on the date of termination. Specialized repair tools must be unique to the supplier product line and must be complete and in usable condition.

(7) repurchase at average as-is value shown in current industry guides dealer-owned rental fleet financed by the supplier or its finance subsidiary.

(c) The party that initiated the termination of the dealer agreement shall pay the cost of the return, handling, packing and loading of such inventory.

(d) Payment to the dealer required under this section shall be made by the supplier not later than forty-five days after receipt of the inventory by the supplier. A penalty shall be assessed in the amount of two per cent per day of any outstanding balance over the required forty-five days. The supplier shall be entitled to apply any payment required under this section to be made to the dealer, as a set-off against any amount owed by the dealer to the supplier.

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Mass. Gen. Laws ch.93G § 5.
Items exempted from repurchase.
The provisions of this chapter shall not require the repurchase from a dealer of:

(1) a repair part with a limited storage life or otherwise subject to physical or structural deterioration including, but not limited to, gaskets or batteries;

(2) a single repair part normally priced and sold in a set of two or more items;

(3) a repair part that, because of its condition, cannot be marketed as a new part without repackaging or reconditioning by the supplier or manufacturer;

(4) any inventory that the dealer elects to retain;

(5) any inventory ordered by the dealer after receipt of notice of termination of the dealer agreement by either the dealer or supplier;

(6) any inventory that was acquired by the dealer from a source other than the supplier.

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Mass. Gen. Laws ch.93G § 6.
Request for transfer; consent by supplier.
(a) No supplier shall unreasonably withhold or delay consent to any transfer of the dealer's business or transfer of the stock or other interest in the dealership, whenever the dealer to be substituted meets the material and reasonable business and financial requirements of the supplier. Should a supplier determine that a proposed transferee does not meet such requirements, it shall give the dealer written notice stating the specific reasons for withholding consent. No prospective transferee may be disqualified to be a dealer because it is a publicly held corporation. A supplier shall have ninety days to consider a dealer's request to make a transfer under this paragraph.

(b) No supplier shall unreasonably withhold consent to the transfer of the dealer's business to a member or members of the family of the dealer or the principal owner of the dealership, if the family member meets the reasonable business ability, business experience, and character standards of the supplier, and if the transferee can demonstrate that the dealership will be adequately capitalized. Should a supplier determine that the designated family member does not meet those requirements, the supplier shall provide the dealer with written notice of the supplier's objection and specific reasons for withholding its consent. As used in this subsection, “family”, means and includes spouse, parent, siblings, children, stepchildren and lineal descendants, including those by adoption of the dealer or principal owner of the dealership.

(c) In any dispute as to whether a supplier has denied consent in violation of this section, the supplier shall have the burden of proving a substantial and reasonable justification for the denial of consent.

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Mass. Gen. Laws ch.93G § 7.
Supplier's security interest.
Nothing contained in this chapter may be construed to release or terminate a perfected security interest of the supplier in the inventory of the dealer.

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Mass. Gen. Laws ch.93G § 8.
Consumer warranties; claims.
Whenever a supplier and a dealer enter into an agreement providing consumer warranties, the supplier shall pay any warranty claim made for warranty parts and service within thirty days after its receipt and approval. The supplier shall approve or disapprove a warranty claim within thirty days after its receipt. If a claim is not specifically disapproved in writing thirty days after its receipt, it shall be deemed to be approved and payment shall be made by the supplier within thirty days.

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Mass. Gen. Laws ch.93G § 9.
Binding arbitration.
Nothing contained in this chapter shall bar the right of a dealer agreement to provide for binding arbitration of disputes. Any arbitration shall be consistent with the provisions of this chapter and other applicable law. The place of any arbitration shall be in the city or county in which the dealer maintains the dealer's principal place of business in the commonwealth.

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Mass. Gen. Laws ch.93G § 10.
Incorporation of chapter provisions; waiver.
(a) The provisions of this subchapter shall be deemed to be incorporated in every dealer agreement made under the provisions of this chapter and shall supersede and control all other provisions of the agreement to the contrary. No supplier may require any dealer to waive compliance with any provision of this chapter, and any dealer agreement purporting to do so shall be void and unenforceable to the extent of such waiver or variance.

(b) Nothing in this chapter shall be construed to limit or prohibit good faith settlements of disputes voluntarily entered into between the parties.

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Mass. Gen. Laws ch.93G § 11.
Assumption of obligation by successor.
The obligation of any supplier or dealer shall be applied to and made an obligation of any successor in interest or assignee of such supplier or dealer. A successor in interest shall include, but not be limited to, any purchaser of the assets or stock, and surviving entity resulting from merger or liquidation, any receiver or any trustee of the original supplier or dealer.

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Mass. Gen. Laws ch.93H § 1. Definitions.(a) As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:--

“Agency”, any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or any of its branches, or of any political subdivision thereof.

“Breach of security”, the unauthorized acquisition or unauthorized use of unencrypted data or, encrypted electronic data and the confidential process or key that is capable of compromising the security, confidentiality, or integrity of personal information, maintained by a person or agency that creates a substantial risk of identity theft or fraud against a resident of the commonwealth. A good faith but unauthorized acquisition of personal information by a person or agency, or employee or agent thereof, for the lawful purposes of such person or agency, is not a breach of security unless the personal information is used in an unauthorized manner or subject to further unauthorized disclosure.

“Data” any material upon which written, drawn, spoken, visual, or electromagnetic information or images are recorded or preserved, regardless of physical form or characteristics.

