reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.04 - Notification and Scheduling of Arbitration Hearings

Current through Register 1525, July 5, 2024
(1) When scheduling hearings, the arbitration
			 firm shall attempt to accommodate the geographic and time-of-day needs of the
			 parties.
(2) The arbitrator shall
			 mail a notice to the consumer and to the respondent-dealer or
			 respondent-manufacturer (or its designee), as the case may be, within seven
			 days of acceptance of a request for arbitration. The notice shall indicate that
			 the consumer's request for arbitration has been accepted and shall also include
			 general information about the arbitration process, a copy of the consumer's
			 request for arbitration and accompanying narrative.
(3) The foregoing notice shall constitute
			 sufficient notice to the manufacturer that it must cure the nonconformity(s)
			 within seven business days, if the consumer had not previously given such
			 opportunity to the manufacturer as required by M.GL. c. 90, §
			 7N½
.
(4)
			 The hearing shall be held within 44 days of the date that the request for
			 arbitration was accepted. The hearing shall be held no earlier than 21 days
			 after the date of the notice of acceptance unless agreed to by both parties.
			 Notice of the date, time, location of the hearing, and name of the arbitrator
			 shall be mailed by the arbitrator to both parties no later than ten days prior
			 to the hearing.
(5) No later than
			 seven days prior to the hearing, the arbitrator may call both parties to
			 confirm the hearing date. This call shall constitute sufficient notice should
			 either party claim non-receipt of the notice provided for in 201 CMR
			 11.04(4).
(6) Within ten days of
			 the date of the notice of acceptance of the consumer's request for arbitration,
			 the respondent-manufacturer or respondent-dealer, as the case may be, shall
			 mail to the consumer, the arbitrator and the arbitration firm a specific
			 response to the facts and issues raised in the consumer's request for
			 arbitration form. General denials will not satisfy the requirements of 201 CMR
			 11.04(6).
(7) The arbitrator shall
			 notify all parties and the arbitration firm of all procedural rulings and shall
			 seek from OCABR if necessary.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.05 - Rescheduling Arbitration Hearings

Current through Register 1525, July 5, 2024
(1) Either party may request that the
			 arbitrator reschedule the arbitration hearing. The arbitrator shall grant such
			 a request only if received prior to the day of the hearing and only for good
			 cause shown.
(2) Requests to
			 reschedule hearings on the day of the hearing shall be treated according to
			 201 CMR 11.06.
(3) If a request for rescheduling is granted,
			 the arbitrator shall record the date it was received, and assign a new hearing
			 date and location falling within the original 44 day period provided for in
			 201 CMR
			 11.04(4)  if one is
			 available. Notice of such new date shall be made to both parties by any means
			 appropriate for the time then remaining before the hearing.
(4) The arbitrator, OCABR, or the arbitration
			 firm may reschedule any hearing for good cause. In such case, the procedures
			 outlined in
			 201 CMR
			 11.04 will be used.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.06 - Defaults

Current through Register 1525, July 5, 2024
(1) If a party
			 fails to appear at the hearing or requests a rescheduling on the day of the
			 hearing, the arbitrator shall enter judgment by default against that
			 party.
(2) If the defaulting party,
			 within three business days after the hearing, demonstrates good cause to the
			 arbitrator for defaulting, the arbitrator will set aside the default. A new
			 hearing will then be scheduled pursuant to
			 201 CMR
			 11.05.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.07 - Withdrawal

Current through Register 1525, July 5, 2024
(1) A consumer may
			 withdraw his request for arbitration at any time prior to the mailing of a
			 written decision by the arbitration firm.
(2) If the arbitrator receives a request for
			 withdrawal prior to the day of the hearing will constitute a withdrawal without
			 prejudice from the arbitration system. In such case the timeliness of a
			 consumer's request for arbitration will be preserved for two months after the
			 consumer's voluntary withdrawal or the respective time period provided for new
			 and used car filing as specified in
			 201 CMR
			 11.03, whichever is later.
(3) If the arbitrator receives a request for
			 withdrawal on or after the day of the hearing it will be deemed a withdrawal
			 with prejudice. After a withdrawal with prejudice, a consumer will be permitted
			 to participate in state-certified arbitration only if the manufacturer or
			 dealer, as the case may be, voluntarily consents to such proceedings.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.08 - Requests for Information

