Section 3.09 - Door to Door Sales and Home Improvement TransactionsIn connection with any door to door sale or home improvement transaction, it constitutes an unfair or deceptive act or practice for any seller to:
(1) At the time of initial contact, and before making any statement or asking any questions, use any misrepresentation, or fail to state any material fact which has the capacity or tendency to disguise, hide, or fail to inform the purchaser of the purpose of the contact;(2) Make any representation, in the sale, offering for sale, advertising, or distributing for sale, or in any other manner, including the failure to adequately disclose additional relevant information, which has the capacity, tendency or effect of misleading or deceiving purchasers or prospective purchasers with respect to any material aspect of the product or transaction or any service to be performed in conjunction with the purchase of the product or service which the seller is advertising, selling, offering for sale or distributing for sale;(3) Represent that the purchaser's or prospective purchaser's home or other property, real or personal, is to be used as a so called "model home" or "model property" for demonstration or advertising purposes or offer to give a rebate or discount or otherwise pay or to make any other similar representations, if in connection therewith the seller misleads the purchaser or prospective purchaser into the belief that he will be paid a commission or other compensation, either before or after the purchaser or prospective purchaser has paid in full for the seller's work, for any sale which the seller may make in the vicinity or within any specified distance from the purchaser's home, or that the cost of the purchase of any product to the purchaser will thereby be reduced or fully paid, if the earning of the rebate, discount, or other value is contingent upon the occurrence of an event subsequent to the time the purchaser enters into the agreement.(4) Fail to disclose the exact nature, description and price of the goods or services which are to be the subject of the transaction to the purchaser or prospective purchaser in advance of any attempt to induce the purchaser or prospective purchaser to enter into(a) an agreement in writing, or(b) to pay any consideration to the seller;(5) Fail to disclose that goods being offered need additional attachments or fixtures to perform the functions claimed for them by the seller;(6) Induce or persuade a purchaser or a prospective purchaser to sign any writing when the seller knows or has reason to know that the purchaser or prospective purchaser is unable to read or write, or does not understand the terms of the instrument;(7) Represent that the purchaser or prospective purchaser has been specially selected to receive a bargain, discount or other advantage when such in fact is not true;(8) Represent that the purchaser or prospective purchaser is a winner of a contest; or that gift merchandise will be given to persons complying with certain conditions unless such merchandise is given to the persons complying with such conditions;(9) Include in any door to door sales contract or home improvement contract any confession of judgment or waivers of any of the rights to which a purchaser is entitled by any statute or regulation;(10) Fail to disclose to a purchaser or prospective purchaser orally prior to the time of sale, and in writing on any conditional sales contract, promissory note, or other instrument of indebtedness executed by a purchaser or prospective purchaser, and with such conspicuousness and clarity as is likely to be observed and ready by such a purchaser or prospective purchaser, that such instrument, which must have printed on the face thereof "Consumer Note", may be discounted, negotiated, or assigned to a finance company or other third party;(11) Fail to conform to the requirements of M.G.L. c. 93, § 48 or M.G.L. c. 255D, § 14 or to misrepresent in any manner, the purchaser's or prospective purchaser's right to cancel created under such laws;(12) Represent that the goods which are being offered are repossessed or the like or are being sold to satisfy the unpaid indebtedness of another person which such in fact is not true;(13) Represent that the goods that are being offered are current models, when in fact they are not current models, or are discontinued models.Amended by Mass Register Issue 1263, eff. 6/20/2014.