“Electronic”, relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

“Encrypted” transformation of data through the use of a 128-bit or higher algorithmic process into a form in which there is a low probability of assigning meaning without use of a confidential process or key, unless further defined by regulation of the department of consumer affairs and business regulation.

“Notice” shall include:--

(i) written notice;

(ii) electronic notice, if notice provided is consistent with the provisions regarding electronic records and signatures set forth in § 7001 (c) of Title 15 of the United States Code; and chapter 110G; or

(iii) substitute notice, if the person or agency required to provide notice demonstrates that the cost of providing written notice will exceed $250,000, or that the affected class of Massachusetts residents to be notified exceeds 500,000 residents, or that the person or agency does not have sufficient contact information to provide notice.

“Person”, a natural person, corporation, association, partnership or other legal entity.

“Personal information” a resident's first name and last name or first initial and last name in combination with any 1 or more of the following data elements that relate to such resident:

(a) Social Security number;

(b) driver's license number or state-issued identification card number; or

(c) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password, that would permit access to a resident's financial account; provided, however, that “Personal information” shall not include information that is lawfully obtained from publicly available information, or from federal, state or local government records lawfully made available to the general public.

“Substitute notice”, shall consist of all of the following:--

(i) electronic mail notice, if the person or agency has electronic mail addresses for the members of the affected class of Massachusetts residents;

(ii) clear and conspicuous posting of the notice on the home page of the person or agency if the person or agency maintains a website; and

(iii) publication in or broadcast through media or medium that provides notice throughout the commonwealth.

(b) The department of consumer affairs and business regulation may adopt regulations, from time to time, to revise the definition of “encrypted”, as used in this chapter, to reflect applicable technological advancements.

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Mass. Gen. Laws ch.93H § 2.
Regulations to safeguard personal information of commonwealth residents.
(a) The department of consumer affairs and business regulation shall adopt regulations relative to any person that owns or licenses personal information about a resident of the commonwealth. Such regulations shall be designed to safeguard the personal information of residents of the commonwealth and shall be consistent with the safeguards for protection of personal information set forth in the federal regulations by which the person is regulated. The objectives of the regulations shall be to: insure the security and confidentiality of customer information in a manner fully consistent with industry standards; protect against anticipated threats or hazards to the security or integrity of such information; and protect against unauthorized access to or use of such information that may result in substantial harm or inconvenience to any consumer. The regulations shall take into account the person's size, scope and type of business, the amount of resources available to such person, the amount of stored data, and the need for security and confidentiality of both consumer and employee information.

(b) The supervisor of records, with the advice and consent of the information technology division to the extent of its jurisdiction to set information technology standards under paragraph (d) of section 4A of chapter 7, shall establish rules or regulations designed to safeguard the personal information of residents of the commonwealth that is owned or licensed. Such rules or regulations shall be applicable to:

(1) executive offices and any agencies, departments, boards, commissions and instrumentalities within an executive office; and

(2) any authority created by the General Court, and the rules and regulations shall take into account the size, scope and type of services provided thereby, the amount of resources available thereto, the amount of stored data, and the need for security and confidentiality of both consumer and employee information. The objectives of the rules or regulations shall be to: insure the security and confidentiality of personal information; protect against anticipated threats or hazards to the security or integrity of such information; and to protect against unauthorized access to or use of such information that could result in substantial harm or inconvenience to any resident of the commonwealth.

(c) The legislative branch, the judicial branch, the attorney general, the state secretary, the state treasurer and the state auditor shall adopt rules or regulations designed to safeguard the personal information of residents of the commonwealth for their respective departments and shall take into account the size, scope and type of services provided by their departments, the amount of resources available thereto, the amount of stored data, and the need for security and confidentiality of both consumer and employee information. The objectives of the rules or regulations shall be to: insure the security and confidentiality of customer information in a manner fully consistent with industry standards; protect against anticipated threats or hazards to the security or integrity of such information; and protect against unauthorized access to or use of such information that could result in substantial harm or inconvenience to any resident of the commonwealth.

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Mass. Gen. Laws ch.93H § 3.
Duty to report known security breach or unauthorized use of personal information.
(a) A person or agency that maintains or stores, but does not own or license data that includes personal information about a resident of the commonwealth, shall provide notice, as soon as practicable and without unreasonable delay, when such person or agency

(1) knows or has reason to know of a breach of security or

(2) when the person or agency knows or has reason to know that the personal information of such resident was acquired or used by an unauthorized person or used for an unauthorized purpose, to the owner or licensor in accordance with this chapter. In addition to providing notice as provided herein, such person or agency shall cooperate with the owner or licensor of such information. Such cooperation shall include, but not be limited to, informing the owner or licensor of the breach of security or unauthorized acquisition or use, the date or approximate date of such incident and the nature thereof, and any steps the person or agency has taken or plans to take relating to the incident, except that such cooperation shall not be deemed to require the disclosure of confidential business information or trade secrets, or to provide notice to a resident that may have been affected by the breach of security or unauthorized acquisition or use.

(b) A person or agency that owns or licenses data that includes personal information about a resident of the commonwealth, shall provide notice, as soon as practicable and without unreasonable delay, when such person or agency

(1) knows or has reason to know of a breach of security or

(2) when the person or agency knows or has reason to know that the personal information of such resident was acquired or used by an unauthorized person or used for an unauthorized purpose, to the attorney general, the director of consumer affairs and business regulation and to such resident, in accordance with this chapter. The notice to be provided to the attorney general and said director, and consumer reporting agencies or state agencies if any, shall include, but not be limited to, the nature of the breach of security or unauthorized acquisition or use, the number of residents of the commonwealth affected by such incident at the time of notification, and any steps the person or agency has taken or plans to take relating to the incident.

