Personal Protective Equipment
AG Healey called on the Trump Administration to immediately launch an initiative to rapidly shift existing domestic manufacturing capacity to produce personal protective equipment (PPE) to keep health care workers safe amid the COVID-19 pandemic. More info here.
Open Meeting Law
Due to the COVID-19 outbreak, an emergency order has modified the Open Meeting Law, to enable public bodies to carry out their responsibilities while adhering to public health recommendations regarding social distancing. More info here. Contact the Division of Open Government with questions at (617) 963-2540 or file a complaint online.
Shelter in Place Guidance
AG Healey issued guidance to municipalities considering shelter in place orders. More info is available here.
Emergency Regulation on Price Gouging
On March 20th, the AG’s Office filed an emergency regulation expanding the definition of price gouging to include of goods and services necessary for public health and safety during a declared statewide or national emergency. The regulation amends regulation 940 CMR 3:18, which had previously only regulated price gouging related to the sale of gasoline and other petroleum products.
Information about Health Club Memberships
While closed due to the COVID-19 epidemic, many health clubs and gyms are offering to freeze membership and/or charge a reduced fee to maintain your membership. Some clubs are offering online classes to members while their physical locations are closed. Please contact your individual health club to learn if any of these options are available to you.
Massachusetts law gives you the right to cancel any contract you may have with a health club if the club “substantially changes the operation of the health club or location.” If your health club or gym has closed because of the COVID-19 epidemic, it is the view of the Attorney General’s Office that this is a substantial change to the operation of the club, and you are entitled to cancel your contract, if you wish to do so. This applies to gyms, health spas, sports, tennis, racquet ball, platform tennis and health clubs, figure salons, health studios, weight control centers or studios, martial arts and self-defense schools, or any other similar course of physical training.
While you have the right to cancel your contract, some clubs and gyms are offering other options for their members short of cancellation, as noted above. You may want to consider whether maintaining or freezing your membership is a better option for you than cancelling your contract. If you do cancel your contract, and want to rejoin your club at a later date, it is possible your club may require you to enter a new contract and/or pay a new membership fee.
If you do wish to cancel your health club contract, you should contact your club and tell them you wish to cancel your contract, not place your contract on hold or freeze it or any other option. If you can, you should tell your club in writing that you wish to cancel. Once you cancel your contract, your club should not charge you any additional fees. If you have prepaid any part of the contract, you are entitled to a pro-rata refund for the remaining period on your contract within fifteen business days.
Emergency Regulation on Debt Collection
The AG’s office filed an emergency regulation designed to protect consumers from unfair and deceptive debt collection practices during the COVID-19 crisis.
The new regulation prohibits creditors from engaging in methods of debt collection that can require people to leave their homes or have in-person contact, including:
- filing any new collection lawsuit;
- garnishing wages, earnings, properties or funds;
- repossessing vehicles;
- applying for or serving a capias warrant;
- visiting or threatening to visit the household of a debtor;
- visiting or threatening to visit the place of employment of a debtor;
- confronting or communicating in person with a debtor regarding the collection of a debt in any public place.
The AG’s emergency regulation also prohibits debt collection agencies and debt buyers from making unsolicited debt collection telephone calls to consumers. FAQs available here.
Guidance to Municipalities
On April 15th, the Attorney General’s Office issued guidance to municipalities on some of the most commonly asked questions about their legal authority during the COVID-19 crisis. Covered in the guidance were questions on implementing curfews, issuing advisories, and delaying town meetings. This guidance was updated on April 27th. The updated guidance is available here.