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 74 - Hearing Aid Sales and Delivery Receipts; Copies of Medical Clearance and Hearing Evaluation; Customer Records

Section 74. Every person who sells a hearing aid shall accompany such sale with a receipt that shall include: the name, address and signature of the purchaser; the date of consummation of the sale; the name and address of the regular place of business and the signature of the seller; the make, model, serial number and purchase price of the hearing aid; a statement whether the hearing aid is new, used or reconditioned; the terms of the sale, including an itemization of the total purchase price, including but not limited to the cost of the hearing aid, the earmold, any batteries or other accessories, and any service costs; a clear and precise statement of any guarantee or trial period; and shall also include the following printed statement in ten point type or larger: ''This hearing aid will not restore normal hearing nor will it prevent further hearing loss. The sale of a hearing aid is restricted to those individuals who have obtained a medical evaluation from a licensed physician or otolaryngologist. A fully informed adult whose religious or personal beliefs preclude consultation with a physician may waive the requirement of a medical evaluation. The exercise of such a waiver is not in your best health interest and its use is strongly discouraged. It is also required that a person under the age of eighteen years obtain an evaluation by an audiologist in addition to the medical evaluation before a hearing aid can be sold to such person.''
A copy of the medical clearance statement and audiological evaluation, where required, for the hearing aid shall be attached to the receipt.
Upon the date that the purchaser receives the hearing aid, the seller shall provide a delivery receipt signed by the seller and the purchaser which states the date of delivery to the purchaser of the hearing aid.
The seller shall keep records for every customer to whom he renders services or sells a hearing aid including a copy of such receipt, a copy of the medical clearance and the audiological evaluation, a copy of the delivery receipt, a record of services provided, and any correspondence to or from the customer. Such records shall be preserved for at least four years after the date of the last transaction.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 75 - Violations of Secs. 72 to 74; Effect; Rules and Regulations

Section 75. Violations of the provisions of sections seventy-two to seventy-four, inclusive, in the course of a sale of a hearing aid shall void such sale.
Violations of any of the provisions of sections seventy-two to seventy-four, inclusive, shall constitute an unfair and deceptive trade practice under the provisions of chapter ninety-three A. Such violations may be reported to the office of the attorney general or the director of consumer affairs and business regulation. The office of the attorney general may make such rules and regulations as are necessary to carry out the purposes of sections seventy-one to seventy-five, inclusive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 78 - Definitions Applicable to Secs. 78a to 88

Section 78. For purposes of sections 78A to 88, inclusive, the following words and terms shall have the following meanings:—
''Buyer'', any person who enters into a contract for health club services with a health club.
''Contract for health club services'', a contract which has the primary purpose of providing a person with the right to use the facilities of a health club or with instruction, training, or assistance by a health club in the preservation, maintenance, encouragement or development of physical fitness, conditioning or well-being, including physical culture, bodybuilding, exercising, weight control, figure development or the teaching of martial arts including judo, karate and self-defense, or any similar course of physical fitness training or assistance.
''Health club'', each facility or location or group or chain of facilities or locations, in which any person, firm, corporation, partnership, unincorporated association, franchise or other business enterprise offers facilities for or instruction, training or assistance in the preservation, maintenance, encouragement or development of physical fitness, conditioning or well being. Such term shall include, but not be limited to, health spas, sports, tennis, racquet ball, platform tennis and health clubs, figure salons, health studios, gymnasiums, weight control centers or studios, martial arts and self-defense schools, or any other similar course of physical training.
''Seller'', any person, firm, corporation, partnership, unincorporated association, franchise, franchisor, or other business enterprise which operates a health club or which offers or enters into contracts for health club services.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 78a - Health Clubs to Have Aed and Aed Provider on Premises

Section 78A. A health club shall have on the premises at least 1 AED, as defined in section 12V1/2 of chapter 112, and shall have in attendance during staffed business hours at least 1 employee or authorized volunteer as an AED provider, as defined in said section 12V1/2 of said chapter 112.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 79 - Sellers of Contracts for Health Club Services; Bond Requirement

