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 17 - Sale of Stock of Mining Corporation With Knowledge of False Advertisement; Penalty

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 the publication of such advertisement, sells or offers for sale any shares of stock in such corporation knowing that any statement in such advertisement is false or is inconsistent with a statement filed under said section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than two years.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 18 - False Statements to Stock Exchanges; Penalty

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 more than two years.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 18a - Laundry or Dry Cleaning Establishments; Identification Marks; Report of Type and Style; Change in Identification System

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 type and style of laundry or dry cleaning identification marks which are attached to or stamped or written upon garments processed by such establishment when returned to the customer. Such report shall be accompanied by actual samples of the identification markings used. Any change in identification marking systems, either by eliminating such marking or changing the system of identification marking used, shall be reported to the commissioner immediately.
Any person who violates any provision of this section shall be punished by a fine or not more than one hundred dollars or by imprisonment in jail for not more than three months, 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 18b - Coin Operated Laundries; Notice to Consumer of Drying Times

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 receives per coin and the average drying time by fabric type and load size.
Failure to display such sign shall be punished by a fine of not less than one hundred dollars.
Any person conducting a commercial coin operated laundry who is required to display a sign under the provisions of this section shall be punished by a fine of not more than twenty-five dollars for each operation of a dryer that does not provide, within three minutes, the time indicated in said sign.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 24a - Debt Collectors and Third Party Loan Servicers; Licensing and Registration Requirement; Rules and Regulations; Applicability of Section to Student Loan Servicers

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 solicit in print the right to collect or receive payment for another of an account, bill or other indebtedness, without first obtaining from the commissioner a license to carry on the business, nor unless the person or the person for whom he or it may be acting as agent has on file with the state treasurer a good and sufficient bond.
(b) A person shall not directly or indirectly engage in the commonwealth in the business of a third party loan servicer without registering with the commissioner. A registrant shall not be required to comply with sections 24F to 27, inclusive.
(c) This section shall not apply to a bank as defined in section 1 of chapter 167, a national banking association, federal savings bank, federal savings and loan association, federal credit union, or any bank, trust company, savings bank, savings and loan association or credit union organized under the laws of any other state of the United States, or any subsidiary of the above; but except as provided herein, this section shall apply to a subsidiary or affiliate, as defined by the commissioner, of an exempted entity and of a bank holding company established in accordance with state or federal law. The commissioner may adopt, amend or repeal rules and regulations, to aid in the administration and enforcement of this chapter.
(d) The commissioner may from time to time establish regulations pertaining to the conduct of the business of a debt collector or a third party loan servicer as he considers necessary.
(e) A student loan servicer licensed under chapter 93L who is engaged solely in the activities of a student loan servicer shall not be required to: (i) obtain a debt collector license pursuant to subsection (a); or (ii) register as a third party loan servicer pursuant to subsection (b); provided, however, that if a student loan servicer acts, represents, operates or holds itself out as a third party loan servicer or debt collector outside of the scope of said chapter 93L, the student loan servicer shall register as a third party loan servicer or obtain a debt collector license, or both, as appropriate. A licensed student loan servicer who engages in third party loan servicing activities or debt collection activities within the scope of said chapter 93L shall comply with all state and federal laws and regulations governing third party loan servicers and debt collection when acting in such capacity.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 24c - Registration of Third-Party Loan Servicer; Fees; Multi-State Licensing System

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 chapter 7.
(b) The registration shall be for a period of 1 year as of a date determined by the commissioner. Each registration shall plainly state the name of the registrant and the city or town with the name of the street and number, if any, of the place where the business is to be carried on; but, the business shall at all times be conducted in the name of the registrant as it appears on the registration. The fee for the registration shall be determined annually by the commissioner of administration under section 3B of chapter 7. The registration shall not be transferable nor assignable. A change of location of an office of a registrant requires notification in writing to the commissioner.
(c) A registration accepted by the commissioner under this section does not approve the use of, or indemnify the registrant against claims for, the improper use of the business name stated in the registration. The registration shall also include a description of the activities of the applicant, in such detail and for such periods, as the commissioner may require, as well as further information as the commissioner may require.
(d) The commissioner may participate in a multi-state licensing system for the sharing of regulatory information and for the licensing and application, by electronic or other means, of entities engaged in the business of third party loan servicing. The commissioner may establish requirements for participation by a registrant to be a third party loan servicer in a multi-state licensing system which may vary from the provisions of this section. The commissioner may require a background investigation of each registrant for a third party loan servicer license by means of fingerprint and state and national criminal history record checks by the department of criminal justice information services pursuant to section 172 of chapter 6 and the Federal Bureau of Investigation. If the registrant is a partnership, association, corporation or other form of business organization, the commissioner may require a background investigation for each member, director and principal officer of the registrant and any individual acting as a manager of an office location. The registrant shall pay directly to the multi-state licensing system any additional fees relating to participation in the multi-state licensing system.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 24e - Annual or Periodic Report of Debt Collector or Third Party Loan Servicer; Failure to File; Penalties

