reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 4.00 - Long Term Care Facilities › Section 4.03 - Non-Discriminatory Access to Long-Term Care

Current through Register 1525, July 5, 2024
It shall be an unfair and deceptive act or practice, in
				violation of M.G.L. c. 93A, § 2, for a licensee or an administrator of a
				long-term care facility that is a party to a Medicaid provider
				agreement:
(1) to discriminate against
			 any Medicaid recipient or person eligible or soon-to-be-eligible to receive
			 Medicaid benefits, who is seeking admission to the facility, on the basis of
			 his/her current or anticipated source of payment;
(2) to require, directly or indirectly, any
			 resident or applicant for admission to waive his/her rights to benefits under
			 the Medicaid program. Examples of such impermissible conduct include, but are
			 not limited to:
(a) requiring an applicant to
			 agree to pay private rates for a specified period of time prior to applying for
			 Medicaid benefits;
(b) charging,
			 soliciting, accepting, or receiving, in addition to any amount otherwise
			 required to be paid pursuant to the Medicaid program, any gift, money,
			 donation, or other consideration either as a precondition of admitting or
			 expediting the admission of a Medicaid eligible applicant to, or as requirement
			 for a resident's continued stay in, the facility;
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 4.00 - Long Term Care Facilities › Section 4.04 - Admission Contracts

Current through Register 1525, July 5, 2024
It shall be an unfair or deceptive act or practice, in
				violation of M.G.L. c. 93A, § 2, for a licensee or an
				administrator:
(1) to require a
			 resident or a prospective resident, his/her legal representative or next of
			 kin, as a condition of admission, expedited admission, or continued stay in the
			 facility, to provide a third party guarantee of payment to the
			 facility;
(2) to require a resident
			 or a prospective resident, his/her legal representative or next of kin, as a
			 condition of admission, expedited admission, or continued stay in the facility,
			 to designate a third party to be responsible for giving authorization and
			 consent on behalf of any resident, unless such resident has been adjudged
			 incompetent by a court of law; however, nothing in 940 CMR 4.04(1) and (2)
			 should be construed to require that an applicant be admitted who has no source
			 of payment;
(3) to require a
			 resident or a prospective resident, his/her legal representative or next of
			 kin, as a condition of admission, expedited admission, or continued stay in the
			 facility, to agree to waive or limit the facility's liability for loss of
			 personal property or any injury suffered as a result of negligence on the part
			 of the administrator or of the facility's employees or agents;
(4) to require a resident or a prospective
			 resident, his/her legal representative or next of kin, as a condition for
			 admission, expedited admission, or continued stay in the facility, to agree to
			 treatment by a physician chosen by the facility or otherwise to limit the
			 resident's right to choose his/her attending physician;
(5) to require a resident or a prospective
			 resident, his/her legal representative or next of kin, as a condition of
			 admission, expedited admission, or continuing stay in the facility, to purchase
			 medications at or from a pharmacy chosen by the facility, or to otherwise limit
			 the resident's right to select a pharmacy of his/her choice, provided that the
			 prescription complies with all relevant regulations governing pharmacy
			 labeling;
(6) to include, as part
			 of the facility's admission contract, any documents printed
(a) in less than 12 point print,
			 and
(b) other than in a language
			 which the prospective resident understands;
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 4.00 - Long Term Care Facilities › Section 4.05 - Charges

Current through Register 1525, July 5, 2024
It shall be an unfair or deceptive act or practice, in
				violation of M.G.L. c. 93A, § 2, for a licensee or administrator:
(1) to fail or refuse to inform a resident,
			 both orally and in writing, in clear and conspicuous type, in a language the
			 resident understands, and to fail or refuse to inform his/her legal
			 representative or next of kin at the time of admission to the facility, and at
			 least every year thereafter during the resident's stay, of any of the
			 following:
(a) services available in the
			 facility and charges for those services, including any charges for services not
			 covered under Medicare and Medicaid or by the facility's
per
			 diem
rate;
(b) the
			 existing basic
per diem
rate, applicable to the resident,
			 charged by the licensee and all the services included in that rate;
(c) except in the case of private residents,
			 the services available to the resident that are covered by the Social Security
			 Act, but that are not included in the basic
per diem
rate
			 (e.g., telephone, television, personal clothing,
etc
.);
			 however, such disclosures shall be made to each private resident at the time
			 when he/she ceases to be a private resident;
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 4.00 - Long Term Care Facilities › Section 4.06 - Privacy and Other Personal Rights