Section 79. Prior to the execution of any contract for health club services and for a period of five years after initially commencing operation of a health club, every seller which sells contracts for health club services, except weight loss and control services which do not provide physical exercise facilities and classes, and which do not obligate the customer for more than thirty days, and which do not require an initiation fee as a condition of said contract, shall, for each individual health club location or facility, maintain a bond issued by a surety company admitted to do business in the commonwealth. The principal sum of the bond shall be either twenty-five thousand dollars, for each health club location or facility that sells contracts for terms not greater than twenty-four months, or one hundred thousand dollars for each health club location or facility that sells contracts for terms greater than twenty-four months but not greater than thirty-six months, and evidence of such bond shall be filed with the secretary of state within thirty days of its procurement. The bond shall be in favor of the commonwealth for the benefit of any buyer or class of buyers who suffers any loss or damage because a health club facility ceases operation, fails to open or fails to honor a buyer's right to cancel a contract for health club services pursuant to section eighty-two, and who obtains a judgment for said loss or damage which is not satisfied within thirty days of its entry. Said bond shall provide for the surety to pay the amount of such unsatisfied judgment either directly to said buyer or class of buyers or, if the attorney general obtains said judgment on behalf of said buyer or buyers and so directs, then to the attorney general for distribution to said buyers.
The liability of the surety on the bond shall be limited to indemnifying the claimant only for his actual damages. The aggregate liability of the surety to all persons for all breaches of the conditions of the bonds provided for herein shall in no event exceed the amount of the bond.
A change in ownership of a health club or location shall not release, cancel or terminate liability under any bond filed for such health club or location under this section as to any buyer who purchases a health club contract while such bond is in effect, unless the transferee, purchaser, successor or assign of such health club or location obtains a bond under this section for the benefit of such buyer. The fact that any health club is in bankruptcy proceedings, or that its debts have been discharged in bankruptcy, shall not be a bar or defense to a surety's obligation under any such bond.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 80 - Contracts for Health Club Services; Terms

Section 80. No contract for health club services shall be for a term measured by the life of the buyer. No contract for health club services shall be for a term longer than thirty-six months, except that upon expiration of the contract, the seller may offer to the buyer the right to renew his contract for a similar, shorter or longer period not to exceed thirty-six months.
No contract for health club services shall require payments or financing by the buyer over a period that extends more than one month beyond the expiration of the contract. The installment payments shall be in substantially equal amounts exclusive of the down payment and shall be required to be made at substantially equal intervals, not more frequently than one payment per month.
No contract for health club services may contain any provisions whereby the buyer agrees not to assert against the seller or any assignee or transferee of the health club services contract any claim or defense arising out of the health club services contract or the buyer's activities at the health club. No contract for services may require the buyer to execute a promissory note or series of promissory notes which, when negotiated, cuts off as to third parties a defense which the buyer may have against the seller. No contract may be assigned by one health club to another health club without written consent of the buyer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 81 - Contracts for Health Club Services; Cancellation of Contract; Notice; Refund

Section 81. Every contract for health club services shall provide clearly and conspicuously in writing that such contract may be cancelled within three business days after the date of receipt by the buyer of a copy of the written contract or written receipt indicating the buyer's payment for health club services. The contract for health club services shall contain the following written notice in at least ten point bold type:
''CONSUMER'S RIGHT TO CANCELLATION. YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION BY CAUSING A WRITTEN NOTICE OF YOUR CANCELLATION TO BE DELIVERED IN PERSON OR POSTMARKED BY CERTIFIED OR REGISTERED UNITED STATES MAIL WITHIN THREE (3) BUSINESS DAYS OF THE DATE OF THIS CONTRACT OR THE DATE OF YOUR RECEIPT TO THE ADDRESS SPECIFIED IN THIS CONTRACT.''
Notice of the buyer's right to cancel and the method of cancellation under this section shall also be posted clearly and conspicuously on the premises of the health club.
The notice of the buyer's cancellation of his contract shall be in writing and delivered in person or by certified or registered United States mail at the address specified in the contract. Such notice shall be accompanied by the contract forms, membership cards and any other documents or evidence of membership previously delivered to the buyer. All monies paid pursuant to such contract shall be refunded within fifteen business days of receipt of such notice of cancellation. If the buyer has executed any credit or loan agreement to pay for all or part of the health club services, any such negotiable instrument shall be void upon cancellation under this section and shall also be returned to the buyer within said fifteen days.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 83 - Assignment of Contract for Health Club Services; Right of Cancellation Preserved; Notice of Assignment