Current through Register 1525, July 5, 2024
(1)
			 Any party may request information from another provided that it is in writing,
			 will reasonably assist the requesting party in presenting its case, and allows
			 for a reasonable period of time for the gathering of information. The response
			 must be delivered to the requesting party (with a copy to the arbitrator) no
			 later than three business days before the hearing.
(2) Within seven days of any request, any
			 dealer or repair shop which services the consumer's motor vehicle shall provide
			 a copy of all requested work orders, diagnoses, bills, or other relevant
			 documents or information.
(3) The
			 parties involved are encouraged to provide the foregoing documents at no
			 charge. However, if the number of individual pages requested exceeds 50, the
			 party providing the copies may charge the requesting party the actual cost of
			 all photocopying, not to exceed ten cents per page.
(4) Upon reasonable request received no later
			 than seven days before the scheduled date of the hearing, the consumer shall
			 permit the manufacture or used car dealer to examine and test drive the
			 vehicle. The consumer shall have the right to be present during any examination
			 or test drive. The manufacturer or used car dealer shall use no tools other
			 than diagnostic tools, and shall not make any repairs or adjustments. The
			 examination shall not be used as a repair attempt.
(5) The parties shall comply with any
			 requests for additional information made by the arbitrator within seven days,
			 or within such period as the arbitrator designates.
(6) The arbitrator may make procedural
			 rulings, in an equitable and efficient manner to resolve any disputes which
			 arise from the foregoing requests for information.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.09 - The Arbitrator

Current through Register 1525, July 5, 2024
(1) A
			 single arbitrator will conduct each hearing. The choice of the arbitrator is
			 not subject to the approval of either party.
(2) The arbitrator shall not have a personal
			 interest in the outcome of any hearing, nor be acquainted with any of the
			 participants, nor hold any prejudice or bias toward any party or class of
			 parties which might be involved in the proceedings. The arbitrator must
			 disclose such fact to the parties prior to the he a ring.
(3) If either party has a reasonable basis to
			 believe that an arbitrator has violated 201 CMR 11.09(2), the party may request
			 that the arbitrator be disqualified by submitting the request in writing to the
			 OCABR and the arbitration firm and before the hearing if based on information
			 known at that time .
(4) The
			 arbitrator shall be guided by the standards of ethical conduct established in
			 "The Code of Ethics for Arbitrators in Commercial Disputes" prepared by a Joint
			 Committee consisting of a Special Committee of the American Arbitration
			 Association and a Special Committee of the American Bar Association.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.10 - The Hearing

Current through Register 1525, July 5, 2024
(1) The conduct
			 of the hearing will encourage a full and complete disclosure of the
			 facts.
(2) The arbitrator shall
			 tape record the hearing. Either party may tape record or transcribe the hearing
			 at its own expense. Such party shall provide a copy of the recording or
			 transcription to the other party upon request. The requesting party shall pay
			 the copying costs.
(3) The
			 arbitrator shall administer an oath or affirmation to each individual who
			 testifies.
(4) The formal rules of
			 evidence will not apply. The parties may introduce any relevant evidence that
			 will assist the arbitrator in making a decision. The arbitrator may exclude
			 unduly repetitious or clearly irrelevant evidence.
(5) The consumer or his representative will
			 present his evidence first, then the respondent-dealer or manufacturer or its
			 representative will present its evidence.
(6) Each party may question the other after
			 his or her presentation and may question each witness after his or her
			 testimony. The arbitrator may question any party or witness at any
			 time.
(7) Each party is responsible
			 for presenting all his evidence in a concise manner on the day of the
			 hearing.
(8) All written testimony
			 shall include a statement signed by the witness under oath that his testimony
			 is true.
(9) The consumer shall
			 bring the vehicle to the hearing unless the consumer provides a reasonable
			 basis to believe that it is inoperable or unsafe to operate. The arbitrator
			 may, in his discretion, examine, drive, or ride in or on the vehicle.
(10) After a warning, the arbitrator may
			 terminate any hearing that becomes unmanageable due to the behavior of either
			 party and enter judgment by default against the party whose behavior made the
			 hearing unmanageable.
(11) Upon a
			 showing of good cause and with the consent of the other party, a party may
			 present its case by telephone, provided that no less than seven days advance
			 notice is given to the arbitrator and to the other party. In such cases, the
			 party requesting the telephonic hearing shall pay all costs associated
			 therewith, including but not limited to costs for long distance calls,
			 conference calls, and telephone amplification equipment.
(12) Unless the arbitrator receives a
			 consumer's written consent to a delayed decision, the arbitrator may keep the
			 record open only for additional evidence that the arbitrator requests if that
			 will not interfere with the timely rendering of a decision. Such additional
			 evidence shall be provided to both parties.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.11 - The Decision