Current through Register 1525, July 5, 2024
It shall be an unfair or deceptive act or practice, in
				violation of M.G.L. c. 93A, § 2, for a licensee or an
				administrator:
(1) to fail or refuse
			 to assure a resident privacy during medical examination or treatment or during
			 care for his/her personal needs such as bathing, dressing and
			 toileting;
(2) to fail or refuse to
			 permit married residents living in the same facility to share a room, if both
			 spouses so consent;
(3) to fail or
			 refuse to permit immediate access to a resident, subject to the resident's
			 right to deny or withdraw consent at any time, by the following:
(a) the resident's individual
			 physician;
(b) any representative
			 of the Secretary of the U. S. Department of Health and Human
			 Services;
(c) any duly appointed
			 designee of the State long-term Care Ombudsman;
(d) any representative of a state agency
			 responsible for maintaining the health, safety and welfare of such residents,
			 including but not limited to
1. the agency
			 responsible for facility licensure or reimbursement;
2. the agency responsible for the protection
			 and advocacy system for developmentally disabled individuals;
3. the agency responsible for the protection
			 and advocacy system for mentally ill individuals;
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 4.00 - Long Term Care Facilities › Section 4.07 - Residents' Personal Funds and Belongings

Current through Register 1525, July 5, 2024
It shall be an unfair or deceptive act or practice, in
				violation of M.G.L. c. 93A, § 2, for a licensee or an
				administrator:
(1) to require any
			 resident to deposit his/her personal funds with the facility;
(2) to fail or refuse to permit a resident to
			 manage his/her personal financial affairs;
(3) to fail or refuse, upon a resident's
			 written authorization, to hold, safeguard, manage, and account for the personal
			 funds of the resident deposited with the facility, as specified in 940 CMR
			 4.07(4) through (7) or, for residents of chronic disease and rehabilitation
			 hospitals, as defined by
			 940 CMR
			 4.01(12);
(4) to manage a resident's personal funds
			 without either his/her written authorization to do so or the written
			 authorization of his/her legal representative; the written authorization shall
			 contain the information required by
			 940 CMR 4.01(17)
			  and shall include specification of the funds
			 over which the licensee or administrator shall have control;
(5) in the event that any resident or his/her
			 legal representative provides the facility with written authorization to manage
			 personal funds, to fail to:
(a) deposit a
			 resident's personal funds in excess of $50, in an interest bearing escrow
			 account, separate from any of the facility's operating accounts, that credits
			 all interest earned on resident's funds to that account, and is in a bank
			 located within the Commonwealth, under such terms as will place such deposit
			 beyond the claims of creditors of the licensee, including a receiver or trustee
			 in bankruptcy;
(b) maintain a
			 resident's funds that do not exceed $50 in a non interest-bearing escrow
			 account, an interest bearing escrow account, or in a petty cash fund;
(c) to provide the resident, his/her legal
			 representative or next of kin with the name of the bank and the account number
			 where any funds of the resident are deposited;
(d) provide the resident with his/her
			 personal funds to spend upon his/her request.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 4.00 - Long Term Care Facilities › Section 4.10 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				940 CMR
				4.00 or the application of such provision to any
				person or circumstance shall be held invalid, the validity of the remainder of
				940 CMR
				4.00 and the applicability of such provision to any
				other person or circumstance shall not be affected thereby.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 5.00 - Motor Vehicle Regulations › Section 5.02 - Advertising of Motor Vehicles

Current through Register 1525, July 5, 2024
Scope
: 940 CMR 5.02(1) through (15) shall apply to
				any advertisement published, delivered, broadcast or circulated within the
				Commonwealth of Massachusetts, whether or not the person placing the
				advertisement maintains an office in Massachusetts, if the person placing the
				advertisement intends to sell or actually sells motor vehicles to Massachusetts
				residents.
(1) It is an unfair or
			 deceptive act or practice for a motor vehicle dealer to advertise any motor
			 vehicles for sale unless the advertisement discloses the business name and
			 address of the dealer.
(2) It is an
			 unfair or deceptive act or practice for a motor vehicle dealer to advertise any
			 vehicle for sale which is not new unless the advertisement clearly and
			 conspicuously discloses:
(a) The stock number
			 of the vehicle;
(b) That the
			 vehicle is used; and
(c) A
			 designation of the vehicle as a demonstrator, taxicab, police car, leased or
			 daily rental vehicle, if the dealer knows or, in the exercise of reasonable
			 care, should know that the vehicle was previously so used.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 5.00 - Motor Vehicle Regulations › Section 5.03 - Manufacturers' Responsibilities