Section 83. No assignee or creditor who takes a note or other obligation as consideration for a contract for health club services shall fail to honor the consumer's right of cancellation as provided in section eighty-one or eighty-two. No assignee of a contract shall fail to give notice of the assignment to the consumer. A notice of assignment shall be in writing addressed to the consumer at the address shown on the contract and shall identify the contract.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 84 - Unfair and Deceptive Trade Practices of Health Clubs or Sellers of Contracts for Health Club Services

Section 84. It is hereby declared to be an unfair and deceptive trade practice in violation of chapter ninety-three A for a seller, or his agents, employees or other representatives to:
(1) misrepresent directly or indirectly, including in its advertising, promotional materials, or in any other manner, the size, location, available facilities, or equipment of its health club or health clubs, or the location or locations at which its services, facilities or equipment will be offered;
(2) misrepresent directly or indirectly, including in its advertising, promotional materials, or in any other manner, the nature of its courses, membership programs, training devices or methods, services, pricing structure, price discounts, sales or offers;
(3) misrepresent, directly or indirectly, including in its advertising, promotional material, or in any other manner, the number, qualifications, title, status, training or experience of its personnel, agents, employees or other representatives, whether by means of endorsements or otherwise;
(4) use or refer, directly or indirectly, including in its advertising, promotional material, or in any other manner, to fictional organizational divisions or personnel position titles, or make any representation which has the tendency or capacity to mislead or deceive consumers as to the size or importance of the health club, its franchisor, parent, subsidiary or affiliated business, its divisions, or its personnel, or in any other material respect;
(5) fail to clearly and conspicuously post on its health club premises all of its courses and membership prices, discounts, sales or offers;
(6) misrepresent, directly or indirectly, including in its advertising, promotional material, or in any other manner, the nature, extent or availability of any services, guidance, instruction, counseling, assistance, or other attention which the health club will provide to buyers;
(7) misrepresent, directly or indirectly, including in its advertising, promotional material, or in any other manner, or fail to disclose the buyer's rights to cancel under sections eighty-one to eighty-three, inclusive; or
(8) violate or fail to comply with any other provision of sections seventy-eight to eighty-eight, inclusive.
This section shall not be construed to prevent other acts or practices of a seller from being declared to be in violation of said chapter ninety-three A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 85 - Void and Unenforceable Contracts for Health Club Services

Section 85. Any contract for health club services which does not comply with the applicable provisions of this chapter shall be void and unenforceable as contrary to public policy. Any waiver by the buyer of the provisions of this chapter shall be deemed void and unenforceable by the seller as contrary to public policy.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 86 - Actions for Damages or Other Relief; Actions Involving Use or Non-Use of Defibrillator

Section 86. Any buyer who has suffered any injury as a result of a violation of sections seventy-eight to eighty-eight, inclusive, or the attorney general, may bring an action for recovery of damages or other relief, including injunctive relief, multiple damages and attorney's fees, as and to the extent provided for under chapter ninety-three A. Nothing in sections seventy-eight to eighty-eight, inclusive, shall be construed so as to nullify or impair any right or rights which a buyer may have against a seller at common law, by statute, or otherwise. The provisions of said sections seventy-eight to eighty-eight, inclusive, are not exclusive and do not relieve the seller or his assignees or the contracts subject to said sections from compliance with all other applicable provisions of law.
Absent a showing of gross negligence or willful or wanton misconduct, no cause of action against a health club or its employees may arise in connection with the use or non-use of a defibrillator.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 87 - Violations of Secs. 78 to 88; Civil Penalty