Current through Register 1525, July 5, 2024
(1) All
			 decisions shall be in writing, dated and signed by the arbitrator, and mailed
			 to both parties and the arbitration firm.
(2) The arbitrator may make an oral decision
			 at the hearing but it shall not be binding until a written decision is mailed,
			 and shall not be used to determine compliance with any time-sensitive
			 deadlines. The arbitrator's decision is final.
(3) The full written decision shall contain a
			 summary of the evidence presented, a finding of facts, a conclusion of whether
			 the motor vehicle meets the standards for refund or replacement (new cars
			 only), a clear calculation of the monetary award if the vehicle meets such
			 standards, and an order if appropriate.
(4) The arbitrator shall mail a decision in
			 each case within 45 days of the acceptance date stamped on the request for
			 arbitration form. Failure to mail the decision within such time period, or to
			 hold the hearing within 44 days of acceptance of the request for arbitration,
			 shall not invalidate the decision.
(5) The date of mailing of the decision,
			 shall determine compliance with the 45 day requirement and be the date used to
			 calculate appeal deadlines.
(6) The
			 arbitrator's decision shall only determine whether the motor vehicle does or
			 does not meet the standards for refund or replacement (new cars
			 only).
(7) Any monetary award for
			 new vehicle arbitration shall be calculated in accordance with M.G. L. c. 90,
			 § 7N½, but may be affected by any previous awards or settlements
			 made to the consumer.
(8) The
			 consumer shall be reimbursed for all continuing costs upon return of the
			 defective vehicle if the consumer has previously submitted documentation to the
			 manufacturer and the arbitration firm that such costs have been
			 accrued.
(9) The arbitrator shall
			 make the following findings with respect to new motor vehicles:
(a) As long as the arbitrator determines
			 that:
1. The nonconformity(s) complained of
			 substantially impairs the use, market value, or safety of the vehicle;
			 and
2. The consumer gave the
			 manufacturer or dealer a reasonable number of attempts to repair the vehicle as
			 defined in M.G.L. c. 90, § 7N½(4), and
3. That all other requirements of M.G.L. c.
			 90, § 7N½ have been met, the arbitrator must find for the consumer,
			 and order the manufacturer to make a refund or replacement at the consumer's
			 option within 21 days of the finding in favor of the consumer.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.12 - Disputing the Arbitrator's Decision

Current through Register 1525, July 5, 2024
(1) The arbitrator, OCABR, or the arbitration
			 firm may make " technical corrections" to an arbitrator's decision. "Technical
			 corrections" shall generally be defined as computational corrections,
			 typographical corrections, or other minor corrections.
(2) Either party may request a technical
			 correction in writing, setting forth the requested correction and reason
			 therefor, and must be received by the OCABR and the arbitration firm within 14
			 days of the mailing of the arbitrator's full written decision. A request for
			 technical corrections will not toll the 21 day award/appeal period.
(3) All claims concerning procedural
			 irregularities, or complaints concerning an arbitrator's conduct or legal
			 errors should be made by parties in writing to the OCABR. This information is
			 requested to assist the OCABR in its oversight of the arbitration process and
			 will not constitute an appeal of any kind.
(4) A dissatisfied manufacturer or dealer may
			 appeal a decision through a court of competent jurisdiction. A dissatisfied
			 consumer may file suit against the dealer under M.G.L. c. 93A.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.13 - The Award for "Used Cars"

Current through Register 1525, July 5, 2024
(1) After an arbitrator's finding in favor of
			 a consumer, the dealer shall notify the consumer whether it intends to issue an
			 award or appeal the decision. If the dealer indicates its intention to issue an
			 award, the dealer and the consumer shall take all reasonable steps to ensure
			 that the award is issued within the award/appeal period. Among other reasonable
			 steps, the consumer and the dealer shall cooperate with each other to execute
			 all necessary documents in order to clear the title of any
			 encumbrances.
(2) The consumer
			 shall have the option of rejecting the award and retaining possession of the
			 vehicle. A consumer who rejects an award will not be entitled to further M.G.L.
			 c. 90, § 7N¼ warranty repairs.
(3) In computing the award/appeal period, the
			 last day of the period so computed shall be included unless it is not a
			 business day, in which event the period runs until the end of the next business
			 day.
(4) Within seven days after
			 issuing a refund to a consumer pursuant to an award, the dealer shall notify
			 the arbitration firm in writing of the consumers name, the arbitration firm
			 case number, the date and amount of the refund.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.14 - Damaged Vehicles

Current through Register 1525, July 5, 2024
(1) If a
			 vehicle that is the subject of arbitration is damaged beyond reasonable wear
			 and tear through no fault of the dealer or manufacturer, and that damage is
			 unrelated to the defect, the consumer must:
(a) repair the damage; or
(b) pay to the dealer the reasonable costs of
			 repair; or
(c) allow a deduction
			 from the award for the reasonable costs of repair.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.15 - Used Vehicle Dealer Warranty