Current through Register 1525, July 5, 2024
(1) It is
			 an unfair or deceptive act or practice for a manufacturer which, pursuant to
			 the terms of a warranty, furnishes replacement parts or equipment for motor
			 vehicles manufactured by it to fail to apply to such replacement parts or
			 equipment the same express warranty which it would have applied to such parts
			 or equipment had they been sold at retail.
(2) It is an unfair or deceptive act or
			 practice for a manufacturer to:
(a) Fail to
			 furnish to its dealers a price list for vehicles, optional equipment,
			 accessories and destination or transportation charges on the basis of which the
			 dealers may execute motor vehicle purchase contracts with purchasers;
			 or
(b) Increase the price of any
			 vehicle or other item included on its price list except by advance written
			 notification to its dealers of the specific dollar amount of the increase
			 applicable to such vehicle or item.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 5.00 - Motor Vehicle Regulations › Section 5.05 - Repairs and Services

Current through Register 1525, July 5, 2024
(1) It is an unfair
			 or deceptive act or practice for a repair shop to make or authorize to be made
			 in any manner or by any means a statement which it knows to be or, in the
			 exercise of reasonable care, should know to be untrue or misleading including,
			 without limitation, the following types of statements:
(a) That repairs are necessary or desirable
			 when such is not a fact;
(b) That a
			 vehicle is in a dangerous condition or that a customer's continued use of a
			 vehicle may be harmful to the customer or others when such is not a fact;
			 or
(c) That repairs have been
			 performed on a vehicle when such is not a fact.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 5.00 - Motor Vehicle Regulations › Section 5.06 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				940 CMR
				5.00 or the application of such provision to any
				person or circumstance is held to be invalid, the validity of the remainder of
				940 CMR
				5.00 and the applicability of such provision to other
				persons or circumstances shall not be affected thereby.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 6.00 - Retail Advertising › Section 6.02 - Scope of Regulations

Current through Register 1525, July 5, 2024
940 CMR 6.00 shall apply to any advertisement, except those
				advertisements governed by the Motor Vehicle Regulations printed at
				940 CMR
				5.00,
et seq
. 940 CMR 6.00 shall be
				in addition to the General Regulations printed at
				940 CMR
				3.00,
et seq
.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 6.00 - Retail Advertising › Section 6.03 - Basic Principles

Current through Register 1525, July 5, 2024
(1) The
			 responsibility for truthful and nondeceptive advertising rests with the seller.
			 Sellers must be able to substantiate material representations made before such
			 representations are disseminated. Sellers must maintain sufficient records
			 pursuant to
			 940 CMR
			 6.14 to substantiate the representations made
			 in their advertisements in order that such substantiation can be made available
			 to the Attorney General upon request. The fact that the representations were
			 made in information furnished to the seller by the manufacturer or distributor
			 of a product shall be deemed sufficient substantiation for purposes of 940 CMR
			 6.03(1) if the seller repeated the representation in good faith reliance on
			 that information.
(2) Sellers shall
			 not use advertisements which are untrue, misleading, deceptive, fraudulent,
			 falsely disparaging of competitors, or insincere offers to sell.
(3) An advertisement as a whole may be unfair
			 or deceptive although each representation separately construed is literally
			 true.
(4) An unfair or deceptive
			 representation may result not only from direct representations and the
			 reasonable inferences they create, but from the seller's omitting or obscuring
			 a material fact.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 6.00 - Retail Advertising › Section 6.05 - Price Comparison and Savings Claims

Current through Register 1525, July 5, 2024
(1)
Declaration of Policy
. Price
			 comparison advertising is a form of advertising used in the sale of products
			 whereby current prices are compared with the seller's former or future prices,
			 the prices of other sellers, or other stated values to demonstrate price
			 reductions or cost savings. While price comparisons which accurately reflect
			 market values in the trade area provide consumers with useful information in
			 making buying decisions, price comparisons based on false, arbitrary or
			 inflated prices or values deceive or mislead the public. Abuse also occurs when
			 sellers fail to disclose material information which is important to enable
			 consumers to understand the price comparison.
It is the intent of 940 CMR 6.00 to ensure that the comparative
				price used in any price comparison advertisement provides accurate information
				and meaningful guidance to the consumer, and to this end 940 CMR 6.05(1)
				through (17) are to be liberally construed.
(2)
Unidentified Price
			 Comparisons.
(a) It is an unfair or
			 deceptive act for a seller to state or imply that it is offering any savings as
			 to any product by making a direct or indirect price comparison, unless the
			 seller clearly and conspicuously describes the basis for the price comparison.
			 Notwithstanding the foregoing, a seller may claim a savings or compare a higher
			 and a lower price without disclosing the basis for the comparison if the seller
			 is comparing to its own former price. In such a case, the provisions of 940 CMR
			 6.05(3) will be applied for the purpose of determining the seller's former
			 price.
(b) Terms such as
			 "formerly", "regularly", "originally", or terms of similar meaning shall mean
			 the seller's own former price, as determined in accordance with 940 CMR
			 6.05(3). Advertisements containing such language shall be construed under such
			 940 CMR 6.05(3).
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 6.00 - Retail Advertising › Section 6.06 - Availability of Advertised Products