Section 87. Any seller or his assignees who violates any provision of sections seventy-eight to eighty-eight, inclusive, or who shall counsel, aid or abet such violation shall be liable for a civil penalty of not more than twenty-five hundred dollars for each such violation. The attorney general may file a civil action in the superior or district court in the name of the commonwealth to recover such penalties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 89 - Dressing Room Surveillance; Penalty

Section 89. No person who owns or operates a retail establishment selling clothing shall maintain in a dressing room a two-way mirror or electronic video camera or a similar device capable of filming or projecting an image of a person inside such dressing room. Whoever violates the provisions of this section shall be punished by a fine of one hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 90 - Definitions Applicable to Secs. 90 to 93

Section 90. For the purposes of sections ninety to ninety-three, inclusive, the following words shall, unless the context requires otherwise, have the following meanings:—
''Consumer lease'', a contract in the form of a lease or bailment for the use of personal property by a natural person for an initial period of time of 4 months or less and for a total contractual obligation not exceeding $25,000, primarily for personal, family or household purposes, that is automatically renewable with each periodic payment after the initial period, but does not obligate the lessee to continue leasing beyond the initial period, and that permits the lessee to become the owner of the property, except that such term shall not be construed to be nor subjected to laws governing any of the following:
(i) a lease agreement that constitutes a credit sale as defined in section 1 of chapter 140D;
(ii) a lease for agriculture, business or commercial purposes;
(iii) a lease made to the commonwealth or a political subdivisions thereof, including, but not limited to, agencies, boards, departments or other such instrumentalities of the commonwealth or a political subdivisions thereof;
(iv) a lease made to an organization;
(v) a lease or agreement that constitutes a retail installment sale agreement as defined in section 1 of chapter 255D;
(vi) a lease or rental of motor vehicles, as defined in section 1 of chapter 90, or tools or garden equipment; and
(vii) a lease or rental of an item of personal property that is leased or rented for less than 7 consecutive days, including all renewals and extensions of the lease or rental agreement.
''Lessee'', a natural person who leases or is offered a consumer lease.
''Lessor'', a person who is regularly engaged in leasing, offering to lease, or arranging to lease under a consumer lease.
''Security'' and ''security interest'', any interest in property which secures payment or performance of an obligation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 91 - Written Statement of Information Prior to Execution of Consumer Lease

Section 91. Each lessor shall give to the lessee prior to the execution of the lease a dated written statement on which the lessor and lessee are identified, setting out accurately and in a clear and conspicuous manner the following information with respect to such lease, as applicable:
(i) a brief description or identification of the leased property, including whether the property is new or used;
(ii) the amount of any payment required by the lessee at or before the execution of the lease;
(iii) the amount paid or payable by the lessee for fees or taxes;
(iv) the amount and description of other charges payable by the lessee and not included in the periodic payments;
(v) if an ongoing option to purchase shall exist, a statement of the method of determining the purchase price at any point in time;
(vi) a statement identifying all express warranties and guarantees made by the manufacturer or lessor with respect to the leased property and identifying the party responsible for maintaining or servicing the leased property together with a description of the party's responsibility;
(vii) a brief description of insurance provided or paid for by the lessor or required of the lessee, including the types and amounts of the coverages and costs;
(viii) a statement that the lessee acquires no ownership rights in the property until the total amount necessary to acquire ownership is paid or any available ongoing purchase option is exercised;
(ix) the number, amount and due dates or periods of payments under the lease and the total amount of such periodic payments necessary to acquire ownership of the leased property by making periodic payments;
(x) a statement that the lessee may terminate the consumer lease without penalty by voluntarily surrendering or returning the property in good repair upon expiration of any lease period along with any past due payments or charges;
(xi) the date of the transaction and the identities of the lessor and lessee;
(xii) notice of the lessee's right to reinstate a consumer lease as provided in section 92B; and
(xiii) the party liable for loss, damage in excess of normal wear and tear or destruction of the leased property.
The disclosures required pursuant to this section may be made in the lease contract to be signed by the lessee or in a separate written document which shall be attached to the lease contract. Any of the information required to be disclosed pursuant to this section may be given in the form of estimates where the lessor is not in a position to know the exact information.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 92 - Advertisement for Consumer Lease; Statement Regarding Payment

