Legal Definitions - Massachusetts

In a legal context, "Massachusetts" refers to the comprehensive body of laws enacted by the Commonwealth of Massachusetts, particularly those governing telemarketing practices, unsolicited telephone solicitations, and broader consumer protection against unfair or deceptive trade practices. These laws include specific statutes regulating how businesses can contact consumers by phone, the establishment and enforcement of a "Do-Not-Call" registry, and general provisions protecting consumers from fraudulent or misleading business conduct.

• Example 1: Unwanted Telemarketing Call

  A resident of Worcester, Massachusetts, named David, registered his home phone number on the Massachusetts Do-Not-Call Registry several months ago. Despite this, he receives an unsolicited call from a company based out-of-state attempting to sell him a new home security system.

  How it illustrates: This situation falls under the scope of the Massachusetts Telemarketing Statutes (Mass. Gen. Laws ch. 159C §§ 1 et seq) and its implementing regulations, which establish and enforce the Massachusetts Do-Not-Call Registry. The company's call to David, despite his registration, could be a violation of these specific Massachusetts laws, potentially leading to enforcement action by the Massachusetts Department of Telecommunications and Cable or the Massachusetts Attorney General.

• Example 2: Deceptive Business Practice

  A furniture store in Boston, Massachusetts, advertises a "going out of business" sale with significant discounts, implying that the store is closing permanently. However, the store has no intention of closing and has run similar "going out of business" sales repeatedly over several years. A consumer in Cambridge, Massachusetts, purchases furniture based on the belief that these are genuine, time-sensitive discounts.

  How it illustrates: This scenario involves a deceptive advertising practice by a business operating within Massachusetts, affecting a Massachusetts consumer. Such conduct is prohibited under the Massachusetts Consumer Protection Act (Mass. Gen. Laws ch. 93A), which aims to protect consumers from unfair or deceptive acts or practices in trade or commerce. The consumer could potentially bring a claim under this Massachusetts law for the misleading advertising.

• Example 3: State Enforcement Action

  The Massachusetts Attorney General's office receives numerous complaints from residents across the state about a specific telemarketing firm making aggressive and harassing calls, often targeting elderly individuals and ignoring requests to be placed on a "do not call" list.

  How it illustrates: This demonstrates the enforcement powers granted to the Massachusetts Attorney General and the Department of Telecommunications and Cable under Mass. Gen. Laws ch. 159 §§ 39-40. These sections empower these state authorities to investigate and take action against companies violating the Massachusetts Telemarketing Statutes (Mass. Gen. Laws ch. 159 §§ 19B-19E) and the Do-Not-Call Registry provisions, thereby protecting Massachusetts residents from unlawful telephonic solicitations.