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 registrant in the commonwealth. A licensee or registrant neglecting to file the report or failing to amend the same within 15 days of notice from the commissioner directing the same, unless such neglect or failure is due to justifiable cause and not due to wilful neglect, shall pay to the commonwealth $5 for each day during which the neglect or failure continues.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 24f - Production of Books and Papers; Administration of Oath; Failure to Appear or Produce Evidence; Obstruction; Penalty

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 papers and, for those purposes may administer oaths. Whoever, without justifiable cause, fails or refuses to appear and testify or to produce books and papers when so required, or obstructs the commissioner or his representatives in the performance of their duties, shall be punished by a fine of not more than $500 or by imprisonment for not more than 6 months, or both. Each day a violation occurs or continues shall be considered a separate offense.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 24g - Requisites for License; Grounds for Denial; Written Decision; Appeal

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 association, and of the officers, directors and principal employees if the applicant is a corporation, are such as to warrant belief that the business will be operated honestly, fairly, soundly and efficiently in the public interest consistent with the purposes of this chapter, he shall thereupon issue the applicant a license to engage in the business of a debt collector. If the commissioner shall not so find, he shall not issue a license and shall notify the applicant of the denial. The commissioner may also reject an application for a license if he finds that any of the following exist:
(1) the applicant made a false statement of a material fact in the application for a license;
(2) an officer, director or member of the applicant's business has, within 10 years before the filing of the application, been (i) convicted of or pleaded
nolo contendere
to a felony, or (ii) committed an act involving fraud or deceit, which act is substantially related to the qualifications, functions or duties of a person engaged in the business of a debt collector; or
(3) the applicant violated this chapter or regulations promulgated hereunder, any similar regulatory scheme of another jurisdiction, or any other law applicable to the conduct of the business sought to be licensed.
(b) Within 20 days thereafter, the commissioner shall enter upon the records a written decision and findings containing the reasons supporting the denial and shall forthwith give written notice thereof by registered mail to the applicant. Within 30 days after the date of the notice, the applicant may appeal from the denial to the superior court for Suffolk county, sitting in equity. The court shall hear all pertinent evidence and determine the facts and upon the facts as so determined, review the denial and, as justice and equity may require, affirm the same or order the commissioner to issue the license. The commissioner shall approve or deny every application for a license within 90 days after the filing thereof, but any failure of the commissioner to act within that period shall not be considered an approval of an application.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 24h - Violation of Act by Non-Applicant; Investigation; Police Authority; Violation of Chapter 93a

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 have the power to compel the production of all relevant books, records, accounts and documents.
(b) The state police and the police of the cities or towns shall carry out the directions of the commissioner in enforcing this chapter and any rules or regulations made hereunder. A violation of this chapter shall also be a violation of chapter 93A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 24i - Revocation or Suspension of License; Grounds; Notice and Hearing; Surrender; Civil and Criminal Liability; Contracts

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
(2) any fact or condition exists which, if it had existed at the time of the original application for the license, would have warranted the commissioner in refusing to issue the license.
(b) Except as provided in section 7, a license shall not be revoked or suspended except after notice and a hearing thereon pursuant to chapter 30A.
(c) A licensee may surrender a license by delivering to the commissioner written notice that it thereby surrenders the license, but the surrender shall not affect the civil or criminal liability of the licensee for acts committed before the surrender.
(d) A revocation, suspension or surrender of any license shall not impair or affect the obligation of any pre-existing lawful contract between the licensee and another person.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 24j - Cease and Desist Orders; Temporary Orders; Notice and Hearing; Review

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 licensee to cease and desist from the unlawful act or practice and take affirmative action as in his judgment will effect the purposes of this chapter.
(b) If the commissioner makes written findings of fact that the public interest will be irreparably harmed by delay in issuing an order under subsection (a) he may issue a temporary cease and desist order. Upon the entry of a temporary cease and desist order, the commissioner shall promptly notify, in writing, the licensee affected thereby that the order has been so entered, the reasons therefor, and that within 20 days after the receipt of a written request from the licensee, the matter will be scheduled for hearing to determine whether or not the temporary order shall become permanent and final. If no hearing is requested and none is ordered by the commissioner, the order shall remain in effect until it is modified or vacated by the commissioner. If a hearing is requested or ordered, the commissioner, after giving notice of and opportunity for a hearing to the licensee subject to the order, by written finding of facts and conclusions of law, shall vacate, modify or make permanent the order.
(c) No order under this section, except an order issued pursuant to subsection (b), may be entered without prior notice of and opportunity for a hearing. The commissioner may vacate or modify an order under this section upon finding that the conditions which required the order have changed and that it is in the public interest to so vacate or modify.
(d) Any order issued pursuant to this section shall be subject to review as provided in chapter 30A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 25 - Amount, Form and Provisions of Bond