Section 92. (a) If an advertisement for a consumer lease states the amount of any payment or states that any or no initial payment is required, the advertisement shall also clearly and conspicuously state the following items, as applicable:
(i) that the transaction advertised is a lease or rental-purchase agreement;
(ii) the total of initial payments required at or before execution of the lease or delivery of the property, whichever is later;
(iii) that a security deposit is required, if applicable; and
(iv) the number, amounts and timing of scheduled payments.
(b) If an advertisement for a consumer lease refers to or states the amount of any payment and that the lessee has the right to acquire ownership of any particular item, the advertisement shall further clearly and conspicuously state the following items, as applicable:
(1) the total of payments necessary to acquire ownership if ownership is acquired through the accumulation of periodic payments; and
(2) that the consumer acquires no ownership rights if the total amount necessary to acquire ownership is not paid or the option to purchase is not exercised by payment of the purchase price.
(c) Any owner or the agents or employees of any owner of any medium in which an advertisement appears or through which it is disseminated shall not be liable under this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 92a - Consumer Lease; Item Disclosure

Section 92A. For each item offered under a consumer lease the lessor shall clearly and conspicuously disclose:
(i) the cash price of the item;
(ii) the amount of the periodic payment; and
(iii) the total number and total amount of periodic payments necessary to acquire ownership.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 92b - Reinstatement of Agreement Following Failure of Timely Payment

Section 92B. (a) A lessee who fails to make a timely payment may reinstate the agreement within 7 days of that date without losing any rights or options that exist under the agreement, by the payment of:
(i) the past due payments and renewal payment; and
(ii) the applicable late fee.
(b) If the lessee returns or voluntarily surrenders the property, during the reinstatement period set forth in subsection (a), other than through judicial process, the lessee may reinstate the agreement during a period of not less than 180 days after the date of the unpaid lease payment by the payment of:
(1) the past due payments and renewable payment;
(2) the reasonable cost of pick-up and redelivery; and
(3) the applicable late fee.
(c) upon reinstatement pursuant to subsection (b), the lessor shall provide the consumer with the same or substitute property of comparable quality and condition.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 94 - Contract for Purchase and Sale of Propane Gas

Section 94. A contract or agreement between a propane gas dealer and a real property owner for the purchase and sale of propane gas shall not be binding upon or enforceable against a subsequent purchaser of said real property.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 95 - Definitions Applicable to Secs. 95 to 100

Section 95. For purposes of sections ninety-five to one hundred, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise:—
''Listed action'', any (a) claim for personal injuries made against any provider of health care services or subscriber, whether for injuries to the person making the claim or to any other person, or (b) complaint or stated intention to complain of the conduct of any provider of health care services or subscriber to any governmental agency, licensing authority or certifying authority.
''Listing service'', any person, firm, corporation, partnership, unincorporated association, franchise, franchisor or other entity which compiles plaintiff personal injury listings for distribution to subscribers.
''Plaintiff'', any person who has initiated a listed action.
''Plaintiff personal injury listing'', a compilation or index of one or more names of persons who have initiated, or currently are initiating, or who have sought or have attempted to seek a settlement of, a listed action.
''Subscriber'', any person, firm, corporation, partnership, unincorporated association, franchise, franchisor or other entity which directly provides health care services or which is engaged in the organization, administration, management, financing or insuring of the provision of health care services and which purchases, rents, borrows or otherwise obtains information contained in a plaintiff personal injury listing.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 96 - Sale or Distribution of Plaintiff Personal Injury Listing; Required Information

Section 96. (1) No plaintiff personal injury listing may be sold or otherwise distributed by a listing service unless it includes a clear and accurate statement of the following information as to each matter listed therein:—
(a) the names and addresses of the parties;
(b) the claim of the plaintiff; and
(c) the current status or disposition of the matter so listed including, when applicable, whether the matter has gone to a hearing or trial, whether the trier of fact has found the defendant liable, the amount of the settlement or award to plaintiff, if any, and the terms of the settlement or award.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 97 - Disclosure of Plaintiff Personal Injury Listing