Current through Register 1525, July 5, 2024
(1)
			 It is an unfair or deceptive act for a seller to offer any product for sale
			 when the seller does not have the product in stock or readily available for
			 sale in sufficient quantities to meet reasonably anticipated demand at its
			 retail locations in the trade area covered by the advertisement.
(2) Notwithstanding the terms and provisions
			 of 940 CMR 6.06(1), it shall not be an unfair or deceptive act or practice to
			 offer any product for sale if the seller does not have the product in stock or
			 readily available for sale in sufficient quantities to meet reasonably
			 anticipated demand at its retail location in the trade area covered by the
			 advertisement when:
(a) The seller clearly
			 and conspicuously discloses in the advertisement all specific exceptions,
			 limitations or restrictions regarding the stores, products or prices applicable
			 to the advertised offer, and:
1. States the
			 minimum quantity of the product available in each store; or
2. States that the quantity is limited, if
			 that is the case.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 6.00 - Retail Advertising › Section 6.07 - Disclosure of Expiration Dates

Current through Register 1525, July 5, 2024
It is an unfair or deceptive act for a seller to fail to
				disclose in an advertisement, other than a tag, label, or in-store sign, the
				earliest date upon which an offer terminates if the offer is for a limited
				period of time.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 6.00 - Retail Advertising › Section 6.08 - Prizes

Current through Register 1525, July 5, 2024
It is an unfair or deceptive act for a seller to offer any
				product for free or at a reduced price (a "prize"), to a prospective buyer in
				conjunction with the prospective buyer's participation in a sales presentation
				or promotional contest, unless:
(1)
			 The seller clearly and conspicuously identifies the prize in the
			 advertisement;
(2) The seller
			 clearly and conspicuously discloses in the advertisement the value of the
			 prize, with such value being determined according to:
(a)
									940 CMR
			 6.05(3)  if the prize has
			 been sold or offered for sale by the seller; or
(b)
									940 CMR
			 6.05(8) or (9) in all other
			 instances, unless the prize is not commercially available in which case the
			 seller shall identify a value reasonably and in good faith;
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 6.00 - Retail Advertising › Section 6.09 - Availability of Financing

Current through Register 1525, July 5, 2024
It is an unfair or deceptive act for a seller to state or imply
				that financing is available at a specified rate of interest or upon other
				specified terms unless:
(1) Financing
			 at such rate or upon such terms is available to the public generally through
			 the seller; or
(2) The seller
			 clearly and conspicuously discloses any special conditions, terms, or criteria
			 other than general creditworthiness which a purchaser must meet in order to
			 qualify for such financing.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 6.00 - Retail Advertising › Section 6.10 - Compliance with Truth-In-Lending Requirements

Current through Register 1525, July 5, 2024
It is an unfair or deceptive act for a seller who advertises
				any finance terms to fail to comply with state and federal Truth-In-Lending
				laws, M.G.L. c. 140D, s. 1,
et seq
., and
				15 U.S.C. s.
				1601,
et seq
., and
				regulations promulgated thereunder.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 6.00 - Retail Advertising › Section 6.11 - Lease and Rent-To-Own Transactions

Current through Register 1525, July 5, 2024
(1)
Lease Transactions.
It is an
			 unfair or deceptive act for a seller who advertises the lease or rental of any
			 product for personal, family, or household purposes to fail to comply with the
			 Federal Consumer Leasing Act,
			 15
			 U.S.C. s. 1667,
et seq
., and
			 regulations promulgated thereunder, and with the Massachusetts Consumer Lease
			 Act, M.G.L. c. 93, s. 90-93, and regulations promulgated thereunder, or to use
			 any words which state or imply a limitation on the implied warranties of
			 merchantability and fitness for a particular purpose.
(2)
Rent-To-Own Transactions.
It
			 is an unfair or deceptive act for a seller to advertise the lease or rental of
			 any product on a week-to-week or month-to-month basis or for any minimum period
			 of less than four months, with an option to purchase the product, unless the
			 seller clearly and conspicuously discloses in the advertisement the time at
			 which the option to purchase may be exercised and the total dollar amount which
			 must be paid in order to own the product.
(3)
Options to Buy
. If a seller
			 advertises the lease or rental of any product and also advertises an option to
			 purchase the product, then it is an unfair or deceptive act for the seller to
			 fail to disclose clearly and conspicuously in each advertisement that the
			 product is used, if such is the case.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 6.00 - Retail Advertising › Section 6.12 - Limitations on Implied Warranties Prohibited

