Unfairness and Deception in Connection with Marketing/Solicitation/Sale

In connection with anyAdvertising or marketing, solicitation, or offer of Sale that is Targeted To or results in a Sale in Massachusetts, the following shall constitute an unfair and deceptive practice under M.G.L. c. 93A, § 2: (1) Misrepresenting or failing to disclose Clearly and Conspicuously, at the time of the initial presentation of the price of any Product, or any subsequent presentation thereafter, the Total Price of that Product; (2) Misrepresenting or failing to disclose Clearly and Conspicuously, at the time of the initial presentation of the Total Price of any Product: (a) the nature, purpose, and amount of any fees, charges, or other expenses that would be imposed on the transaction due to the purchase of that Product (excluding Shipping Charges and Government Charges); (b) for any fees, charges, or other expenses disclosed pursuant to 940 CMR 38.04(2)(a) that are optional to the consumer or waivable by the seller, the fact that such fees, charges, or other expenses are optional to the consumer or waivable by the seller, as well as readily available instructions regarding how to avoid such fees, charges, or other expenses. (3) Misrepresenting or failing to disclose Clearly and Conspicuously, in the final presentation of the price of any Product prior to the Sale of the Product: (a) the final transaction amount, inclusive of the Total Price for all Products purchased as part of the transaction and any applicable Shipping Charges and Government Charges; (b) the nature, purpose, and amount of any fees, charges, or other expenses that would be imposed on the transaction due to the purchase of that Product; (c) for any fees, charges, or other expenses disclosed pursuant to 940 CMR 38.04(3)(b) that are optional to the consumer or waivable by the seller, the fact that such fees, charges, or other expenses are optional to the consumer or waivable by the seller, as well as readily available instructions regarding how to avoid such fees, charges or other expenses. Failing to disclose Clearly and Conspicuously the Total Price of any Product prior to requiring a consumer to provide any personal information, including billing information, unless said information is collected specifically, and only to the extent necessary, to facilitate underwriting in connection with the Sale of the Product, determine the Product’s availability, determine whether the Sale of such Product to the consumer is legal, or compute an aspect of pricing previously approved by a Commonwealth insurance or financial regulatory agency; (5) Misrepresenting that any fees, charges, or other expenses or any portion thereof are required by law; and (6) Failing to display the Total Price of a Product more prominently than any other pricing information any time the disclosure of the Total Price is required, except for the final presentation of prices as described in 940 CMR 38.04(3)(a), wherein the most prominent pricing information shall be the final transaction amount. It is not a violation of 940 CMR 38.04 for a food delivery platform or grocery delivery platform to Advertise the price of menu items set by a food store, restaurant, or grocery store. Food delivery or grocery delivery platforms must display Clearly and Conspicuously the maximum mandatory charges or fees that a consumer must pay to complete a transaction on their user interface any time any pricing information is displayed. In the rental or lease of a dwelling unit, it shall not constitute a violation of 940 CMR 38.04(1) for a seller to advertise the Total Price to rent or lease the dwelling unit as a dollar amount to be paid by the consumer on a periodic basis, such as monthly or on such other term as the seller intends the rent to be paid. In such circumstances, the seller must also disclose Clearly and Conspicuously the full period covered by the rental or lease.