Massachusetts law about shopping and returns

Best bets

A Massachusetts consumer guide to shopping rights, Office of Consumer Affairs. 
Explains laws that protect consumers so that you can make informed decisions about your purchases.  

Retail rights, Mass. Attorney General.
Everything you need to know about shopping in Massachusetts, including Advertising, Warranting, Refunds, Repairs, Cooling-Off Periods, Mail Order, Lay Away, Gift Cards and more. This is the place to start with your shopping question. Also available in Spanish and Portuguese.

Laws and regulations

Advertising

• 940 CMR 3.02  False advertising
• 940 CMR 3.05  Misleading advertising
• 940 CMR 6.13   Correcting Errors in Ads

Cash Purchases

• MGL c.255D, s.10A Discrimination Against Cash Buyers

Cooling Off Periods

• MGL c.93, s.68D Credit Repair Services
• MGL c.93, s.48 Door to Door Sales
• MGL c.93, s.81 Health Clubs
• MGL c.183B, s.38 Time Shares
• 16 CFR 429 Federal Cooling Off Rule

Gift Certificates and Gift Cards

• MGL c.255D, s.1 Gift certificate defined
• MGL c.93, s.14S Store credits must be valid at least 7 years
• MGL c.200A, s.5D Gift cards must be valid at least 7 years; Dates must be clearly indicated
• 12 CFR 205 "Restricts... dormancy, inactivity, or service fees for certain prepaid products, primarily gift cards" and "prohibits the sale or issuance of such products if they have an expiration date of less than five years."

Holidays

• MGL c.136, s.16 Retail stores Sunday and holiday opening

Item Pricing

• MGL c.94, s.184B-184E Grocery Items
• 940 CMR 3.13  Non-Grocery Items

Rain Checks

• 940 CMR 6.06   Availability, Rain Checks

Returns

• 940 CMR 3.13  Return and Cancellation
• 940 CMR 6.12  Cannot prohibit return of defective merchandise

Sales

• 940 CMR 6.05  Sales

Unsolicited Merchandise

• MGL c.93, s.43 Unsolicited Merchandise may be considered a gift

Warranties

• MGL c.106, s.2-313 Express Warranties
• MGL c.106, s.2-314 Implied Warranty of Merchantability
• MGL c.106, s.2-315 Implied Warranty of Fitness for Purpose
• 940 CMR 3.08  Breach of Warranty

Web sources

Massachusetts Blue Laws, Dept. of Labor and Workforce Development
Includes links to the the laws themselves, as well as an overview, which explains the rules for opening on Sundays and holidays

Shopping 101 , Mass. Office of Consumer Affairs
Links to blog posts by the Office of Consumer Affairs on topics related to shopping and returns.

Consumer education and resources, Mass. Office of Consumer Affairs
Consumers have rights. Whether you are purchasing a used car, remodeling your kitchen, or returning a sweater, you are entitled to certain benefits, information, and protections.

Print sources

Consumer law, 3rd ed. (Mass. Practice Series vol. 35 - 36A), 2010 with supplement. 

• Advertising – chapter 2
• Miscellaneous products or services – chapter 30
• Retail Practice – Chapter 3
• Warranties – Chapter 6

Last updated:	May 24, 2018