Section 97. Every listing service shall disclose in writing to all persons named in a plaintiff personal injury listing the fact of such listing and the information contained therein. Disclosure shall also include the identity of all subscribers to whom the person's listing has been furnished and the following statement:
Your name appears in a listing of persons who have taken action against a doctor, clinic, hospital or other health care provider. You have the right to review the information on the list for accuracy and completeness. If you believe any information contained in this listing is either incorrect or incomplete, you may submit a written statement to the listing service explaining in what way the information is incomplete or inaccurate and correcting the information. You cannot be refused the services of any provider of health care services on the basis of your name appearing on this list.
If the person believes the information disclosed to him by the listing service to be either inaccurate or incomplete, such person may submit a written statement to the listing service which explains in what way the information is incomplete or inaccurate and corrects the information. The listing service shall, within twenty days of receiving the statement, correct or complete the listing service's information and shall promptly notify all subscribers of the correct or complete information; provided, however, that if the listing service believes the statement to be incorrect, it shall investigate and state in writing to the person who submitted the statement its reasons for declining to correct or complete the listing in whole or in part. The listing service shall report in all future listings that the person has submitted such a statement, and shall include as part of the listing a copy of such statement and any response of the listing service.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 98 - Unfair and Deceptive Acts or Practices Relating to Plaintiff Personal Injury Listings

Section 98. It is hereby declared to be an unfair and deceptive act or practice in violation of chapter ninety-three A for a subscriber, listing service, or nonsubscriber provider of health care services, or any of their agents, employees or other representatives to:—
(a) Retaliate against a person whose name is contained in a plaintiff personal injury listing by refusing to provide, or refusing to continue to provide, or otherwise interfering with the provision of health care services to the named person or to any member of the named person's family, or by any other manner of discrimination against such person in the provision of health services.
(b) Conspire with any subscriber or provider of health care services to retaliate against a person whose name is contained in a plaintiff personal injury listing by refusing to provide, or refusing to continue to provide, or otherwise interfering with the provision of health care services to the named person or to any member of the named person's family or by any other manner of discrimination against such person in the provision of health services.
(c) Retaliate against a person whose name is contained in a plaintiff personal injury listing by refusing to enroll, insure, or allow to participate in any plan for the provision of health care services the named person or any member of the named person's family or by any other manner of discrimination against such person in the provision of health services.
(d) Violate or fail to comply with any other provision of section ninety-six or ninety seven.
This section shall not be construed to prevent other acts or practices of a listing service or subscriber from being declared to be in violation of said chapter ninety-three A or of any other law.
In any action brought there shall be a presumption of retaliation upon a showing by the plaintiff that (a) his name was contained in a plaintiff personal injury listing, (b) said plaintiff sought services from a subscriber, and (c) said plaintiff was refused such services. This presumption may be rebutted by a showing by the defendant by a preponderance of the evidence that the plaintiff was refused such services for a valid business reason and not in whole or in part due to the appearance of the plaintiff's name in a plaintiff personal injury listing.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 99 - Violations of Secs. 96 to 98; Remedies

Section 99. Any person who is aggrieved as a result of a violation of sections ninety-six to ninety-eight, inclusive, or the attorney general, may bring an action for recovery of actual damages or one thousand dollars, whichever is greater, and other relief, including injunctive relief, civil penalties and attorney's fees as provided by chapter ninety-three A. Nothing in this section shall be construed to allow treble damages pursuant to chapter ninety-three A. Nothing in sections ninety-six to ninety-eight, inclusive, shall be construed so as to nullify or impair any other right or rights which a person may have against a subscriber or listing service at common law, by statute, or otherwise. The provisions of said sections ninety-six to ninety-eight, inclusive, are not exclusive and do not relieve the subscriber or listing services from compliance with all other applicable provisions of law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 100 - Violations of Secs. 96 to 98; Penalties