Upon receipt of this notice, the director of consumer affairs and business regulation shall identify any relevant consumer reporting agency or state agency, as deemed appropriate by said director, and forward the names of the identified consumer reporting agencies and state agencies to the notifying person or agency. Such person or agency shall, as soon as practicable and without unreasonable delay, also provide notice, in accordance with this chapter, to the consumer reporting agencies and state agencies identified by the director of consumer affairs and business regulation.

The notice to be provided to the resident shall include, but not be limited to, the consumer's right to obtain a police report, how a consumer requests a security freeze and the necessary information to be provided when requesting the security freeze, and any fees required to be paid to any of the consumer reporting agencies, provided however, that said notification shall not include the nature of the breach or unauthorized acquisition or use or the number of residents of the commonwealth affected by said breach or unauthorized access or use.

(c)1If an agency is within the executive department, it shall provide written notification of the nature and circumstances of the breach or unauthorized acquisition or use to the information technology division and the division of public records as soon as practicable and without unreasonable delay following the discovery of a breach of security or unauthorized acquisition or use, and shall comply with all policies and procedures adopted by that division pertaining to the reporting and investigation of such an incident.

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Mass. Gen. Laws ch.93H § 4.
Delay in notice when notice would impede criminal investigation; cooperation with law enforcement.
Notwithstanding section 3, notice may be delayed if a law enforcement agency determines that provision of such notice may impede a criminal investigation and has notified the attorney general, in writing, thereof and informs the person or agency of such determination. If notice is delayed due to such determination and as soon as the law enforcement agency determines and informs the person or agency that notification no longer poses a risk of impeding an investigation, notice shall be provided, as soon as practicable and without unreasonable delay. The person or agency shall cooperate with law enforcement in its investigation of any breach of security or unauthorized acquisition or use, which shall include the sharing of information relevant to the incident; provided however, that such disclosure shall not require the disclosure of confidential business information or trade secrets.

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Mass. Gen. Laws ch.93H § 5.
Applicability of other state and federal laws.
This chapter does not relieve a person or agency from the duty to comply with requirements of any applicable general or special law or federal law regarding the protection and privacy of personal information; provided however, a person who maintains procedures for responding to a breach of security pursuant to federal laws, rules, regulations, guidance, or guidelines, is deemed to be in compliance with this chapter if the person notifies affected Massachusetts residents in accordance with the maintained or required procedures when a breach occurs; provided further that the person also notifies the attorney general and the director of the office of consumer affairs and business regulation of the breach as soon as practicable and without unreasonable delay following the breach. The notice to be provided to the attorney general and the director of the office of consumer affairs and business regulation shall consist of, but not be limited to, any steps the person or agency has taken or plans to take relating to the breach pursuant to the applicable federal law, rule, regulation, guidance or guidelines; provided further that if said person or agency does not comply with applicable federal laws, rules, regulations, guidance or guidelines, then it shall be subject to the provisions of this chapter.

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Mass. Gen. Laws ch.93H § 6.
Enforcement of chapter.
The attorney general may bring an action pursuant to section 4 of chapter 93A against a person or otherwise to remedy violations of this chapter and for other relief that may be appropriate.

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Mass. Gen. Laws ch.93I § 1.
Definitions.
As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:--

“Agency”, any county, city, town, or constitutional office or any agency thereof, including but not limited to, any department, division, bureau, board, commission or committee thereof, or any authority created by the general court to serve a public purpose, having either statewide or local jurisdiction.

“Data subject”, an individual to whom personal information refers.

“Person”, a natural person, corporation, association, partnership or other legal entity.

“Personal information”, a resident's first name and last name or first initial and last name in combination with any 1 or more of the following data elements that relate to the resident:--

(a) Social Security number;

(b) driver's license number or Massachusetts identification card number;

(c) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password that would permit access to a resident's financial account; or

(d) a biometric indicator.

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Mass. Gen. Laws ch.93I § 2.
Standards for disposal of records containing personal information; disposal by third party; enforcement.
When disposing of records, each agency or person shall meet the following minimum standards for proper disposal of records containing personal information:

(a) paper documents containing personal information shall be either redacted, burned, pulverized or shredded so that personal data cannot practicably be read or reconstructed;

(b) electronic media and other non-paper media containing personal information shall be destroyed or erased so that personal information cannot practicably be read or reconstructed.

Any agency or person disposing of personal information may contract with a third party to dispose of personal information in accordance with this chapter. Any third party hired to dispose of material containing personal information shall implement and monitor compliance with policies and procedures that prohibit unauthorized access to or acquisition of or use of personal information during the collection, transportation and disposal of personal information.

Any agency or person who violates the provisions of this chapter shall be subject to a civil fine of not more than $100 per data subject affected, provided said fine shall not exceed $50,000 for each instance of improper disposal. The attorney general may file a civil action in the superior or district court in the name of the commonwealth to recover such penalties.

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Mass. Gen. Laws ch.93I § 3.
Enforcement.
The attorney general may bring an action pursuant to section 4 of chapter 93A against a person or otherwise to remedy violations of this chapter and for other relief that may be appropriate.

