Chapter 93

Section 1. Sections one to fourteen A, inclusive, shall be known, and may be cited, as the ''Massachusetts Antitrust Act''. It is the purpose of this chapter to encourage free and open competition in the interests of the general welfare and economy by prohibiting unreasonable res…

Section 10. Any person who knowingly violates sections four or five with specific intent to injure any person, or knowingly aids or participates in such violation with specific intent to injure any person, shall be punished by a fine not exceeding one hundred thousand dollars if …

Section 100. 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 do…

Section 101. 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 otherwi…

Section 102. (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…

Section 103. (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 an…

Section 104. 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 …

Section 105. (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 ca…

Section 106. (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…

Section 107. (A) As used in this section the following words shall have the following meanings unless the context clearly indicates otherwise:— ''Collateral costs'', expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining…

Section 108. 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 servi…

Section 109. (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…

Section 11. A final judgment or decree rendered in any civil or criminal proceeding brought by the attorney general under this chapter to the effect that a defendant has violated this chapter shall be prima facie evidence against such defendant in any action or proceeding brought…

Section 110. (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 tha…

Section 111. (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 …

Section 112. (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 …

Section 113. (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,…

Section 114. 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 i…

Section 12. Any person who shall be injured in his business or property by reason of a violation of the provisions of this chapter may sue therefor and recover the actual damages sustained, together with the costs of suit, including reasonable attorney fees. If the court finds th…

Section 13. An action brought to enforce the provisions of this Act shall be barred unless commenced within four years after the cause of action accrued. Whenever any civil or criminal proceedings shall be commenced by the commonwealth under this Act, the running of the statute o…

Section 14A. The Massachusetts Antitrust Act shall have no effect upon the provisions of chapter ninety-three A, except as explicitly provided in said chapter ninety-three A.

Section 14E. When used in sections fourteen E to fourteen K, inclusive:— (a) The term ''cost to the retailer'' shall mean the invoice cost of the merchandise to the retailer within thirty days prior to the date of sale, or the replacement cost of the merchandise to the retailer w…

Section 14F. Any retailer who, with intent to injure competitors or destroy competition, advertises, offers to sell or sells at retail any item of merchandise at less than cost to the retailer, together with any sales taxes or excises levied or imposed upon such merchandise by th…

Section 14G. Sections fourteen E and fourteen F and sections fourteen H to fourteen K, inclusive, shall not apply with respect to advertising or offering to sell, or selling, at retail or at wholesale, as the case may be, if done (a) in an isolated transaction and not in the usua…

Section 14H. Upon complaint of any person, the superior court shall have jurisdiction to restrain and enjoin any act forbidden or declared illegal by any provision of sections fourteen E to fourteen K, inclusive; and it shall be the duty of the several district attorneys, in thei…

Section 14I. Whenever the application of any provision of any other law of the commonwealth, except chapter sixty-four C, conflicts with the application of any provision of sections fourteen E to fourteen K, inclusive, said sections shall prevail. If any provision of said section…

Section 14J. If any provision of said sections fourteen E to fourteen K, inclusive, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of said sections, or the application of such provisions to persons or circumstances other t…

Section 14K. Sections 14E to 14K, inclusive, shall be known, and may be cited, as the ''Unfair Sales Act''.

Section 14L. The following words as used in this section and in sections fourteen M to fourteen R, inclusive, shall, unless the context otherwise requires, have the following meanings:— ''Trading stamp'', any stamp or similar device issued in connection with the retail sale of me…

Section 14M. No trading stamp company shall distribute trading stamps in the commonwealth or shall redeem trading stamps issued therein, unless each such stamp has legibly printed upon its face in cents or any fraction thereof a cash value as determined by said company. The said …

Section 14N. No trading stamp company shall distribute or redeem trading stamps in the commonwealth until it has filed with the state treasurer— (a) A statement of registration accompanied by representative samples of its stamps, stamp collection books, stamp redemption catalogue…

