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A Massachusetts consumer guide to shopping rights, Mass. Office of Consumer Affairs.
Explains laws that protect consumers so you can make informed decisions about your purchases.
Laws and regulations
Advertising
- 940 CMR 3.02 False advertising
- 940 CMR 3.05 Misleading advertising
- 940 CMR 6.00 Retail advertising
Bottle redemption
Cash purchases
- MGL c.255D, § 10A Discrimination against cash buyers
Cooling off periods / Cancellation rights
- MGL c.93, § 68D Credit services
- MGL c.93, § 48 Door to door sales
- MGL c.93, § 81 Health clubs
- MGL c.183B, § 38 Time shares
- 16 CFR 429 Federal cooling off rule for door to door sales and consumer goods or services
Gift certificates and gift cards
- MGL c.255D, § 1 Gift certificate defined
- MGL c.93, § 14S Store credits must be valid for at least 7 years
- MGL c.200A, § 5D Gift certificates and cards must be valid for at least 7 years; issuance and expiration dates must be clearly indicated
- 12 CFR 205.20 Restricts dormancy, inactivity, or service fees for certain prepaid products, including gift cards, and prohibits the sale or issuance of such products if they have an expiration date of less than 5 years
Holidays
- MGL c.136, § 16 Retail stores - Sunday and holiday opening
Item pricing
- MGL c.94, §§ 184B-184E Grocery items:
- § 184B Definitions
- § 184C Price disclosure and display on items offered for sale by food store or food department
- § 184D Inspection of food stores and food departments for compliance with Secs. 184B to 184E; violations and fines; consumer complaint of noncompliance
- § 184E Conversion from individual item pricing system to consumer price scanner system; operation and inspection of consumer price scanner system
- 940 CMR 3.13 Non-grocery items
Lay away plans
Mail, internet or telephone orders (shipping date and refunds)
- 16 CFR 435 Mail, internet, or telephone order merchandise
Rain checks
- 940 CMR 6.06 Availability, rain checks
Returns
- 204 CMR 2.04(3) Alcoholic beverage return
- 940 CMR 3.13 Return and cancellation
- 940 CMR 6.12 All sales final return policy
Sales
- 940 CMR 6.05 Sales and price comparison
Sales tax
- MGL c. 64H, § 6A Sales tax holiday weekend
- 830 CMR 64H1.8 Sales tax holiday
- 830 CMR 64H1.4 Discounts, coupons, rebates
- Dept. of Revenue Letter Ruling 09-4 Refund of sales tax on returned merchandise
- Dept. of Revenue Directive 06-4 Sales tax refund for motor vehicle returned to dealer
Unsolicited merchandise
- MGL c.93, § 43 Unsolicited merchandise may be considered an unconditional gift
Warranties
- MGL c.106, § 2-313 Express warranties
- MGL c.106, § 2-314 Implied warranty of merchantability
- MGL c.106, §.2-315 Implied warranty of fitness for particular purpose
- 940 CMR 3.08 Repairs and services including warranties and service contracts
Web sources
Consumer rights and resources, Mass. Office of Consumer Affairs.
Links to consumer guide to shopping rights and scams, consumer protection law, and options for resolving a consumer complaint.
Massachusetts blue laws and working on Sundays and holidays, Mass. Dept. of Labor Standards.
Includes links to the laws themselves, as well as an overview, which explains the rules for opening on Sundays and holidays.
Online shopping, Federal Trade Commission.
Tips for consumers when making purchases online.
Shopping blog posts, Mass. Office of Consumer Affairs.
Link to a list of blog posts by the Office of Consumer Affairs on topics related to shopping and returns.
Print sources
Consumer law, 4th ed. (Mass. Practice v. 35 - 36A), Thomson Reuters, 2021.
- Advertising – chapter 2
- Miscellaneous products or services (clothing, health club contracts, travel service, etc.) – chapter 30
- Retail Practices – Chapter 3
- Warranties – Chapter 6
Contact
Online
| Last updated: | January 10, 2023 |
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