Ask Reggi Your Question Now
Can you summarize 940 CMR 6?
Office of the Attorney General > Retail advertising
Short Summary
This legal document, part of the Code of Massachusetts Regulations, falls under the jurisdiction of the Office of the Attorney General and governs retail advertising. It defines advertisement as any representation made by a seller in the course of soliciting retail business or encouraging the purchase of a retail product. The document provides guidelines for determining if disclosures in printed advertisements are clear and conspicuous, as well as the clarity and conspicuousness requirements for material representations in radio, television, and video advertisements. It also covers the use of disclosures set apart from the primary claim and the definition of comparative price. The document prohibits sellers from using advertisements that are untrue, misleading, deceptive, fraudulent, falsely disparaging of competitors, or insincere offers to sell. It emphasizes the responsibility of sellers to substantiate the material representations made in their advertisements and maintain sufficient records to support these representations. The document also addresses the availability of advertised products, requiring sellers to have the product in stock or readily available in sufficient quantities to meet reasonably anticipated demand. It provides exemptions for sellers who clearly disclose exceptions or have acted in good faith by ordering the advertised product in adequate time and quantity. The document also governs price comparison advertising, ensuring that price comparisons provide accurate information and meaningful guidance to consumers. It prohibits sellers from making savings claims or price comparisons without clearly and conspicuously describing the basis for the comparison. The document also covers lease and rent-to-own transactions, requiring sellers to comply with federal and state consumer leasing acts and prohibiting the use of words that imply limitations on implied warranties. Overall, the document aims to ensure transparency and prevent deceptive practices in retail advertising.
Whom does it apply to?
Sellers who engage in retail business solicitation or encourage the purchase of retail products
What does it govern?
Retail advertising
What are exemptions?
No exemptions are specified in the document.
What are the Penalties?
No specific penalties are mentioned in this document.
Jurisdiction
Massachusetts