SENATE, No. 258

By Ms. Menard, a petition (accompanied by bill, Senate, No. 258) of Joan M. Menard for legislation relative to internet sales. Economic Development and Emerging Technologies.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT relative to internet sales

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 28A of Chapter 140D of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding at the end thereof the following subsection: -

(c) Notwithstanding paragraph 2 of subsection (a), a charge assessed by a seller in any sales transaction for goods or services effected by the use of the telephone or the Internet that is regulated pursuant to Chapter 169 where a credit card is accepted as payment therefore and for which the charge assessed is greater than the charge imposed when such payment is made in cash or similar means, shall not constitute a surcharge for the purpose of the section.  A money transfer company subject to this provision, and that provides services effected by the use of the telephone or the Internet shall disclose to the consumer, prior to the transaction being consummated, (1) the total charge for the funds transmission, and (2) the charge for a funds transmission service may differ based on the distribution channel used in the transaction.