Current through Register 1525, July 5, 2024
It is an unfair or deceptive act for a seller of a product
				purchased for personal, family, or household purposes to use any words or
				phrases which state or imply a limitation on the implied warranties of
				merchantability and fitness for a particular purpose, including phrases such
				as, "as is", "with all faults", and "all sales final". However, a seller may
				adopt an "all sales final" return policy, if it clearly and conspicuously
				discloses that policy in its advertisements and in-store signs and includes in
				such disclosures the following or substantially similar language: "All Sales
				Final Except for Defective or Non-Conforming Goods".
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 6.00 - Retail Advertising › Section 6.13 - Corrections

Current through Register 1525, July 5, 2024
(1) It is an unfair
			 or deceptive act for a seller, manufacturer, franchisor or distributor who
			 discovers a material error in an advertisement prior to the submission date of
			 the advertisement to fail to promptly correct any material misrepresentation in
			 the advertisement.
(2) It is an
			 unfair or deceptive act for a seller, manufacturer, franchisor or distributor
			 who discovers a material error in an advertisement subsequent to the submission
			 date of the advertisement to fail to either honor the terms of the
			 advertisement prior to correction, or to promptly correct any material
			 misrepresentation by clearly and conspicuously disclosing the information
			 necessary to eliminate such misrepresentation in the same advertisement or, if
			 not feasible, in the same advertising medium, if reasonable, and as close
			 thereto in both proximity and time as reasonably possible, or, if neither of
			 these options is feasible, in a posting in the store, both at the entrance to
			 the store and close in proximity to the advertised product or through other
			 reasonable means of communications (e.g., by a telephone sales associate for a
			 catalog purchase prior to taking the order). Examples of misrepresentations
			 requiring correction include, but are not limited to, information relating to
			 prices, product descriptions or availability of products.
(3) It is an unfair or deceptive act for a
			 seller to fail to honor the terms of an advertisement which contains a material
			 error, prior to posting in the store a correction of the material error, in
			 close proximity to the advertised product, unless the material error is a
			 "gross error" or unless the seller offers a comparable product at comparable
			 savings, acceptable to the reasonable consumer and to all prospective buyers
			 unable to purchase the advertised product until the corrected information has
			 been posted within the store. A "gross error" shall have the same meaning as
			 provided in 940 C.M.R. 3.00.
(4) It
			 is an unfair or deceptive act or practice for a seller to fail to have on hand
			 at its service desk and/or other identified locations throughout the store, for
			 customer review, copies of any advertisements disseminated, for the duration of
			 any advertised sales.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 6.00 - Retail Advertising › Section 6.15 - Severability

Current through Register 1525, July 5, 2024
If any provision of 940 CMR 6.00 or the application of such
				provision to any person or circumstance is held to be invalid, the validity of
				the remainder of 940 CMR 6.00 and the applicability of such provision to other
				persons or circumstances shall not be affected.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 7.00 - Debt Collection Regulations › Section 7.01 - Purpose of Regulation

Current through Register 1525, July 5, 2024
The purpose of
				940
				CMR 7.00 is to establish standards, by defining unfair
				or deceptive acts or practices, for the collection of debts from persons within
				the Commonwealth of Massachusetts.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 7.00 - Debt Collection Regulations › Section 7.02 - Scope

Current through Register 1525, July 5, 2024
940
				CMR 7.00 applies only to the collection of debts, as
				defined in
				940
				CMR 7.00, and no conduct which is not the collection
				of debts or any part thereof is affected.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 7.00 - Debt Collection Regulations › Section 7.03 - Definitions

Current through Register 1525, July 5, 2024
Communication
or
Communicating
means conveying information directly or
				indirectly to any person through any medium excluding nonidentifying
				communications.
Creditor
means any person and his or
				her agents, servants, employees, or attorneys engaged in collecting a debt owed
				or alleged to be owed to him or her by a debtor and shall also include a buyer
				of delinquent debt who hires a third party or an attorney to collect such debt
				provided, however, that a person shall not be deemed to be engaged in
				collecting a debt, for the purpose of
				940
				CMR 7.00, if his or her activities are solely for the
				purpose of serving legal process on another person in connection with the
				judicial enforcement of a debt.
Debt
means money or its equivalent
				which is, or is alleged to be, more than 30 days past due and owing, unless a
				different period is agreed to by the debtor, under a single account as a result
				of a purchase, lease, or loan of goods, services, or real or personal property,
				for personal, family or household purposes or as a result of a loan of money
				which is obtained for personal, family or household purposes whether or not the
				obligation has been reduced to judgment.
Debtor
means a natural person, or his
				or her guardian, administrator or executor, present or residing in
				Massachusetts who is allegedly personally liable for a debt.
Nonidentifying Communication
means any
				communication with any person other than the debtor in which the creditor does
				not convey any information except the name of the creditor and in which the
				creditor makes no inquiry other than to determine a convenient time and place
				to contact the debtor.
Person
means any natural person,
				corporation, trust, partnership, incorporated or unincorporated association and
				any other legal entity; provided, however, that if a creditor comprises or
				employs more than one natural person, all such individuals shall be deemed to
				be one and the same "person" with respect to any debt owed or alleged to be
				owed to such a creditor.
Time-barred Debt
means any debt that
				is not enforceable in a judicial proceeding because the applicable statute of
				limitations has run.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 7.00 - Debt Collection Regulations › Section 7.05 - Contact with Persons Residing in the Household of a Debtor