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Mass. Gen. Laws ch.93J § 1.
Definitions.
Section (1) As used in this chapter, the following words shall, unless the context clearly indicates a different meaning, have the following meanings:

“Dealer”, any person or business who, in the ordinary course of its business, is engaged in the business of selling or leasing new motor vehicles to consumers or other end users pursuant to a franchise agreement and who has obtained a class 1 license pursuant to the provisions of section 58 and 59 of chapter 140 and is engaged in the diagnosis, service, maintenance or repair of motor vehicles or motor vehicle engines pursuant to said franchise agreement.

“Franchise agreement”, an oral or written arrangement for a definite or indefinite period in which a manufacturer or distributor grants to a motor vehicle dealer a license to use a trade name, service mark or related characteristic and in which there is a community of interest in the marketing of new motor vehicles or services related thereto at wholesale, retail, leasing or otherwise.

“Fair and Reasonable Terms”. In determining whether a price is on “fair and reasonable terms,” consideration may be given to relevant factors, including, but not limited to, the following:

(i) The net cost to the manufacturer franchised dealerships for similar information obtained from manufacturers, less any discounts, rebates, or other incentive programs.

(ii) The cost to the manufacturer for preparing and distributing the information, excluding any research and development costs incurred in designing and implementing, upgrading or altering the onboard computer and its software or any other vehicle part or component. Amortized capital costs for the preparation and distribution of the information may be included.

(iii) The price charged by other manufacturers for similar information.

(iv) The price charged by manufacturers for similar information prior to the launch of manufacturer web sites.

(v) The ability of aftermarket technicians or shops to afford the information.

(vi) The means by which the information is distributed.

(vii) The extent to which the information is used, which includes the number of users, and frequency, duration, and volume of use.

(viii) Inflation.

“Immobilizer system”, an electronic device designed for the sole purpose of preventing the theft of a motor vehicle by preventing the motor vehicle in which it is installed from starting without the correct activation or authorization code.

“Independent repair facility”, a person or business operating in the commonwealth that is not affiliated with a manufacturer or manufacturer's authorized dealer of motor vehicles, which is engaged in the diagnosis, service, maintenance or repair of motor vehicles or motor vehicle engines; provided, however, that, for the purposes of this chapter, a dealer, notwithstanding its affiliation with any manufacturer, shall be considered an independent repair facility for purposes of those instances when said dealer engages in the diagnosis, service, maintenance or repair of motor vehicles or motor vehicle engines that are not affiliated with the dealer's franchise manufacturer.

“Manufacturer”, any person or business engaged in the business of manufacturing or assembling new motor vehicles.

“Motor vehicle”, a vehicle, originally manufactured for distribution and sale in the United States, driven or drawn by mechanical power and manufactured primarily for use on public streets, roads and highways, but excluding: (i) a vehicle that may be operated only on a rail line; (ii) a recreational vehicle or auto home equipped for habitation; (iii) an ambulance; (iv) a bus, motor coach or trackless trolley designed for the carriage of persons for hire or for school-related purposes; (v) vehicles used exclusively for the building, repair and maintenance of highways or designed primarily for use elsewhere than on the traveled part of ways; (vi) any vehicle with a gross vehicle weight rating of more than 10,000 pounds; (vii) any vehicle excluded from the definition of “motor vehicle” in chapter 90; and (viii) a motorcycle, as defined in section 1 of chapter 90.

“Owner”, a person or business who owns or leases a motor vehicle registered in the commonwealth.

“Trade secret”, anything, tangible or intangible or electronically stored or kept, which constitutes, represents, evidences or records intellectual property including secret or confidentially held designs, processes, procedures, formulas, inventions, or improvements, or secret or confidentially held scientific, technical, merchandising, production, financial, business or management information, or anything within the definition of 18 U.S.C. § 1839(3).

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Mass. Gen. Laws ch.93J § 2.
Access by owners of motor vehicles and by independent repair facilities to motor vehicle manufacturer diagnostic and repair information and diagnostic repair tools otherwise made available to dealers.
Section (2)(a) Except as provided in subsection (2)(e), for Model Year 2002 motor vehicles and thereafter, a manufacturer of motor vehicles sold in the commonwealth shall make available for purchase by owners of motor vehicles manufactured by such manufacturer and by independent repair facilities the same diagnostic and repair information, including repair technical updates, that such manufacturer makes available to its dealers through the manufacturer's internet-based diagnostic and repair information system or other electronically accessible manufacturer's repair information system. All content in any such manufacturer's repair information system shall be made available to owners and to independent repair facilities in the same form and manner and to the same extent as is made available to dealers utilizing such diagnostic and repair information system. Each manufacturer shall provide access to such manufacturer's diagnostic and repair information system for purchase by owners and independent repair facilities on a daily, monthly and yearly subscription basis and upon fair and reasonable terms.


(2)(b) Any manufacturer that sells any diagnostic, service, or repair information to any independent repair facility or other third party provider in a format that is standardized with other manufacturers, and on terms and conditions more favorable than the manner and the terms and conditions pursuant to which the dealer obtains the same diagnostic, service or repair information, shall be prohibited from requiring any dealer to continue purchasing diagnostic, service, or repair information in a proprietary format, unless such proprietary format includes diagnostic, service, repair or dealership operations information or functionality that is not available in such standardized format.

(2)(c)(i) For Model Year 2002 motor vehicles and thereafter, each manufacturer of motor vehicles sold in the commonwealth shall make available for purchase by owners and independent repair facilities all diagnostic repair tools incorporating the same diagnostic, repair and wireless capabilities that such manufacturer makes available to its dealers. Such tools shall incorporate the same functional repair capabilities that such manufacturer makes available to dealers. Each manufacturer shall offer such tools for sale to owners and to independent repair facilities upon fair and reasonable terms.