Current through Register 1525, July 5, 2024
(1) Every dealer that sells a used vehicle
			 that is covered by the warranty established by M.G.L. c. 90, § 7N¼
			 shall complete and give to the consumer at the time of sale at no charge a copy
			 of the warranty set forth in
			 201 CMR
			 11.22(3)  on a separate
			 piece of paper.
(2) The dealer
			 shall ask the consumer to sign and date a copy of that warranty and shall
			 retain that copy for 12 months after the delivery of the vehicle to the
			 consumer. This signed copy will serve as evidence that a copy of the warranty
			 was provided to the consumer as required by M.G.L. c. 90, §
			 7N¼.
(3) If the dealer gives
			 the consumer a copy of the warranty at the time of sale, the warranty period
			 will commence to run on the date the consumer accepts delivery of the vehicle.
			 If the dealer fails to give the consumer a copy of the warranty at the time of
			 sale, or gives the consumer a copy that is incomplete or inaccurate, the
			 warranty period will not begin until the dealer gives the consumer a complete,
			 accurate copy. However, a dealer's failure to give the consumer a complete,
			 accurate copy of the warranty will not affect the consumer's rights to warranty
			 repairs and to arbitration.
(4) No
			 dealer shall seek a waiver by a consumer of his or her rights pursuant to
			 M.G.L. c. 90, § 7N¼ and
			 201 CMR 11.00. Any such
			 waiver will be unenforceable.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.16 - Used Vehicle Dealer Warranty Repair Period

Current through Register 1525, July 5, 2024
(1) Subject to the tolling provisions and
			 manufacturer warranty provisions of M.G.L. c. 90, § 7N¼ and
			 201 CMR 11.00, the dealer
			 shall accept return of the vehicle from the consumer and refund the full
			 repurchase amount, less a reasonable allowance for use, if either:
(a) the same defect was subject to three
			 repair attempts and continued to exist or recurred within the warranty period;
			 or
(b) the vehicle was out of
			 service for a cumulative total of more than ten business days for repair of any
			 defect or defects and a defect continued to exist, recurred or arose during the
			 warranty period; provided that such defect or defects impaired the use or
			 safety of the vehicle.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.17 - Used Vehicle Dealer Warranty Repair Receipts

Current through Register 1525, July 5, 2024
(1) When returning a used motor vehicle to a
			 consumer after a warranty repair attempt, whether such repair attempt was made
			 by the dealer or the manufacturer or another, the dealer shall provide the
			 consumer with a warranty repair receipt. The dealer shall record on the
			 warranty repair receipt, in addition to the information required by
			 940 CMR
			 5.00, the following:
(a) the date the vehicle was presented to the
			 dealer for repair;
(b) the date the
			 vehicle was returned to the consumer;
(c) the number of days the consumer's
			 warranty has been extended as a result of the repairs;
(d) the mileage on the date the vehicle was
			 presented for repair and on the date the vehicle was returned to the
			 consumer;
(e) the defect(s) and
			 symptom(s) complained of;
(f) the
			 work performed in an attempt to correct the defect(s) or symptom(s);
(g) the identity of the person or entity that
			 performed the work if not the dealer;
(h) any parts replaced in performing the
			 work; and
(i) any amount charged to
			 the consumer for the repair.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.18 - Manufacturer Warranty Repairs

Current through Register 1525, July 5, 2024
Defects that involve parts that are covered under an express
				warranty issued by the manufacturer of the used motor vehicle will be excluded
				from the warranty required by M.G.L. c. 90, § 7N¼, provided that
				the following conditions are met:
(1)
			 the dealer gives the consumer a copy of the manufacturer's warranty at the time
			 of sale;
(2) the manufacturer's
			 warranty has been duly assigned or transferred to the consumer;
(3) the manufacturer's warranty is
			 enforceable by the consumer according to its terms;
(4) the manufacturer's warranty is not
			 inconsistent with M.G.L. c. 90, § 7N¼; and
(5) the dealer assures that the defect(s)
			 covered by the manufacturer's express warranty is repaired.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.19 - Used Vehicle Dealer Repurchases

Current through Register 1525, July 5, 2024
(1) Any dealer that wishes to exercise its
			 option to repurchase a vehicle pursuant to M.G.L. c. 90, §
			 7N¼(3)(A)(iv) must provide the consumer with an offer to do so in
			 writing setting forth the total amount offered, which shall be the full
			 repurchase amount as set forth in
			 201 CMR
			 11.11(11), and must itemize
			 the offer.
(2) The consumer is free
			 to reject the dealer's offer to repurchase the vehicle. If the consumer rejects
			 an offer that is for the full repurchase amount and the offer otherwise
			 complies with M.G.L. c. 90, § 7N¼ and
			 201 CMR
			 11.02, the consumer will not be entitled to
			 further M.G.L. c. 90, § 7N¼ warranty repairs.
(3) If the consumer rejects an offer that is
			 for less than the full repurchase amount, or that is otherwise not in
			 compliance with 201 CMR 11.19, the consumer will remain entitled to warranty
			 repairs.
(4) If an offer is open
			 only for a limited period of time, the dealer shall state in the offer that the
			 time limit is good for at least five business days after the consumer receives
			 the offer, subject to the provisions of 201 CMR 11.19(6).
(5) If a consumer accepts a repurchase offer,
			 the dealer shall pay the consumer the full amount of the offer immediately upon
			 receipt of the title to the vehicle. The consumer and the dealer shall
			 cooperate with each other to execute all necessary documents in order to clear
			 the title of any encumbrances. If necessary to clear the title, the dealer
			 shall pay some or all of the repurchase amount to the lien holder.
(6) If there is a dispute as to whether the
			 offer is for the full repurchase amount, either party may request a
			 determination by the OCABR as to the full repurchase amount. If either party
			 requests such a determination, the offer shall remain open until one business
			 day after the parties receive notice of the OCABR's determination. If the OCABR
			 determines that the full repurchase amount is higher than that offered by the
			 dealer, the dealer shall have the option of either offering the full repurchase
			 amount as determined by the OCABR or withdrawing the offer. If the dealer
			 withdraws the offer, the consumer shall remain entitled to M.G.L c. 90, §
			 7N¼ warranty repairs and to arbitration if otherwise eligible.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.20 - Used Vehicles Purchased For Less Than $700

