reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 48a - Cancellation of Membership Camping Contracts

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 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 48b - Use of Credit Card to Obtain Travel Services; Surcharges, Reduction of Agent's Commission

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 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 49 - Debt Collection in an Unfair, Deceptive or Unreasonable Manner

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 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 49a - Retail Trade Reporting Agencies; Disclosures

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 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 51 - Consumer Report; Circumstances Under Which Reporting Agency May Furnish

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 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 51b - Consumer Report; Consent of Consumer Required for User to Obtain, Use or Seek Report; Disclosure of Reason for Accessing Report

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 written, verbal or electronic consent of the consumer, as is appropriate for the manner in which the transaction or extension of credit was negotiated or entered into; and (ii) discloses, prior to obtaining the consumer's consent, the user's reason for accessing the consumer report to the consumer.
Nothing shall prohibit a user who has already secured the consent of the consumer, or an investor or potential investor of an existing credit obligation, from obtaining a consumer report in connection with: (i) the same transaction; (ii) reviewing an existing account; (iii) increasing the credit line on an existing account; (iv) taking collection action on an existing account; (v) providing products and services or offering of products and services to an existing consumer's account.
A user shall not require or request that a consumer waive this section and any such waiver shall be void. Failure to comply with this section shall constitute an unfair practice under clause (a) of section 2 of chapter 93A.
Notwithstanding the restrictions of this section, the department of children and families shall be permitted to obtain a consumer report for any child in the department's custody who is 14 years of age or older without obtaining the consent of the child or disclosing to the child the department's reason for accessing the consumer report in order to fulfill the department's obligations pursuant to 42 U.S.C. 675(5)(I), Public Law 113–183 and section 52A, or any other similar requirement of federal or state law.
The department of consumer affairs and business regulation may promulgate regulations interpreting and applying this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 52 - Information Not to Be Contained in Consumer Report; Exceptions

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 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 52a - Child Support Arrearages; Information Furnished to Consumer Reporting Agencies; Notice to Obligor

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 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 53 - Investigative Consumer Report; Disclosures to Consumer

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 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).
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 54 - Procedures to Be Maintained by Reporting Agency

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 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 55 - Consumer Identifying Information; Furnishing to Governmental Agency by Consumer Reporting Agency

Section 55. 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 57 - Procedure for Consumer Reporting Agency Disclosures; Actions Based on Information Disclosed

Section 57. (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; or
(4) by electronic communication if the consumer has made a written, verbal or electronic request, with proper identification.
(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).
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 59 - Charge to Consumer for Disclosures

Section 59. (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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 60a - Procedures for Accurate Reporting of Public Record Information

Section 60A. 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 61 - Use of Adverse Information in Subsequent Consumer Reports; Verification; Time of Receipt

Section 61. 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 62b - Offering of Paid Products to Prevent or Restrict Access to Credit; Notice of Availability of Security Freeze Without Charge; Identification of Other Consumer Reporting Agencies From Which to Place, Lift or Remove Security Freeze

Section 62B. A consumer reporting agency shall not knowingly offer a paid product to prevent unauthorized access or restrict access to a consumer's credit unless at the time of transaction the consumer reporting agency: (i) notifies the consumer of the availability of obtaining a security freeze without charge and (ii) provides information to the consumer on how to obtain a security freeze.
A consumer reporting agency that compiles and maintains files on consumers on a nationwide basis and receives a request by a consumer for a security freeze shall identify, to the best of its knowledge, any other consumer reporting agency that compiles and maintains files on consumers on a nationwide basis and inform consumers of appropriate websites, toll-free telephone numbers and mailing addresses that would permit the consumer to place, lift or remove a security freeze from such other consumer reporting agency. The consumer reporting agencies subject to this section may establish a centralized source, including, but not limited to, a website, that directs a consumer to such websites, toll-free telephone numbers and mailing addresses.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 63 - Willful Noncompliance With Secs. 50 to 62a; Liability for Damages

Section 63. 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 64 - Negligent Noncompliance With Secs. 50 to 62a; Liability for Damages

Section 64. 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 65 - Jurisdiction; Limitations

Section 65. 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 66 - Obtaining Information From Consumer Reporting Agency Under False Pretenses; Penalty

Section 66. 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 66a - Introducing False Information Into Consumer Reporting Agency's Files; Penalty

Section 66A. 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 67 - Providing Information From Consumer Reporting Agency's Files to Unauthorized Person; Penalty

Section 67. 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 68a - Definitions Applicable to Secs. 68b to 68d

Section 68A. 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 68b - Credit Services Organization; Restrictions

Section 68B. 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 68c - Written Statement of Credit Services Organization Provided to Buyer; Contents

Section 68C. 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 68d - Contract Between Buyer and Credit Services Organization; Requirements

Section 68D. 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 70 - Certification of Title to Mortgaged Premises; Liability of Attorney; Unfair Practice

Section 70. 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 71 - Definitions Applicable to Secs. 72 to 75

Section 71. 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 72 - Purchases and Sales of Hearing Aids; Prerequisites

Section 72. 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 73 - Sale of Hearing Aid by Physician, Otolaryngologist or Audiologist Offering Services Under Sec. 72; Disclosure; Inducement to Influence Recommendation of Purchase

Section 73. 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.