(2)(c)(ii) Any diagnostic tool or information necessary to diagnose, service or repair a motor vehicle that a manufacturer sells to any independent repair facility in a manner and on terms and conditions more favorable than the manner and the terms and conditions pursuant to which the dealer obtains the same diagnostic tool or information necessary to diagnose, service or repair a motor vehicle, shall also be offered to the dealer in the same manner and on the same terms and conditions as provided to such independent repair facility.

Any manufacturer that sells to any independent repair facility any diagnostic tool necessary to diagnose, service or repair a motor vehicle and such diagnostic tool communicates with the vehicle using the same non-proprietary interface used by other manufacturers, the manufacturer delivering such a diagnostic tool shall be prohibited from requiring any dealer from continuing to purchase that manufacturer's proprietary tool and interface unless such proprietary interface has a capability not available in the non-proprietary interface.

(2)(c)(iii) Each manufacturer shall provide diagnostic repair information to each aftermarket scan tool company and each third party service information provider with whom the manufacturer has appropriate licensing, contractual or confidentiality agreements for the sole purpose of building aftermarket diagnostic tools and third party service information publications and systems. Once a manufacturer makes such information available pursuant to this section, the manufacturer will have fully satisfied its obligations under this section and thereafter not be responsible for the content and functionality of aftermarket diagnostic tools or service information systems.

(2)(d)(i) Commencing in Model Year 2018, except as provided in subsection (2)(e), manufacturers of motor vehicles sold in the commonwealth shall provide access to their onboard diagnostic and repair information system, as required under this section, using an off-the-shelf personal computer with sufficient memory, processor speed, connectivity and other capabilities as specified by the vehicle manufacturer and: (i) a non-proprietary vehicle interface device that complies with the Society of Automotive Engineers SAE J2534, the International Standards Organizations ISO 22900 or any successor to SAE J2534 or ISO 22900 as may be accepted or published by the Society of Automotive Engineers or the International Standards Organizations; or, (ii) an on-board diagnostic and repair information system integrated and entirely self-contained within the vehicle including, but not limited to, service information systems integrated into an onboard display, or (iii) a system that provides direct access to on-board diagnostic and repair information through a non-proprietary vehicle interface such as Ethernet, Universal Serial Bus or Digital Versatile Disc. Each manufacturer shall provide access to the same on-board diagnostic and repair information available to their dealers, including technical updates to such on-board systems, through such non-proprietary interfaces as referenced in this paragraph.

Nothing in this Chapter shall be construed to require a dealer to use the non-proprietary vehicle interface (i.e., SAE J2534 or ISO 22900 vehicle interface device) specified in this subsection, nor shall this Chapter be construed to prohibit a manufacturer from developing a proprietary vehicle diagnostic and reprogramming device, provided that (i) the manufacturer also complies with Section 2(d)(i), and (ii) the manufacturer also makes this device available to independent repair facilities upon fair and reasonable terms, and otherwise complies with Section 2(a).

(2)(d)(ii) No manufacturer shall be prohibited from making proprietary tools available to dealers if such tools are for a specific specialized diagnostic or repair procedure developed for the sole purpose of a customer service campaign meeting the requirements set out in 49 CFR 579.5, or performance of a specific technical service bulletin or recall after the vehicle was produced, and where original vehicle design was not originally intended for direct interface through the non-proprietary interface set out in (2)(d)(i). Provision of such proprietary tools under this paragraph shall not constitute a violation of this chapter even if such tools provide functions not available through the interface set forth in (2)(d)(i), provided such proprietary tools are also available to the aftermarket upon fair and reasonable terms. Nothing in this subsection (2)(d)(ii) authorizes manufacturers to exclusively develop proprietary tools, without a non-proprietary equivalent as set forth in (2)(d)(i), for diagnostic or repair procedures that fall outside the provisions of (2)(d)(ii) or to otherwise operate in a manner inconsistent with the requirements of (2)(d)(i).

(2)(e) Manufacturers of motor vehicles sold in the commonwealth may exclude diagnostic, service and repair information necessary to reset an immobilizer system or security-related electronic modules from information provided to owners and independent repair facilities. If excluded under this paragraph, the information necessary to reset an immobilizer system or security-related electronic modules shall be obtained by owners and independent repair facilities through the secure data release model system as currently used by the National Automotive Service Task Force or other known, reliable and accepted systems.

(2)(f) With the exception of telematics diagnostic and repair information that is provided to dealers, necessary to diagnose and repair a customer's vehicle, and not otherwise available to an independent repair facility via the tools specified in 2(c)(i) and 2(d)(i) above, nothing in this chapter shall apply to telematics services or any other remote or information service, diagnostic or otherwise, delivered to or derived from the vehicle by mobile communications; provided, however, that nothing in this chapter shall be construed to abrogate a telematics services or other contract that exists between a manufacturer or service provider, a motor vehicle owner, and/or a dealer. For purposes of this chapter, telematics services include but are not limited to automatic airbag deployment and crash notification, remote diagnostics, navigation, stolen vehicle location, remote door unlock, transmitting emergency and vehicle location information to public safety answering points as well as any other service integrating vehicle location technology and wireless communications. Nothing in this chapter shall require a manufacturer or a dealer to disclose to any person the identity of existing customers or customer lists.

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Mass. Gen. Laws ch.93J § 3.
Protection of manufacturer trade secrets.
Section (3) Nothing in this chapter shall be construed to require a manufacturer to divulge a trade secret.