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, shall, upon written demand, pay and turn over to or for the person whom any account, bill or other indebtedness is taken for collection the proceeds of the collection in accordance with the terms of the agreement upon which it was received for collection. The bond shall be in such form and shall contain such further provisions and conditions as the state treasurer with the advice and consent of the governor and council considers necessary or proper.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 26 - Sureties; Approval; Filing; Cancellation; Notice

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 having been examined and approved by the commissioner of banks. Upon its approval by the treasurer, it shall be filed in his office. Said bond may be cancelled at any time by the principal, by the surety company or by the state treasurer upon written notice by registered mail given by the principal, the surety company or the state treasurer to each of the others, said notice to state the effective date of the cancellation which shall not be sooner than thirty days from the date of the mailing of such notice.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 27 - Record of Bonds; Open to Public Inspection

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 executed or acknowledged.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 28 - Penalties

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, association or corporation from whom any account, bill or indebtedness was taken for collection and shall turn over to or for such person, partnership, association or corporation the proceeds of such collection within thirty days after such written demand and shall return any claim or claims upon the written demand of such person, partnership, association or corporation within thirty days after such written demand and after the tender of any amounts, if any, as may be due and owing from such person, partnership, association or corporation to the agency.
Whoever fails to comply with any provision of this section or sections twenty-four to twenty-seven, inclusive, or any regulation promulgated in accordance with the provisions of section twenty-four, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than three months, or both.
Failure to comply with any provision of this section or of section twenty-four to twenty-seven, inclusive, or any regulation promulgated in accordance with the provisions of section twenty-four shall constitute an unfair or deceptive act or practice under the provisions of paragraph (
a
) of section two 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 28d - Violations of Secs. 28a to 28c; Penalties

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 is conducted in violation of any of said provisions shall constitute a separate offence.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 28e - Jurisdiction of Superior Court

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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 28f - Fire Sales; Advertising

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 or so offered for sale have, in fact, been salvaged from a fire, and unless such goods, wares or merchandise are segregated and identified. No other goods, wares or merchandise shall be included under such designation in any form of advertising, tagging or labeling.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 29 - Powers of Outdoor Advertising Board; Rules and Regulations; Permits; Hearings

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 in section thirty-two, on public ways or on private property within public view of any highway, public park or reservation. Such rules and regulations may require that said billboards, signs or other devices be located in business, commercial, industrial, marketing or mercantile areas, or on unrestricted commercial arteries and adjacent to commercial enterprises; may prescribe standards of size, setback and clearance, considering the public interest; may require said billboards, signs or other devices to be licensed by the board by the issuance of permits in accordance therewith and with this section; and may prescribe permit fees, to be fixed with regard to the cost of administering this section, and said fees need not be uniform throughout the commonwealth. No permit, whether permanent or temporary, for a billboard, sign or other advertising device shall be issued unless written notice of the application therefor stating the proposed location shall have been given at least thirty days earlier to the city or town in which the proposed billboard, sign or other advertising device is to be located. The board shall delegate to the executive director authority to issue licenses or permits, subject to the provisions of section twenty-nine A, where no objection has been received to the pending application. Except as hereinafter provided, before establishing or amending rules and regulations under this section, the board shall hold duly advertised public hearings in Boston and in such other cities and towns within the commonwealth as it deems necessary or expedient. Cities and towns may further regulate and restrict said billboards, signs or other devices within their respective limits by ordinance or by-law, not inconsistent with sections twenty-nine to thirty-three, inclusive, or with said rules and regulations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 29a - Objection to Application for Permit for Billboard, Sign or Other Advertising Device; Hearing; Issuance; Appeal

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 after notification to the city or town, the board shall have received written notice of intention to appear in opposition to the application, the board shall issue such permit only after a public hearing on due notice to the applicant and the city or town. Any applicant for a permit, or any city or town wherein a permit is to be issued, aggrieved by a decision of the executive director with respect to the issuance or revocation of a license or permit for the erection or maintenance of a billboard, sign or other advertising device, may, within fifteen days thereafter, appeal from such decision to the board, which may, after a public hearing held on due notice, order such decision to be affirmed, modified or annulled. The board may in its discretion order a public hearing with respect to any decision of the executive director within fifteen days after such decision, and may after such hearing order such decision to be affirmed, modified or annulled. The findings of the board on matters heard before it shall be final except with respect to matters of law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 30 - Prohibition of Certain Billboards; Conformance to Rules and Regulations; Application