Current through Register 1525, July 5, 2024
Vehicles with a total sale price of less than $700 are not
				covered by M.G.L. c. 90, § 7N¼ warranties. For the purposes of 201
				CMR 11.20, the total sale price includes the amount paid for the vehicle,
				including the value of any trade-in vehicle including any over allowance, plus
				the cost of any options purchased from or through the dealer, the cost of
				preparing the car for purchase and delivery, and any other charges or service
				charges made by the dealer in connection with the vehicle's sale or delivery.
				Excluded from the total sale price are sales tax, excise tax, finance charges,
				registration fees, the cost of any extended warranty or service contract, and
				the cost of motor vehicle insurance.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.21 - Resale of Repurchased Vehicles

Current through Register 1525, July 5, 2024
Dealers shall provide the OCABR on a quarterly basis a list of
				the VIN numbers, names of previous owners, the new purchaser's name and
				address, and registration numbers of vehicles returned under M.G.L. c. 90,
				§ 7N¼ and resold in Massachusetts.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.23 - Notices to Consumers (New Vehicles)

Current through Register 1525, July 5, 2024
All new motor vehicles and those used motor vehicles still within
				the term of protection which are sold, offered for sale, or displayed in
				Massachusetts shall have affixed to the window (or in the case of motorcycles,
				conspicuously affixed to the body) by yellow sticker, in not smaller than ten point
				type:
ATTENTION CONSUMERS
The Massachusetts "Lemon Law", General Laws Chapter 90, Section
				7N1/2 provides protection for consumers who have serious problems with their new
				vehicle.
UNDER THE LEMON LAW, YOU HAVE A RIGHT TO A REFUND OR REPLACEMENT OF
				THE VEHICLE IF:
(a) there is a substantial
			 defect(s),
AND
(b) the defect still exists or has recurred after
			 either:
1. three or more repair attempts for the
			 same defect, or
2. being out of service
			 by reason of repair for any combination of defects for a cumulative total of 15 or
			 more business days, within one year or 15,000 miles (whichever comes first) after
			 original delivery,
AND
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.24 - Sales Reports

Current through Register 1525, July 5, 2024
(1) By January
			 31st of every year, every dealer that has had any Used Vehicle Warranty Law
			 cases accepted for arbitration against it in the previous calendar year shall
			 submit to the OCABR a sales report indicating the number of used vehicles sold
			 by the dealer in the previous year.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 11.00 - New And Used Motor Vehicle Arbitration › Section 11.25 - Miscellaneous Provisions

Current through Register 1525, July 5, 2024
(1)
			 All correspondence by parties to the OCABR should be directed to the attention
			 of the New and Used Vehicle Arbitration Director.
(2) Situations not covered in
			 201 CMR 11.00 shall be
			 handled by the OCABR or the arbitrator in an equitable and efficient
			 manner.
(3) The OCABR may issue
			 advisory opinions regarding issues arising in the arbitration
			 program.
(4) Upon a finding of
			 extraordinary circumstances, the OCABR may, in its sole discretion, waive any
			 of
			 201 CMR 11.00, if such waiver
			 would be in the public interest, and serve to carry out the purpose or intent
			 of the New and Used Vehicle Arbitration Program.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 12.00 - Massachusetts Do Not Call Registry › Section 12.02 - General Telephone Solicitation Regulations