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Mass. Gen. Laws ch.93J § 4.
Construction of chapter with other law or with franchise agreement.
Section (4) Notwithstanding any general or special law or any rule or regulation to the contrary, no provision in this chapter shall be read, interpreted or construed to abrogate, interfere with, contradict or alter the terms of any provision of chapter 93B or the terms of any franchise agreement executed and in force between a dealer and a manufacturer including, but not limited to, the performance or provision of warranty or recall repair work by a dealer on behalf of a manufacturer pursuant to such franchise agreement; provided, however, that any provision in such a franchise agreement that purports to waive, avoid, restrict or limit a manufacturer's compliance with this chapter shall be void and unenforceable.

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Mass. Gen. Laws ch.93J § 5.
Access to non-diagnostic and repair information not required.
Section (5) Nothing in this chapter shall be construed to require manufacturers or dealers to provide an owner or independent repair facility access to non-diagnostic and repair information provided by a manufacturer to a dealer, or by a dealer to a manufacturer pursuant to the terms of a franchise agreement.

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Mass. Gen. Laws ch.93J § 6.
Remedies for violation of chapter.
Section (6)(a) In addition to any other remedies that may be available under law, a violation of this chapter shall be deemed to be an unfair method of competition and an unfair or deceptive act or practice in the conduct of trade or commerce in violation of section 2 of chapter 93A.

(6)(b) An independent repair facility or owner who believes that a manufacturer has failed to provide information or a tool required by this chapter must notify the manufacturer in writing through the National Automotive Service Task Force (NASTF) Service Information Request process or its successor organization or process, and give the manufacturer thirty (30) days from the time the manufacturer receives the complaint to cure the failure. If the manufacturer cures said complaint within the cure period, damages shall be limited to actual damages in any subsequent 93A litigation.

(6)(c) If the manufacturer fails to respond to the notice provided pursuant to (6)(b), or if an independent repair facility or owner is not satisfied with the manufacturer's cure, the independent repair facility or owner may file a complaint in the superior court, or if applicable in the federal district court for the district of Massachusetts. Such complaint shall include, but not be limited to the following: (i) written information confirming that the complainant has visited the relevant manufacturer website and attempted to effect a proper repair utilizing information provided on such website, including communication with customer assistance via the manufacturer's toll-free call-in assistance, if made available by such manufacturer; (ii) written information confirming that the complainant has obtained and utilized the relevant manufacturer's scan or diagnostic tool necessary for such repair; and (iii) evidence of manufacturer notification as set out in (6)(b).

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Mass. Gen. Laws ch.93K § 1.
Definitions.
As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Dealer”, any person or business who, in the ordinary course of its business, sells or leases new motor vehicles to consumers or other end users pursuant to a franchise agreement and who has obtained a class 1 license pursuant to sections 58 and 59 of chapter 140 and diagnoses, services, maintains or repairs motor vehicles or motor vehicle engines pursuant to said franchise agreement.

“Fair and reasonable terms”, in determining whether a price is on “fair and reasonable terms” consideration may be given to relevant factors, including, but not limited to:

(i) the net cost to the manufacturer franchised dealerships for similar information obtained from manufacturers, less any discounts, rebates or other incentive programs;

(ii) the cost to the manufacturer for preparing and distributing the information, excluding any research and development costs incurred in designing and implementing, upgrading or altering the onboard computer and its software or any other vehicle part or component; provided, however, that amortized capital costs for the preparation and distribution of the information may be included;

(iii) the price charged by other manufacturers for similar information;

(iv) the price charged by manufacturers for similar information prior to the launch of manufacturer web sites;

(v) the ability of aftermarket technicians or shops to afford the information;

(vi) the means by which the information is distributed;

(vii) the extent to which the information is used, which includes the number of users, and frequency, duration and volume of use; and

(viii) inflation.

“Franchise agreement”, an oral or written arrangement for a definite or indefinite period in which a manufacturer or distributor grants to a motor vehicle dealer a license to use a trade name, service mark or related characteristic and in which there is a community of interest in the marketing of new motor vehicles or services related thereto at wholesale, retail, leasing or otherwise.

“Heavy duty vehicle”, any vehicle having a gross vehicle weight rating of more than 14,000 pounds; provided, however, that heavy duty vehicles built to custom specifications sold in the commonwealth for commercial purposes shall not be required to comply with subsection (d) of section 2.

“Immobilizer system”, an electronic device designed for the sole purpose of preventing the theft of a motor vehicle by preventing the motor vehicle in which it is installed from starting without the correct activation or authorization code.

“Independent repair facility”, a person or business operating in the commonwealth that is not affiliated with a manufacturer or manufacturer’s authorized dealer of motor vehicles, which diagnoses, services, maintains or repairs motor vehicles or motor vehicle engines; provided, however, that for the purposes of this chapter, a dealer, notwithstanding its affiliation with any manufacturer, shall be considered an independent repair facility for the purposes of those instances when said dealer diagnoses, services, maintains or repairs motor vehicles or motor vehicle engines that are not affiliated with the dealer’s franchise manufacturer.

“Manufacturer”, any person or business engaged in the business of manufacturing or assembling new motor vehicles.

“Motor vehicle”, a vehicle, originally manufactured for distribution and sale in the United States, driven or drawn by mechanical power and manufactured primarily for use on public streets, roads and highways, but excluding: (i) a vehicle that may be operated only on a rail line; (ii) a recreational vehicle or auto home equipped for habitation; (iii) an ambulance; (iv) a bus, motor coach or trackless trolley designed for the carriage of persons for hire or for school-related purposes; (v) vehicles used exclusively for the building, repair and maintenance of highways or designed primarily for use elsewhere than on the traveled part of ways; (vi) any vehicle excluded from the definition of “motor vehicle” in chapter 90; and (vii) a motorcycle, as defined in section 1 of chapter 90.

