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MA H389
Bill
Status
2/27/2025
Primary Sponsor
Steven Howitt
Click for details
AI Summary
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Prohibits sellers from imposing financial obligations through trial offers unless they provide clear, conspicuous disclosure of all costs, goods/services included, cancellation deadlines, and the specific calendar date charges will begin
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Requires sellers to obtain affirmative consent before charging consumers and must provide easy cancellation options including a toll-free phone number and a method similar to how the offer was accepted
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Mandates additional reminder notice 5-10 days before charges begin for any trial offer exceeding 30 calendar days
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Bans "data pass" practices where sellers share consumer billing information with third parties without explicit consumer consent
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Prohibits financial institutions from disclosing customer financial or personal information without express authorization, with exceptions for disclosures to the customer or those the customer specifically authorizes
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Violations constitute unfair or deceptive acts under Chapter 93A, with the burden of proof on sellers to demonstrate consumer consent and proper notice
Legislative Description
To prohibit negative option sales and disclosure of financial and personal information without a consumer’s express agreement
Last Action
Accompanied a study order, see H5080
2/11/2026