Current through Register 1525, July 5, 2024
(1) A creditor may assume that all contacts
			 directed to the debtor's household are received either by the debtor or persons
			 residing in the household of the debtor unless the creditor knows or should
			 know information to the contrary.
(2) It shall constitute an unfair or
			 deceptive act or practice for a creditor to imply the fact of a debt, orally or
			 in writing, to persons who reside in the household of a debtor, other than the
			 debtor.
(3) It shall constitute an
			 unfair or deceptive act or practice for a creditor to contact or threaten to
			 contact persons who reside in the household of a debtor, other than the debtor,
			 in any of the following ways:
(a) Using
			 profane or obscene language;
(b)
			 Placing telephone calls, disclosing the name of the business, or company of the
			 creditor, unless the recipient expressly requests disclosure of the business or
			 company name;
(c) Causing expense
			 to any such person in the form of collect or long distance telephone calls,
			 text messaging, download fees, data usage fees or other similar
			 charges;
(d) Engaging any such
			 person in non-identifying communication via telephone with such frequency as to
			 be unreasonable or to constitute harassment to such person under the
			 circumstances, and engaging any person in communications via telephone,
			 initiated by the creditor, in excess of two calls in each seven-day period at a
			 debtor's residence and two calls in each 30-day period other than at a debtor's
			 residence, for each debt;
(e)
			 Placing telephone calls at times known to be times other than the normal waking
			 hours of the person called, or if normal waking hours are not known, at any
			 time other than between 8:00 A.M. and 9:00 P.M. eastern time;
(f) Visiting the place of employment of any
			 such person, unless requested by such person
(g) Confronting or communicating in person
			 with any such person regarding the collection of a debt in a public place,
			 excluding courthouses, the creditor's place of business, other places agreed to
			 by the person, offices of the person's attorney or of the attorney for the
			 creditor or debtor, or places where the conversation between the creditor and
			 such person cannot reasonably be overheard by anyone not authorized by such
			 person;
(h) Using language on
			 envelopes or on any other printed or written materials, except materials
			 enclosed in sealed envelopes, indicating or implying that the communication
			 relates to the collection of a debt, which in the normal course of business may
			 be received or examined by any such person residing in the household of a
			 debtor;
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 7.00 - Debt Collection Regulations › Section 7.06 - Contact with Other Persons Regarding a Debt

Current through Register 1525, July 5, 2024
The following shall apply to contact with persons not covered
				by
				940 CMR 7.04
				and
				7.05:
(1) It shall constitute an unfair or
			 deceptive act or practice for a creditor to contact or threaten to contact
			 persons in connection with a debt in any of the following ways:
(a) Implying the fact of the debt to any such
			 person;
(b) Using language on
			 envelopes or any other printed or written materials, except materials enclosed
			 in sealed envelopes, indicating or implying that the contact relates to the
			 collection of a debt, which in the normal course of business, may be received
			 or examined by persons other than the debtor;
(c) Causing expense to any person in the form
			 of collect or long distance telephone calls, text messaging, download fees,
			 data usage fees or other similar charges.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 7.00 - Debt Collection Regulations › Section 7.07 - General Unfair or Deceptive Acts or Practices

