Massachusetts Law About Shopping and Returns
Laws and Regulations by Topic
Advertising
- 940 CMR 3.02 False advertising
- 940 CMR 3.05 Misleading advertising
- 940 CMR 6.13 Correcting Errors in Ads
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 pt.205 Federal regulations effective Aug. 22, 2010. "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 Unsolicitied 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
Other Web Sources
Attorney General's Guide to Retail Rights, Mass. Attorney General, June 2007. 20-page guide summarizes laws on advertising, warranties, returns, lay away, gift certificates, mail order and more, but unlike the previous version of the pamphlet, this one provides no citations to the laws themselves.
Consumer Advice for Holiday Shopping Season, Mass. Attorney General, November 2010. Includes information on what happens to gift cards when the merchant goes out of business and more.
Gift Cards and Certificates, Mass. Attorney General. Summary of gift certificate law, including expiration dates, fees and more.
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 Rights, Mass. Office of Consumer Affairs. Includes Massachusetts Consumers Guide to Shopping Rights, Basic Guide to the Massachusetts Consumer Protection Law, Gift Certificate Law, Online Auctions, Product Recalls, and Buying Advice.