Current through Register 1525, July 5, 2024
(1) No telephone solicitor shall make or
			 cause to be made an unsolicited telephonic sales call to a consumer if the
			 consumer's name and telephone number appear on the then current quarterly "do
			 not call" registry maintained by the Office of Consumer Affairs and Business
			 Regulation as otherwise detailed within
			 201 CMR
			 12.03.
(2) No telephone solicitor shall make or
			 cause to be made an unsolicited telephonic sales call to a consumer between the
			 hours of 8:00 P.M. to 8:00 A.M., local time at the consumer's
			 location.
(3) No telephone
			 solicitor shall make or cause to be made an unsolicited telephonic sales call
			 to a consumer through, by or in the form of electronically transmitted
			 facsimile(s).
(4) No telephone
			 solicitor shall make or cause to be made an unsolicited telephonic sales call
			 to a consumer by the use of a recorded message device.
(5) No telephone solicitor shall use or cause
			 to be installed a blocking device or service to circumvent a consumer's use of
			 a caller identification service or device.
(6) All telephone solicitors engaging in
			 unsolicited telephonic sales calls of Massachusetts consumers must institute
			 procedures for honoring the list of Massachusetts consumers who have elected
			 not to receive unsolicited telephonic sales calls in compliance with M.G.L. c.
			 159C and
			 201 CMR 12.00
et
			 seq
.
(7) All telephone
			 solicitors engaging in unsolicited telephonic sales calls of Massachusetts
			 consumers shall, at the be ginning of such call, disclose all of the following
			 information within the first minute of a telephonic sales call and before
			 requesting, accepting or arranging for payment by a consumer:
(a) that the purpose of the telephone call is
			 to make a sale or solicit funds;
(b) the correct name of the telemarketing
			 company that employs the individual telemarketer who is making the
			 call;
(c) the correct name of the
			 ultimate seller whose goods or services are being offered by means of the
			 telemarketing call; and
(d) a
			 complete and accurate description of the goods or services being offered
			 including, but not limited to, the retail market value of the goods or
			 services.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 12.00 - Massachusetts Do Not Call Registry › Section 12.03 - Maintaining the Massachusetts Do Not Call Registry

Current through Register 1525, July 5, 2024
(1) The Office of Consumer Affairs and
			 Business Regulation shall maintain or cause to be maintained a database of
			 names and telephone numbers of consumers who have elected not to receive
			 unsolicited telephonic sales calls.
(2) The election by a consumer to be placed
			 upon the do not call registry shall be made in a manner prescribed by the
			 Office.
(3) A consumer's election
			 shall be valid and shall not expire until such time as the consumer makes a
			 written request for a deletion of the consumer's listing on a form as
			 prescribed by the Office or the consumer changes the telephone number so
			 listed.
(4) The Office shall update
			 the do not call registry on a quarterly basis each year.
(5) The Office shall include in the do not
			 call registry the names and telephone numbers of those Massachusetts consumers
			 who enroll in a national do not call database maintained by the Federal
			 Communications Commission, the Federal Trade Commission or any other relevant
			 federal agency maintaining such a database.
(6) The information contained in the do not
			 call registry shall be protected from public inspection and public disclosure
			 pursuant to M.G.L. c. 159C and the Office will protect the confidentiality of
			 the information in the database in a manner consistent with M.G.L. c.
			 159C.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 12.00 - Massachusetts Do Not Call Registry › Section 12.04 - Telephone Solicitor's Access to the Massachusetts Do Not Call Registry

Current through Register 1525, July 5, 2024
(1) It is the duty
			 of the telephone solicitor engaging in unsolicited telephonic sales calls of
			 Massachusetts consumers to properly register on an annual basis with the
			 Office. Such telephone so licitors shall submitan application in writing to the
			 Office on or before January 1st of each year. The
			 application must contain, but shall not be limited to, the telephone
			 solicitor's name, including aliases, trade names and assumed names, address,
			 telephone number and name of agent and address for service of process, along
			 with a statement from an officer of the company affirming that the company will
			 fully comply with the provisions of M.G.L. c. 159C and
			 201 CMR 12.00
et
			 seq
.
(2) The Office will
			 provide access to properly registered telephone solicitors of the do not call
			 registry of telephone numbers of Massachusetts consumers who have elected not
			 to receive telephone solicitations. Said registry shall be made available in
			 such formats and for such fees as the Office deems advisable. Information
			 contained in the do not call registry shall be used only for the purposes of
			 compliance with M.G.L. c. 159C and
			 201 CMR 12.00
et
			 seq
. or relative to an authorized proceeding or action.
(3) Telephone solicitors engaging in
			 unsolicited telephonic sales calls of Massachusetts consumers must ensure that
			 they have the most recent version of the do not call registry and have an
			 approved registration prior to soliciting any Massachusetts
			 consumers.
(4) Telephone solicitors
			 engaging in unsolicited telephonic sales calls of Massachusetts consumers shall
			 pay on or before January 1st of each year an annual
			 registration fee with the Office which shall cover the period of January 1 to
			 December 31 of that calendar year. Applicants who fail to timely pay the annual
			 registration fee set by the Office shall be deemed to have an incomplete
			 filing, shall not be properly registered and shall not be eligible to receive
			 the applicable do not call registry.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 12.00 - Massachusetts Do Not Call Registry › Section 12.05 - Consumer Registration with the Massachusetts Do Not Call Registry