Current through Register 1525, July 5, 2024
It shall constitute an unfair or deceptive act or practice to
				engage in any of the following practices to collect or attempt to collect any
				debt:
(1) Any false representation
			 that the creditor has information in his or her possession or something of
			 value for the debtor.
(2) Any
			 knowingly false or misleading representation in any communication as to the
			 character, extent or amount of the debt, or as to its status in any legal
			 proceeding, provided, however, that an incorrect or estimated bill submitted by
			 a gas or electric utility company regulated by M.G.L. c. 164, and the
			 Department of Public Utilities shall not be prohibited by 940 CMR
			 7.07.
(3) Any false or misleading
			 representation that a creditor is vouched for, bonded by, affiliated with, or
			 is an instrumentality, agency, or official of the state, federal or local
			 government.
(4) Any false or
			 misleading representation that a creditor is an attorney or any other officer
			 of the court.
(5) The use,
			 distribution or sale of any written communication which simulates, or which is
			 falsely represented to be, or which otherwise would reasonably create a false
			 impression that it was, a document authorized, issued or approved by a court, a
			 government official or other governmental authority.
(6) Any representation that an existing
			 obligation of a debtor may be increased by the addition of attorney's fees,
			 investigation fees, service fees, or any other fees or charges, if in fact such
			 fees or charges may not legally be added to the existing obligation.
(7) Any solicitation or obtaining of any
			 written statement or acknowledgement in any form containing an affirmation of
			 any obligation by a debtor who has been adjudicated bankrupt, without clearly
			 and conspicuously disclosing the nature and consequences of such
			 affirmation.
(8) Any false,
			 deceptive, or misleading representation, communication, or means in connection
			 with the collection of any debt or to obtain information concerning a
			 debtor.
(9) Any false or misleading
			 representation or implication that a sale, referral, or other transfer of any
			 interest in a debt shall cause the debtor to:
(a) lose any claim or defense to payment of
			 the debt; or
(b) become subject to
			 any practice prohibited by
			 940
			 CMR 7.00.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 7.00 - Debt Collection Regulations › Section 7.08 - Validation of Debts

Current through Register 1525, July 5, 2024
(1) It shall
			 constitute an unfair or deceptive act or practice for a creditor to fail to
			 provide to a debtor or an attorney for a debtor the following within five
			 business days after the initial communication with a debtor in connection with
			 the collection of a debt, unless the following information is contained in the
			 initial communication or the debtor has paid the debt:
(a) The amount of the debt;
(b) The name of the creditor to whom the debt
			 is owed;
(c) A statement that
			 unless the debtor, within 30 days after receipt of the notice, disputes the
			 validity of the debt, or any portion thereof, the debt will be assumed to be
			 valid by the creditor; and
(d) A
			 statement that if the debtor notifies the creditor in writing within 30 days
			 after receipt of this notice that the debt, or any portion thereof is disputed,
			 the creditor will obtain verification of the debt and provide the debtor, or an
			 attorney for the debtor, additional materials described in 940 CMR
			 7.08(2).
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 7.00 - Debt Collection Regulations › Section 7.09 - Relation to Other Laws

Current through Register 1525, July 5, 2024
940
				CMR 7.00 does not exempt any person from complying
				with existing laws or rules of professional conduct with respect to debt
				collection practices.
				940
				CMR 7.00 is not intended to supersede or in any way
				limit rights and protections provided to consumers under 114. 6 CMR 13.00, the
				Health Safety Net Eligible Services Regulations, and state and federal
				foreclosure laws. To the extent that any provision of
				940
				CMR 7.00 is specifically inconsistent with the
				Massachusetts Rules of Professional Conduct, as currently appearing in Supreme
				Judicial Court Rule 3:07 and then only to the extent of the inconsistency,
				940
				CMR 7.00 is not applicable. Provisions of
				940
				CMR 7.00 that contain language substantively identical
				to provisions within 15 U.S.C. § 1692,
et seq
., the Fair
				Debt Collection Practices Act, should be interpreted consistently with that
				Act.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 7.00 - Debt Collection Regulations › Section 7.10 - Preemption by Federal Law

Current through Register 1525, July 5, 2024
In the event any conflict exists between the provisions of
				940
				CMR 7.00 and the provisions of Federal statutes or
				regulations relating to the collection of debts, such Federal law shall control
				but only to the extent that such Federal law mandates actions or procedures
				prohibited by
				940
				CMR 7.00.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 8.00 - Mortgage Brokers And Mortgage Lenders › Section 8.01 - Purpose

Current through Register 1525, July 5, 2024
940 CMR 8.00 relates to
				mortgage lenders and mortgage brokers pursuant to the Attorney General's
				authority in M.G.L. c. 93A, § 2(c).
				940 CMR 8.00 is designed to
				protect Massachusetts consumers seeking residential mortgage loans and to
				ensure that the mortgage industry is operating fairly and honestly by means of
				legitimate and responsible business acts and practices that are neither unfair
				nor deceptive.
940 CMR 8.00 addresses
				problems experienced by consumers when they seek or obtain mortgage loans for
				the purchase or initial construction of residential homes, or when consumers
				refinance an existing loan.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 8.00 - Mortgage Brokers And Mortgage Lenders › Section 8.02 - Scope