“Owner”, a person or business who owns or leases a motor vehicle registered in the commonwealth.

“Trade secret”, anything tangible or intangible or electronically stored or kept which constitutes, represents, evidences or records intellectual property including secret or confidentially held designs, processes, procedures, formulas, inventions or improvements, or secret or confidentially held scientific, technical, merchandising, production, financial, business or management information, or anything within the definition in 18 U.S.C. 1839(3).

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Mass. Gen. Laws ch.93K§ 2.
Access by owners of motor vehicles and by independent repair facilities to motor vehicle manufacturer diagnostic and repair information and diagnostic repair tools otherwise made available to dealers.
(a) Except as provided in subsection (e), for model year 2002 motor vehicles and thereafter and model year 2013 heavy duty vehicles and thereafter, a manufacturer of motor vehicles sold in the commonwealth shall make available for purchase by owners of motor vehicles manufactured by such manufacturer and by independent repair facilities the same diagnostic and repair information, including repair technical updates, that such manufacturer makes available to its dealers through the manufacturer’s internet-based diagnostic and repair information system or other electronically accessible manufacturer’s repair information system. All content in any such manufacturer’s repair information system shall be made available to owners and to independent repair facilities in the same form and manner and to the same extent as is made available to dealers utilizing such diagnostic and repair information system. Each manufacturer shall provide access to such manufacturer’s diagnostic and repair information system for purchase by owners and independent repair facilities on a daily, monthly and yearly subscription basis and upon fair and reasonable terms.

(b) A manufacturer that sells any diagnostic, service or repair information to an independent repair facility or other third party provider in a format that is standardized with other manufacturers, and on terms and conditions more favorable than the manner and the terms and conditions which a dealer obtains the same diagnostic, service or repair information, shall be prohibited from requiring any dealer to continue purchasing diagnostic, service or repair information in a proprietary format, unless such proprietary format includes diagnostic, service, repair or dealership operations information or functionality that is not available in such standardized format.

(c) (1) For model year 2002 motor vehicles and thereafter and model year 2013 heavy duty vehicles and thereafter, each manufacturer of motor vehicles sold in the commonwealth shall make available for purchase by owners and independent repair facilities all diagnostic repair tools incorporating the same diagnostic, repair and wireless capabilities that such manufacturer makes available to its dealers. Such tools shall incorporate the same functional repair capabilities that such manufacturer makes available to dealers. Each manufacturer shall offer such tools for sale to owners and to independent repair facilities upon fair and reasonable terms.

(2) Any diagnostic tool or information necessary to diagnose, service or repair a motor vehicle that a manufacturer sells to an independent repair facility in a manner and on terms and conditions more favorable than the manner and the terms and conditions which a dealer obtains the same diagnostic tool or information necessary to diagnose, service or repair a motor vehicle, shall also be offered to the dealer in the same manner and on the same terms and conditions as provided to such independent repair facility.

A manufacturer that sells to an independent repair facility any diagnostic tool necessary to diagnose, service or repair a motor vehicle and such diagnostic tool communicates with the vehicle using the same non-proprietary interface used by other manufacturers, the manufacturer delivering such a diagnostic tool shall be prohibited from requiring any dealer from continuing to purchase that manufacturer’s proprietary tool and interface unless such proprietary interface has a capability not available in the non-proprietary interface.

(3) Each manufacturer shall provide diagnostic repair information to each aftermarket scan tool company and each third party service information provider with whom the manufacturer has appropriate licensing, contractual or confidentiality agreements for the sole purpose of building aftermarket diagnostic tools and third party service information publications and systems. Once a manufacturer makes such information available pursuant to this section, the manufacturer shall be considered to have satisfied its obligations under this section and thereafter not be responsible for the content and functionality of aftermarket diagnostic tools or service information systems.

(d) (1) Beginning in model year 2018, except as provided in subsection (e), manufacturers of motor vehicles sold in the commonwealth, including heavy duty vehicles that are not heavy duty vehicles built to custom specifications sold in the commonwealth for commercial purposes, shall provide access to their onboard diagnostic and repair information system, as required under this section, using an off-the-shelf personal computer with sufficient memory, processor speed, connectivity and other capabilities as specified by the vehicle manufacturer and: (i) a non-proprietary vehicle interface device that complies with the Society of Automotive Engineers standard J2534, Society of Automotive Engineers J1939, commonly referred to as SAE J2534 and SAE J1939, the International Organization for Standardization standard 22900, commonly referred to as ISO 22900 or any successor to SAE J2534, SAE J1939 or ISO 22900 as may be accepted or published by the Society of Automotive Engineers or the International Organization for Standardization; (ii) an onboard diagnostic and repair information system integrated and entirely self-contained within the vehicle, including, but not limited to, service information systems integrated into an onboard display; or (iii) a system that provides direct access to onboard diagnostic and repair information through a non-proprietary vehicle interface, such as ethernet, universal serial bus or digital versatile disc. Each manufacturer shall provide access to the same onboard diagnostic and repair information available to their dealers, including technical updates to such onboard systems, through such non-proprietary interfaces as referenced in this paragraph. Nothing in this chapter shall be construed to require a dealer to use a non-proprietary vehicle interface specified in this paragraph, nor shall this chapter be construed to prohibit a manufacturer from developing a proprietary vehicle diagnostic and reprogramming device; provided, however, that: (i) the manufacturer also complies with this paragraph; and (ii) the manufacturer also makes this device available to independent repair facilities upon fair and reasonable terms and otherwise complies with subsection (a).