Section 14O. On the effective date of each new bond filed with the statement of registration, all liability on bonds previously filed shall terminate, and in the event of default by the trading stamp company to redeem such stamps the rightful holders of trading stamps shall file …

Section 14P. No trading stamp company shall cease the distribution and redemption of trading stamps in the commonwealth unless it notifies the state treasurer in writing at least ninety days prior to such cessation, and gives such written notice at such time to each retailer with…

Section 14Q. In the event a trading stamp company defaults in the performance of its obligation to redeem trading stamps, any rightful holder shall be entitled to file within three months after such default a complaint with the state treasurer. Upon the filing of any such complai…

Section 14R. Any trading stamp company which violates any provision of sections fourteen M to fourteen P, inclusive, shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or both, and the superior court shall have jurisd…

Section 14S. A credit slip issued by a store to a buyer who returns goods, which credit slip enables said buyer to receive other goods of similar value in exchange for the returned goods, may contain a limitation of not less than 7 years within which time said credit slip may be …

Section 15. No officer, agent, clerk or servant of a mining corporation, and no person dealing in the shares of such corporation, shall cause to be published any advertisement of the shares of such corporation in which any statement is made of the value of the property of the cor…

Section 16. An officer or director of a mining corporation who signs any false statement filed with the state secretary under the preceding section, knowing such statement to be false, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not mo…

Section 17. Whoever, having caused the publication of an advertisement described in section fifteen, or being a promoter, officer, clerk or servant of a mining corporation, or a broker or agent for such corporation or for such a promoter, or for the person or corporation causing …

Section 18. An officer of a mining corporation who makes a false statement, knowing the same to be false, in an application to any stock exchange to list the shares of such corporation shall be punished by a fine of not more than five hundred dollars or by imprisonment for not mo…

Section 18A. Every person conducting a laundry or dry cleaning establishment, or offering as an independent contractor the services of such an establishment, shall report to the commissioner of the division of occupational licensure, on forms supplied by the commissioner, the typ…

Section 18B. Every person conducting a commercial coin operated laundry, where there is no full time attendant shall display, in a conspicuous manner, a sign no less than twelve inches square indicating for each different size or style dryer therein, the amount of time a consumer…

Section 2. For purpose of this chapter, the following words and terms shall have the following meanings: ''Attorney general'', the attorney general of the commonwealth and individuals designated by him in writing to act on his behalf in carrying out the purposes of this chapter. …

Section 24. As used in sections 24 to 28, inclusive the following words shall have the following meanings, unless the context requires otherwise:— ''Commissioner'', the commissioner of banks. ''Consumer'', any natural person obligated or allegedly obligated to pay any debt. ''Cre…

Section 24A. (a) No person shall directly or indirectly engage in the commonwealth in the business of a debt collector, or engage in the commonwealth in soliciting the right to collect or receive payment for another of an account, bill or other indebtedness, or advertise for or s…

Section 24B. (a) The application for the license shall be in writing, shall contain information as the commissioner may determine and shall be accompanied by an investigation fee to be determined annually by the commissioner of administration under section 3B of chapter 7. The co…

Section 24C. (a) The registration of a third party loan servicer shall be in writing, shall contain information as the commissioner may determine and shall be accompanied by an investigation fee to be determined annually by the commissioner of administration under section 3B of c…

Section 24D. (a) The commissioner may investigate the collection records of a licensee or registrant, and for that purpose the commissioner shall have free access to the books and papers of a licensee or registrant relating thereto. A licensee or registrant shall keep and use the…

Section 24E. The commissioner may from time to time on an annual or periodic basis require each licensee and registrant to file a report with the commissioner containing information as the commissioner may require concerning the business and operations conducted by a licensee or …

Section 24F. The commissioner, or such other of his assistants as he may designate, may summon a licensee, or any of his agents or employees, and other witnesses as he considers necessary, and examine them relative to their transactions, may require the production of books and pa…