Section 100. Any subscriber or listing service who violates any provision of sections ninety-six to ninety-eight, inclusive, or who shall counsel, aid or abet such violations, shall be liable for a civil penalty of not less than one thousand dollars nor more than five thousand dollars for each such violation, and other penalties as authorized pursuant to section four of chapter ninety-three A. The attorney general may file a civil action in the superior or district court in the name of the commonwealth to recover such penalties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 101 - Waiver of Consumer Rights Prohibited

Section 101. Any rights granted to consumers under the provisions of any law or regulation enacted or promulgated by the commonwealth or any political subdivision thereof providing protection of such consumers' health, safety or welfare shall not be waived by agreement or otherwise unless specifically permitted by such law or regulation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 102 - Equal Rights; Violations; Civil Actions; Costs

Section 102. (a) All persons within the commonwealth, regardless of sex, race, color, creed or national origin, shall have, except as is otherwise provided or permitted by law, the same rights enjoyed by white male citizens, to make and enforce contracts, to inherit, purchase, to lease, sell, hold and convey real and personal property, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
(b) A person whose rights under the provisions of subsection (a) have been violated may commence a civil action for injunctive and other appropriate equitable relief, including the award of compensatory and exemplary damages. Said civil action shall be instituted either in the superior court for the county in which the conduct complained of occurred, or in the superior court for the county in which the person whose conduct complained of resides or has his principal place of business.
(c) A violation of subsection (a) is established if, based on the totality of circumstances, it is shown that any individual is denied any of the rights protected by subsection (a).
(d) An aggrieved person who prevails in an action authorized by subsection (b), in addition to other damages, shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees in an amount to be fixed by the court.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 103 - Equal Rights; Age and Handicap; Violations; Remedies

Section 103. (a) Any person within the commonwealth, regardless of handicap or age as defined in chapter one hundred and fifty-one B, shall, with reasonable accommodation, have the same rights as other persons to make and enforce contracts, inherit, purchase, lease, sell, hold and convey real and personal property, sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property, including, but not limited to, the rights secured under Article CXIV of the Amendments to the Constitution.
(b) Any person whose rights under the provisions of subsection (a) have been violated may commence a civil action for injunctive and other appropriate equitable relief, including, but not limited to, the award of compensatory and exemplary damages. Said civil action shall be instituted either in the superior court for the county in which the conduct complained of occurred, or in the superior court for the county in which the person whose conduct complained of resides or has his principal place of business.
(c) A violation of subsection (a) shall be established if, based upon the totality of circumstances, it is shown that any individual is denied any of the rights protected by subsection (a).
(d) An aggrieved person who prevails in an action authorized by subsection (b), in addition to other damages, shall be entitled to an award of the costs of the litigation and reasonable attorneys' fees in an amount to be determined by the court.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 104 - Definitions Applicable to Secs. 104 and 105

Section 104. For purposes of this section and section one hundred and five, the following words shall have the following meanings unless the context otherwise requires or specifically prescribes a different meaning:
''Check'', an instrument, draft or order issued or made for the payment of money upon any bank or other depository institution.
''Credit Card'', any instrument or device, whether known as a credit card, credit plate, or by any other name, issued with or without fee by an issuer for the use of the card holder in obtaining money, goods, services, or anything else of value on credit. Credit card shall not include a check guarantee card.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 106 - Video Rental; Records; Penalty

Section 106. (1) No persons engaged in the business of leasing or renting videos or any employee thereof shall maintain records that would indicate the title or category of any video leased or rented by a borrower other than the records necessary to ensure a completed transaction of such video. Records indicating the name of the borrower together with the title or category of the video shall be eliminated within thirty days after the transaction is completed. A transaction shall not be considered complete until all contractual rights or obligations between the parties regarding a particular video have been satisfied, including any credit due, late fees, rewinding charges or settlement for property damage and any investigation related thereto.
(2) No persons engaged in the business of leasing or renting videos or any employees thereof shall make available to a third party records that would indicate the name of the borrower or the title or category of any video leased or rented by a borrower, except under a proceeding authorized by 18 USC 2710(b)(2) (C) and (F).
(3) Any violation of this section shall be punishable by imprisonment in a house of correction for not more than sixty days or a fine of one thousand dollars, or both such fine and imprisonment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 108 - Definitions Applicable to Secs. 108 to 113

