Chapter 93

Section 24G. (a) Upon the filing of an application for a license, if the commissioner finds that the financial responsibility, character, reputation, integrity and general fitness of the applicant, and of the partners or members thereof if the applicant is a partnership or associ…

Section 24H. (a) The commissioner, if he has reason to believe that a person other than a licensee has violated this act, shall have the power to make an investigation as he considers necessary, and, to the extent necessary for this purpose, he may examine the person and shall ha…

Section 24I. (a) The commissioner may suspend or revoke a license issued pursuant to this chapter if the commissioner finds that: (1) the licensee has violated this chapter or any rule or regulation adopted hereunder, or any other law applicable to the conduct of its business; or…

Section 24J. (a) If the commissioner determines, after giving notice of and opportunity for a hearing, that a licensee has engaged in or is about to engage in an act or practice constituting a violation of this chapter or a rule, regulation or order hereunder, he may order the li…

Section 24K. The commissioner may enforce this chapter, or restrain any violations thereof, by filing a civil action in any court of competent jurisdiction.

Section 25. The bond required under section 24 shall run to the state treasurer and shall cover an indeterminate period but it may be cancelled at any time as provided in section 26. The bond shall be in the sum of $25,000. The bond shall provide that the person giving the same, …

Section 26. Said bond shall be executed by said person, partnership, association or corporation as principal, with a surety company as surety; or cash may be accepted in lieu of a surety company. The bond shall not be accepted unless it is approved by the state treasurer after ha…

Section 27. The state treasurer shall keep a record open to public inspection of the bonds filed with him under the preceding section, with the names, places of residence and places of business of the principals and sureties, and the name of the officer before whom the bond was e…

Section 28. Any person doing any business for which a bond is required by section twenty-four or any member of a partnership or officer of an association or corporation doing such business shall, upon written demand, render a true and complete account to the person, partnership, …

Section 28A. (1) The following words, as used in this section, shall have the following meanings:— ''Person'' shall include any natural person, corporation, trust, partnership, incorporated or unincorporated association, assignees under voluntary assignments for the benefit of cr…

Section 28D. Whoever violates any provision of sections twenty-eight A to twenty-eight C, inclusive, or section twenty-eight F, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or both, and each day on which a sale…

Section 28E. Upon complaint of any person, the superior court shall have jurisdiction in equity to restrain and enjoin any act forbidden or declared illegal by any provision of sections twenty-eight A to twenty-eight C, inclusive, or section twenty-eight F.

Section 28F. No person shall advertise or offer for sale a stock of goods, wares or merchandise under designation of ''fire sale'', or other designation of like meaning, indicating the effect or result of fire, water or smoke, unless the goods, wares or merchandise so advertised …

Section 29. The outdoor advertising board, herein and in sections twenty-nine A, thirty A and thirty-one called the board, may make, amend or repeal rules and regulations for the proper control and restriction of billboards, signs and other advertising devices, except as provided…

Section 29A. Whenever, within thirty days after notification to the city or town, the board shall have received written objection to an application for a permit, such permit shall issue only after consideration by the board of such objection, and whenever, within thirty days afte…

Section 3. Nothing in the Massachusetts Antitrust Act, hereinafter referred to as the Act, shall apply to any course of conduct, pattern of activity, or activities unless they occur and have their competitive impact primarily and predominantly within the commonwealth and at most,…

Section 30. No person, firm, association or corporation shall post, erect, display or maintain on any public way or on private property within public view from any highway, public park or reservation any billboard or other advertising device, whether erected before August twenty-…

Section 30A. Any billboard, sign or other device, erected after August twentieth, nineteen hundred and twenty, without the authorization or permit of the outdoor advertising division, or of the outdoor advertising authority, or of the department of highways prior to the establish…

Section 31. The supreme judicial and superior courts shall have jurisdiction in equity upon petition of 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 billboard, sign or other device ere…

Section 32. Sections twenty-nine to thirty-one, inclusive, and section thirty-three shall not apply to signs or other devices on or in the rolling stock of any common carrier, nor shall said sections apply to signs or other devices on or in stations, subways or structures of or u…

Section 33. Whoever violates any rule, regulation, ordinance or by-law established or adopted under section twenty-nine shall be punished by a fine of not more than one hundred dollars, and whoever after conviction of such violation unlawfully maintains such a billboard, sign or …

Section 4. Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce in the commonwealth shall be unlawful.

Section 40. 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 lice…

Section 40A. 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 fun…

Section 42. As used in this section and in sections 42A to 42G, inclusive, the following words, shall unless the context clearly requires otherwise, have the following meanings: (1) ''Improper means'', includes, without limitation, theft, bribery, misrepresentation, unreasonable …

Section 42A. (a) Actual or threatened misappropriation may be enjoined upon principles of equity, including but not limited to consideration of prior party conduct and circumstances of potential use, upon a showing that information qualifying as a trade secret has been or is thre…

Section 42B. (a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation of information qu…

Section 42C. The court may award reasonable attorney's fees and costs to the prevailing party if: (i) a claim of misappropriation is made or defended in bad faith, (ii) a motion to enter or to terminate an injunction is made or resisted in bad faith, or (iii) willful and maliciou…

Section 42D. (a) In an action under sections 42 to 42G, inclusive, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the rec…

Section 42E. An action for misappropriation must be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of sections 42 to 42G, inclusive, a continuing disclosure or use constitute…

Section 42F. (a) Except as provided in subsection (b), sections 42 to 42G, inclusive, shall supersede any conflicting laws of the commonwealth providing civil remedies for the misappropriation of a trade secret. (b) Sections 42 to 42G, inclusive, do not affect: (1) contractual re…

Section 42G. Sections 42 to 42F, inclusive, shall be applied and construed to effectuate their general purpose to make uniform the law with respect trade secrets.

Section 43. 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…

Section 43A. 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 natura…

Section 43B. 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 commercia…

Section 48. 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 addres…

Section 48A. 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 commonwealt…

Section 48B. 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…

Section 49. 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…

Section 49A. 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…

Section 5. It shall be unlawful for any person or persons to monopolize, or attempt to monopolize or combine or conspire with any other person or persons to monopolize any part of trade or commerce in the commonwealth.

Section 50. As used in this section and sections fifty-one through sixty-seven, inclusive, the following words shall have the following meanings: ''Breach of security'', shall have the same meaning as in section 1 of chapter 93H. ''Consumer'', an individual. ''Consumer report'', …

Section 51. (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…

Section 51A. (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 notif…

Section 51B. This section shall not apply to users who acquire from consumer reporting agencies a consumer report pursuant to section 51 and 15 U.S.C. section 1681b. A user shall not obtain, use or seek the consumer report of a consumer unless the user: (i) obtains the prior writ…

Section 52. (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…

Section 52A. 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 requir…

Section 53. (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 invest…

Section 54. (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 u…

Section 54A. (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 age…