Private Employment Agencies and Business Schemes

(1) The making of false or deceptive representations through advertisements or otherwise, regarding the actual or probable earnings or the existence of opportunities or openings in any vocation, company, business, firm or other place of employment is an unfair and deceptive trade practice. (2) It is an unfair and deceptive trade practice to make any representations as to opportunities available in, or to promote any activity, occupation, or vocation as being profitable for one engaging in it if in fact the representations as to the opportunities available or profits to be made are untrue. (PAGES 19 AND 20 ARE RESERVED FOR FUTURE USE.) (3) It is an unfair and deceptive practice in the sale or offering for sale of consumer goods or services for any person, to represent or imply in advertising or otherwise that persons employed in a particular position in a trade or industry or who are self-employed earn a stated salary or income or that the goods or services offered or sold will enable the purchaser or prospective purchaser to earn the stated salary or income or "up to" the stated salary or income unless: (a) The salary or income is equal to or less than the average salary or income of persons employed less than five years in the indicated position in the Commonwealth, and the advertisement or representation states the basis for calculation of the average salary or income; or the advertisement or representation states the basis for calculation of the salary stated and also discloses the average salary or income of persons employed less than five years in the indicated position in the Commonwealth; and (b) The advertisement or representation states any limitations, conditions, or other requirements such as union membership or service of an apprenticeship, which must be met before the stated salary or income can be earned; and (c) The advertisement or representation states clearly and conspicuously that no guarantee is made that a person who purchases the advertised goods or services will earn the stated salary or income, unless the guarantee is actually offered by the seller. The words "EARN $...." or "EARN UP TO $...." or words of similar import or meaning constitute a representation that a person who purchases the goods or services will earn the stated salary or income within the meaning of 940 CMR 3.11.