Section 108. As used in sections 108 to 113, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Customer'', a person who resides in the commonwealth and subscribes to local or long distance telecommunications services.
''Department'', the department of telecommunications and cable.
''Interexchange carrier'' or ''IXC'', any person engaged in the provision of long distance telephone service.
''Letter of agency'' or ''LOA'', a document meeting the form and content requirements of section 109 and 47 CFR 64.1150.
''Local exchange carrier'' or ''LEC'', any person engaged in the provision of telephone exchange service, not including a person engaged in the provision of commercial mobile service under section 332(e) of the Federal Communications Act of 1934, except to the extent that the department determines such service should be included in the definition of such term.
''Third party verification'' or ''TPV'', service provider, an entity registered with the department pursuant to section 12E of chapter 159 that provides customer authorization confirmation services under section 110.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 111 - Information Booklet Describing Customer's Rights Under Secs. 108 to 113

Section 111. (a) An LEC doing business in the commonwealth shall prepare an information booklet describing customer's rights under the provisions of sections 108 to 113, inclusive. The LEC shall mail such booklet to each of its customers, including new customers. The information booklet shall be approved by the department.
(b) After switching a customer's IXC or LEC, said LEC shall include in the customer's next monthly statement a notice that shall include the following: (i) the customer's telephone number for which the LEC switched the IXC or LEC; (ii) the name, address, and telephone number of the original IXC or original LEC.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XV - Regulation of Trade › Chapter 93 - Regulation of Trade and Certain Enterprises › Section 112 - Customer Refunds

Section 112. (a) If the department determines that a new IXC or new LEC does not have the required LOA or TPV, the department shall calculate and require the new IXC or new LEC to refund the following: (i) to the customer, the difference between what the customer would have paid in IXC or LEC charges at the original IXC or original LEC and actual charges paid to the new IXC or new LEC, if the new IXC's or new LEC's charges are greater than what would have been charged to the customer by the original IXC or original LEC; (ii) to the customer, any reasonable expense the customer incurred, in switching to the new IXC or LEC, or switching back to the original IXC or original LEC; and (iii) the original IXC or LEC, any lost revenue, which shall consist of the amount of the money the original IXC or LEC would have received for the service used by the customer during the time the customer received IXC or LEC services from the new IXC or new LEC if the customer's IXC or LEC had not been switched. This amount shall gross, irrespective of expenses, what the original IXC or original LEC would likely have incurred providing the IXC or LEC services to the customer. If the new IXC's or new LEC's charges to the customer are lower than what would have been charged to the customer by the original IXC or original LEC, the new IXC or new LEC shall pay the original IXC or original LEC the amount equal to the charges received from the customer. Once the new IXC or new LEC refunds the lost revenues to the original IXC or original LEC, the original IXC or original LEC shall refund, credit or adjust any incentives that were lost to the customer by the unauthorized change in the customer's IXC or LEC, including, but not limited to, frequent flyer miles and charitable contributions.
(b) An IXC or LEC determined by the department to have switched any customer's IXC or LEC without proper authorization more than once in a 12 month period, shall be subject to a civil penalty not to exceed $1,000 for the first offense and not less than $2,000 nor more than $3,000 for any subsequent offense. In determining the amount of the civil penalty, the department shall consider the nature, circumstances and gravity of the violation, the degree of the respondent's culpability, and the respondent's history of prior offenses.
(c) An IXC or LEC determined by the department to have switched any customer's IXC or LEC without the proper authorization more than 20 times in a 12 month period may, after a full hearing and determination by the department that such IXC or LEC intentionally, maliciously or fraudulently switched the service of more than 20 customers in a 12 month period, be prohibited from selling telecommunications services in the commonwealth for a period of up to one year. In determining the length of suspension, the department shall consider the nature, gravity of the violation, the degree of the respondent's culpability, and the respondent's history of prior offenses.