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-fifth, nineteen hundred and twenty, or not, which advertises or calls attention to any business, article, substance or any other thing, unless such billboard or device conforms to the rules and regulations and ordinances or by-laws established under section twenty-nine; provided, that this section shall not apply to signs or other devices erected and maintained in conformity with law and which advertise or indicate either the person occupying the premises in question or the business transacted thereon, or advertise the property itself or any part thereof as for sale or to let and which contain no other advertising matter or which are maintained on land owned by a person, firm, association or corporation engaged in the outdoor advertising business if owned by the same person, firm, association or corporation on January first, nineteen hundred and twenty-five, and if billboards or other devices were maintained thereon prior to August twenty-fifth, nineteen hundred and twenty, and have been maintained thereon from that time until January first, nineteen hundred and forty-five.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 30a - Abatement and Removal of Billboard, Sign or Other Device; Nuisance

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 establishment of the authority, in cases where such authorization or permit is required, or maintained after said date in violation of any rule or regulation of the board, shall be deemed a nuisance. The outdoor advertising board 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 herein provided shall be in addition to any other remedy provided by law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 31 - Jurisdiction of Supreme Judicial and Superior Courts

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 erected or maintained in violation of any rule, or regulation, adopted by the board under section twenty-nine, and to order the removal or abatement of such billboard, sign or device as a nuisance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 32 - Application of Secs. 29 to 31 and Sec. 33; Exempted Signs, Etc.

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 used by any common carrier unless such signs or devices are displayed within view of a public way.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 33 - Violations of Rule, Regulation, etc., Established Under Sec. 29; Penalties

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 other device for twenty days thereafter shall be punished by a fine of not more than five hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 40 - Solicitation of Business on Public Sidewalks

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 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 40a - Dishonored Checks; Demand for Payment

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 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 AF-
TER 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
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 42a - Trade Secrets; Injunctive Relief

[Text of section applicable as provided by 2018, 228, Sec. 70.]
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 threatened to be misappropriated. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate any economic advantage that otherwise would be derived from misappropriation.
(b) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
(c) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 42b - Trade Secrets; Damages

[Text of section applicable as provided by 2018, 228, Sec. 70.]
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 qualifying as a trade secret. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by the imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.
(b) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (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 42c - Trade Secrets; Attorney's Fees and Costs

[Text of section applicable as provided by 2018, 228, Sec. 70.]
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 malicious misappropriation exists. In considering such an award, the court may take into account the claimant's specification of trade secrets and the proof that such alleged trade secrets were misappropriated.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 42d - Trade Secrets; Preservation of Secrecy; Alleging Misappropriation With Reasonable Particularity

[Text of section applicable as provided by 2018, 228, Sec. 70.]
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 records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
(b) In an action under sections 42 to 42G, inclusive, in alleging trade secrets misappropriation a party must state with reasonable particularity the circumstances thereof, including the nature of the trade secrets and the basis for their protection. Before commencing discovery relating to an alleged trade secret, the party alleging misappropriation shall identify the trade secret with sufficient particularity under the circumstances of the case to allow the court to determine the appropriate parameters of discovery and to enable reasonably other parties to prepare their defense.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 42e - Trade Secrets; Statute of Limitations

[Text of section applicable as provided by 2018, 228, Sec. 70.]
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 constitutes a single claim.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 42f - Trade Secrets; Effect on Other Law

[Text of section applicable as provided by 2018, 228, Sec. 70.]
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 remedies, provided that, to the extent such remedies are based on an interest in the economic advantage of information claimed to be confidential, such confidentiality shall be determined according to the definition of trade secret in section 42, where the terms and circumstances of the underlying contract shall be considered in such determination;
(2) remedies based on submissions to governmental units;
(3) other civil remedies to the extent that they are not based upon misappropriation of a trade secret; or
(4) criminal remedies, whether or not based upon misappropriation of a trade secret.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 42g - Trade Secrets; Uniformity of Application and Construction

[Text of section applicable as provided by 2018, 228, Sec. 70.]
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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 43 - Unsolicited Merchandise

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 same as he sees fit without obligation on his part to the sender.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 43a - Fees, Penalties or Other Charges for Sending Original Bill or Invoice by Postal Mail

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 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 43b - Use by Performing Group of False, Deceptive or Misleading Affiliation, Connection or Association With Recording Group

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 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.