Current through Register 1525, July 5, 2024
(1) The Office
			 shall maintain the operation of a do not call registry on which to compile a
			 list of names and telephone numbers of Massachusetts consumers who elect not to
			 receive unsolicited telephonic sales calls. Such registry may be operated by
			 the Office or by any other authorized entity under contract with the
			 Office.
(2) Massachusetts consumers
			 may enroll in the registry in a manner prescribed by the Office at no cost to
			 the enrolling consumer. Enrollment will become effective 60 days after the
			 appearance of the consumer's listing in the first quarterly registry that is
			 available after the consumer enrolls.
(3) A Massachusetts consumer who enrolls in
			 the registry will remain validly enrolled in the do not call registry until
			 such time as the enrolled consumer makes a written request for deletion of the
			 applicable listing on a form as prescribed by the Office.
(4) If an enrolled consumer's listed
			 telephone number changes during the period of enrollment, said change shall
			 operate in the same fashion as a written request for deletion and the consumer
			 will be deemed disenrolled in the registry for that particular telephone
			 number.
(5) Deletions and
			 disenrollments shall be made within a reasonable time of notice but in no event
			 later than the publication of first quarterly registry that is available 60
			 days after the date of written request for deletion by the enrolled
			 consumer.
(6) Business telephone
			 subscribers may not be included in the registry.
(7) The Office, or its designated
			 representative, may purge the registry periodically to ensure
			 accuracy.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 12.00 - Massachusetts Do Not Call Registry › Section 12.06 - Public Education about the Massachusetts Do Not Call Registry

Current through Register 1525, July 5, 2024
(1) Local exchange companies shall notify
			 their residential telephone customers at least on an annual basis on how to
			 enroll on the registry and about the provisions of M.G.L. c. 159C and
			 201 CMR 12.00
et
			 seq
. New residential telephone customers shall be so notified within
			 60 days after the initiation of service and not less than annually
			 thereafter.
(2) In addition to the
			 notification required within 201 CMR 12.06(1), White Pages published by local
			 exchange companies or their affiliates shall include information informing
			 Massachusetts residential telephone customers how to be enrolled on the
			 registry and about the provisions of M.G.L. c. 159C and
			 201 CMR 12.00
et
			 seq
.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 12.00 - Massachusetts Do Not Call Registry › Section 12.07 - Miscellaneous

Current through Register 1525, July 5, 2024
Complaint Investigations and
				Enforcement
. The Attorney General is empowered to investigate and
				prosecute, in his sole discretion, any allegations of violations of M.G.L. c.
				159C.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.01 - Purpose

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 201 CMR 14.00 sets forth
			 procedures for operation of private arbitration services program within the
			 Office of Consumer Affairs and Business Regulation (OCABR) to consider disputes
			 between homeowners and contractors, or subcontractors, and in the case of
			 deceased contractor, or subcontractors, their administrator, executor or
			 personal representative, as required by M.G.L. c. 142A, § 4. It is
			 designed to promote the speedy, efficient and fair disposition of disputes
			 arising out of the improvement of an owner-occupied, one-to-four family
			 residential home by a registered contractor or subcontractor. It also sets
			 forth procedures for homeowner access to a Guaranty Fund. The Guaranty Fund,
			 established by M.G.L. c. 142A, § 5, compensates homeowners for actual
			 losses they incur as a result of registered contractor or subcontractor conduct
			 found by an approved arbitrator or court of competent jurisdiction to be work
			 performed in a poor or unworkmanlike manner or which is a common law violation
			 or a violation of any statute or regulation designed for the protection of
			 consumers.
(2)
Applicable Regulations
. Other regulations applicable
			 to M.G.L. c. 142A include:
(a)
									201 CMR 18.00:
Registration and Enforcement of Home Improvement Contractor
			 Program
promulgated by the director of the Office of Consumer Affairs
			 and Business Regulation.
(b)
									940 CMR 8.00:
Mortgage
			 Brokers and Mortgage Lenders
promulgated by the Office of the Attorney
			 General.
(c)
									209 CMR 42.00:
The
			 Licensing of Mortgage Lenders and Mortgage Brokers
promulgated by the
			 Division of Banks and Loan Agencies.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.03 - Arbitration Requests

Current through Register 1525, July 5, 2024
(1)
List of Approved Arbitrators
. The director of OCABR
			 shall maintain a list of arbitrators who have been approved to arbitrate home
			 improvement disputes under M.G.L. c. 142A and
			 201 CMR 14.00. Such list
			 shall be public and shall be made available upon request.
(2)
Arbitration
			 Application
. Any eligible party seeking arbitration pursuant to
			 M.G.L. c. 142A of a home improvement dispute shall submit a request for
			 arbitration to the OCABR on a form supplied by the OCABR.
(3)
Application
			 Requirements
. To be eligible for arbitration, the request for
			 arbitration must:
(a) comply with 201 CMR
			 14.03(2);
(b) be
			 complete;
(c) be for a one-to-four
			 unit, owner-occupied residence or property located in Massachusetts;
(d) include a narrative description of the
			 problem;
(e) involve a contractor
			 or subcontractor, or in the case of a deceased contractor or subcontractor,
			 their administrator, executor, or personal representative, registered with the
			 OCABR as of the date of the contract;
(f) include a copy of the written contract;
			 and
(g) include a monetary amount
			 sought.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.04 - Role of OCABR