Current through Register 1525, July 5, 2024
940 CMR 8.00 defines unfair or
				deceptive acts or practices. They are not intended to be all inclusive as to
				the types of activities prohibited by M.G.L. c. 93A, § 2(a). Acts or
				practices not specifically prohibited by
				940 CMR 8.00 are not
				necessarily consistent with M.G.L. c. 93A or otherwise deemed legitimate by the
				absence of regulation here.
940 CMR 8.00 shall cover any
				mortgage lender or broker advertising or doing business within Massachusetts,
				regardless of whether or not the lender or broker maintains an office in
				Massachusetts.
940 CMR 8.00 applies to all
				residential mortgage loan transactions in the Commonwealth of Massachusetts, as
				more particularly defined in
				940 CMR 8.00, except that it
				does not apply to either:
(a) reverse
			 mortgages governed by M.G.L. c. 167E, § 7; or
(b) open-end home equity lines of credit.
			 940 CMR 8.00 also excludes
			 reduced interest rate mortgages originated under the auspices of affordable
			 housing programs which are administered by state, quasi-public, or local
			 government entities.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 8.00 - Mortgage Brokers And Mortgage Lenders › Section 8.04 - Advertising Practices

Current through Register 1525, July 5, 2024
(1) It is an
			 unfair or deceptive act or practice for a mortgage broker or lender to make any
			 representation or statement of fact in an advertisement if the representation
			 or statement is false or misleading or has the tendency or capacity to be
			 misleading, or if the mortgage broker or lender does not have sufficient
			 information upon which a reasonable belief in the truth of the representation
			 or statement could be based.
(2) It
			 is an unfair or deceptive act or practice for a mortgage broker or lender to
			 advertise without clearly and conspicuously disclosing its business name, and
			 if required to be licensed pursuant to M.G.L. c. 255E, the words broker" or
			 "lender", as applicable, and the license number.
(3) It is an unfair or deceptive act or
			 practice for a mortgage broker to represent in any advertisement that the
			 mortgage broker will fund a mortgage loan.
(4) It is an unfair or deceptive act or
			 practice for a mortgage broker or lender to engage in bait advertising or to
			 misrepresent (directly or by failure to adequately disclose) the terms,
			 conditions or charges incident to the mortgage loan being advertised in any
			 advertisement. Violations of 940 CMR 8.04(4) shall include, but shall not be
			 limited to:
(a) the advertisement of
			 "immediate approval" of a loan application or "immediate closing" of a loan or
			 words of similar import, such as "instant closing";
(b) the advertisement of a "no point"
			 mortgage loan when points are required or accepted by the lender as a condition
			 for commitment or closing;
(c) the
			 advertisement of an incorrect specific number of points required for commitment
			 or closing;
(d) the advertisement
			 through terms such as "bad credit no problem" or words of similar import or
			 that an applicant will have unqualified access to credit without clearly and
			 conspicuously disclosing the material limitations on the availability of credit
			 that may exist, such as:
1. requirements for
			 the availability of credit (such as income);
2. that a higher rate or more points may be
			 required for a consumer with bad credit; and
3. that restrictions as to the maximum
			 principal amount of the loan offered may apply.
(e) the use of "avoid foreclosure" or words
			 of similar import in an advertisement unless the advertisement also clearly and
			 conspicuously discloses, that:
1. the borrower
			 must refinance the mortgage in default and/or take a new mortgage
			 loan;
2. the borrower may be
			 required to pay interest rates significantly higher than what other borrowers
			 not facing foreclosures might pay; and
3. the warning that "you may lose your home
			 if you cannot make all the payments or if you miss any of the payments on this
			 loan."
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 8.00 - Mortgage Brokers And Mortgage Lenders › Section 8.05 - Mortgage Disclosures

Current through Register 1525, July 5, 2024
(1) It is an
			 unfair or deceptive act or practice for a mortgage broker or mortgage lender to
			 fail to make any disclosure, or fail to provide any document, to a consumer
			 required by and at the time specified by any applicable state or federal law,
			 regulation or directive.
(2) It is
			 an unfair or deceptive act or practice for a mortgage broker or lender to
			 conceal or to fail to disclose to a borrower any fact relating to the loan
			 transaction, disclosure of which may have influenced the borrower not to enter
			 into the transaction with the broker or lender.
(3) It is an unfair and deceptive act or
			 practice for the mortgage broker or lender to fail to take reasonable steps to
			 communicate the material facts of the transactions in a language that is
			 understood by the borrower. Reasonable steps which shall comply with 940 CMR
			 .8.00 may include but shall not be limited to:
(a) using adult interpreters; and
(b) providing the borrower with a translated
			 copy of the disclosure forms required by any applicable state or federal law,
			 regulation or directive, in a language understood by the borrower.