(2) No manufacturer shall be prohibited from making proprietary tools available to dealers if such tools are for a specific specialized diagnostic or repair procedure developed for the sole purpose of a customer service campaign meeting the requirements set out in 49 CFR 579.5, or performance of a specific technical service bulletin or recall after the vehicle was produced, and where original vehicle design was not originally intended for direct interface through a non-proprietary interface set out in paragraph (1). Provision of such proprietary tools under this paragraph shall not constitute a violation of this chapter even if such tools provide functions not available through the interface set forth in paragraph (1); provided, however, that such proprietary tools are also available to the aftermarket upon fair and reasonable terms. Nothing in this paragraph authorizes manufacturers to exclusively develop proprietary tools, without a non-proprietary equivalent as set forth in paragraph (1), for diagnostic or repair procedures that fall outside the provisions of this paragraph or to otherwise operate in a manner inconsistent with paragraph (1).

(e) Manufacturers of motor vehicles sold in the commonwealth may exclude diagnostic, service and repair information necessary to reset an immobilizer system or security-related electronic modules from information provided to owners and independent repair facilities. If excluded under this subsection, the information necessary to reset an immobilizer system or security-related electronic modules shall be obtained by owners and independent repair facilities through the secure data release model system currently used by the National Automotive Service Task Force or other known, reliable and accepted systems.

(f) With the exception of telematics diagnostic and repair information that is provided to dealers, necessary to diagnose and repair a customer’s vehicle and not otherwise available to an independent repair facility via the tools specified in paragraph (1) of subsection (c) and paragraph (1) of subsection (d), nothing in this chapter shall apply to telematics services or any other remote or information service, diagnostic or otherwise, delivered to or derived from a motor vehicle by mobile communications; provided, however, that nothing in this chapter shall be construed to abrogate a telematics services contract or other contract that exists between a manufacturer or service provider, an owner or a dealer. For the purposes of this chapter, telematics services shall include, but not be limited to, automatic airbag deployment and crash notification, remote diagnostics, navigation, stolen vehicle location, remote door unlock, transmitting emergency and vehicle location information to public safety answering points and any other service integrating vehicle location technology and wireless communications. Nothing in this chapter shall require a manufacturer or a dealer to disclose to any person the identity of existing customers or customer lists.

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Mass. Gen. Laws ch.93K § 3.
Protection of manufacturer trade secret.
Nothing in this chapter shall be construed to require a manufacturer to divulge a trade secret.

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Mass. Gen. Laws ch.93K § 4.
Construction of chapter with other law or with franchise agreement.
Notwithstanding any general or special law to the contrary, nothing in this chapter shall be construed to abrogate, interfere with, contradict or alter the terms of any provision of chapter 93B or the terms of any franchise agreement executed and in force between a dealer and a manufacturer, including, but not limited to, the performance or provision of warranty or recall repair work by a dealer on behalf of a manufacturer pursuant to such franchise agreement; provided, however, that any provision in a franchise agreement that purports to waive, avoid, restrict or limit a manufacturer’s compliance with this chapter shall be void and unenforceable.

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Mass. Gen. Laws ch.93K § 5.
Access to non-diagnostic and repair information not required.
Nothing in this chapter shall be construed to require manufacturers or dealers to provide an owner or independent repair facility access to non-diagnostic and repair information provided by a manufacturer to a dealer or by a dealer to a manufacturer pursuant to the terms of a franchise agreement.

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Mass. Gen. Laws ch.93K § 6.
Remedies for violation of chapter.
(a) In addition to any other remedies that may be available, a violation of this chapter shall be deemed to be an unfair method of competition and an unfair or deceptive act or practice in the conduct of trade or commerce in violation of section 2 of chapter 93A.

(b) An independent repair facility or owner who believes that a manufacturer has failed to provide information or a tool required by this chapter shall notify the manufacturer, in writing, through the National Automotive Service Task Force Service Information Request process, or its successor organization or process, and give the manufacturer 30 days from the time the manufacturer receives the complaint to cure the failure. If the manufacturer cures said complaint within the cure period, damages shall be limited to actual damages in any subsequent litigation pursuant to chapter 93A.

(c) If a manufacturer fails to respond to the notice provided pursuant to subsection (b), or if an independent repair facility or owner is not satisfied with the manufacturer’s cure, the independent repair facility or owner may file a complaint in the superior court or, if applicable, in the federal district court for the district of Massachusetts. Such complaint shall include, but not be limited to: (i) written information confirming that the complainant has visited the relevant manufacturer website and attempted to effect a proper repair utilizing information provided on such website, including communication with customer assistance via the manufacturer’s toll-free call-in assistance, if made available by the manufacturer; (ii) written information confirming that the complainant has obtained and utilized the relevant manufacturer’s scan or diagnostic tool necessary for such repair; and (iii) evidence of manufacturer notification as set out in subsection (b).

(d) Except in the instance of a dispute arising between a franchisor manufacturer and its franchisee dealer related to either party’s compliance with an existing franchise agreement, which is required to be resolved pursuant to chapter 93B, a dealer shall have all the rights and remedies provided in this chapter, including, but not limited to, exercising the rights and remedies allowed an independent repair facility.