Current through Register 1525, July 5, 2024
(1)
Duties
. The OCABR is responsible for the daily
			 administrative duties of the program and for providing information to
			 prospective applicants. These duties include, but are not be limited to,
			 reviewing cases for technical acceptability; checking the status of the
			 contractor or subcontractor to determine if he or she is registered with OCABR;
			 collecting arbitration hearing fees; providing information to the parties prior
			 to the hearing; providing recording devices for the hearing if applicable;
			 providing training sessions for new arbitrators where necessary; reviewing
			 arbitrators' decisions; acting on requests for technical corrections; providing
			 recordings of the hearing if requested by the parties; providing statistical
			 reports of the program; printing and distributing all applications and
			 materials necessary to the program (except that OCABR will create the
			 application form and provide a basic consumer information pamphlet for the
			 program); and providing general recordkeeping functions.
(2)
Document
			 Retention
. The OCABR shall retain any documents, tapes and
			 materials involved in arbitrations for at least three years.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.05 - Processing of Request for Arbitration Forms

Current through Register 1525, July 5, 2024
(1)
Request Intake
.
			 The OCABR shall date-stamp and assign a case number upon receipt of a submitted
			 request for arbitration form.
(2)
Request Review
. The OCABR shall review submitted
			 request for arbitration forms for completeness and compliance with
			 201 CMR
			 14.03 within 14 business days of
			 receipt.
(3)
Notification of Status
. The OCABR shall promptly
			 provide written notice of the status of the request for arbitration:
(a)
Eligibility
. If
			 the application satisfies the eligibility requirements, the eligibility notice
			 shall include a conflict of interest form for listing any potential witnesses,
			 attorneys, or other persons, that might appear on behalf of the parties. The
			 form shall be provided to the arbitrator at the time of appointment to
			 determine whether any conflicts of interest exist between the potential
			 arbitrator and any of the parties to the arbitration case. Upon receipt of the
			 conflict of interest form, OCABR shall appoint an arbitrator, and advise the
			 claimant of the arbitration hearing fee due.
(b)
Incomplete
.
			 Incomplete forms shall be returned to the applicant for completion. Such forms
			 when completed must be received by OCABR within 30 business days or the
			 applicant's period of eligibility for filing the request, whichever is later.
			 OCABR may reject any request that is not timely filed.
(c)
Ineligibility
.
			 If a request is rejected, a written statement of the reasons for the rejection
			 shall be sent to the applicant promptly.
Code of Massachusetts Regulations › 201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION › Title 201 CMR 14.00 - HOME IMPROVEMENT CONTRACTOR ARBITRATION AND GUARANTY FUND › Section 14.06 - The Arbitrator

Current through Register 1525, July 5, 2024
(1)
Selection of Arbitrator
. The OCABR shall appoint the
			 arbitrator when the applicant is deemed eligible for arbitration. A single
			 arbitrator shall conduct each hearing.
(2)
No Party Approval
			 Power
. The choice of the arbitrator is not subject to the approval
			 of either party.
(3)
Lack of Bias Requirement
. The arbitrator shall not
			 have a personal interest in the outcome of any hearing, nor be acquainted with
			 any of the participants except as such acquaintance may occur in the hearing
			 process, nor hold any prejudice or bias toward any individual party or class of
			 parties which might be involved in the proceedings.
(4)
Disclosure of
			 Conflicts
. If an arbitrator is currently, or has been in the past,
			 a contractor or subcontractor, either part-time or full-time, or if the
			 arbitrator has been the claimant or respondent for any action pursuant to
			 M.G.L. c. 142A, he or she must disclose this fact to the parties prior to the
			 hearing. Either party may then request another arbitrator with a showing of
			 good cause that the conflict will affect the arbitration outcome.
(5)
Arbitrator
			 Disqualification
. If either party has a reasonable basis to
			 believe that an arbitrator has violated either 201 CMR 14.06(3) or (4) that
			 party may request that the arbitrator be disqualified by submitting the request
			 in writing to the OCABR before the hearing if based on information known at
			 that time. Any such request shall be submitted in writing to the OCABR no later
			 than ten business days from the date the OCABR provides notice of the
			 appointment of the arbitrator to the involved parties.
(6)
Code of Ethics
.
			 The arbitrator shall be guided by the standards of ethical conduct established
			 in
The Code of Ethics for Arbitrators in Commercial Disputes
prepared by a Joint Committee consisting of a Special Committee of the American
			 Arbitration Association and a Special Committee of the American Bar
			 Association.