Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 3.00 - General Regulations
Section 3.14 - Subscription and Mail Orders

Universal Citation: 940 MA Code of Regs 940.3

Current through Register 1531, September 27, 2024

(1) Misrepresentation of Books or Services. It is unfair trade practice to make or publish, or cause to be made or published, directly or indirectly, any false, misleading, or deceptive statement or misrepresentation, whether in the form of advertisement, testimonial, endorsement, illustration, or other form of representation however disseminated or published concerning the grade, quality, material, size, contents, use, value, price, origin, preparation, manufacturer, or date of publication or copyright of any book, or the current or up to date character thereof or concerning the grade, quality, substance, size, manufacture, or the value of the binding thereof or the lettering thereon, or concerning any service offered in connection therewith, or in any other material respect.

(2) Misrepresentation of Books Being Free. In the sale or offering for sale of books, it is an unfair trade practice to represent, through advertising or otherwise, that such books are given free and that payments required in connection therewith are for supplements thereto or for extension, revision, continuation, yearbook, or other similar services or for services to be rendered by a research or other bureau, when such is not the fact; or that a certain number of books have been reserved to be given away free of cost to selected persons as a means of advertising, or that a certain number of persons in a community have been designated to receive a book or books or any form of service free of cost, when such is not the fact.

(3) Misrepresentation as to the Nature of Business. It is unfair trade practice for a seller:

(a) To use, or cause to be used, any representation or inference
1. That such seller is an association or organization of educators, teachers, engineers, or scientists, or of persons having other professional or technical qualifications when such is not in fact true; or

2. That the business of such seller is other than a private business enterprise operated for profit when such is not the fact; or

3. That such seller is a book publisher or a representative or distributor for a book publisher when such is not the fact; or

(b) To misrepresent in any manner the character, extent or type of business of such seller.

(4) Misrepresentation as to Connection with Educational Institution. It is an unfair trade practice for any seller to represent through advertising or otherwise, that it or its sales representatives are connected in any manner with any school, college, university, or other educational institution, or with any board or committee thereof, or with any other organization, or that any book or service sold or offered by it is required, endorsed or approved by any such institution, board, committee, or organization when such is not the fact.

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