QuickServe State Laws

Massachusetts

1.  Unfair Claims Practices Act

2.  Unfair Trade Practices Act

3.  Imitation Crash Parts Regulations 
4.  Anti-Steering Regulations

5.  Timely Notification 

6.  Timely Payment

7.  False & Misleading Advertising

8.  False Use of Insurer’s Name

9.  Total Losses  

10. Consumer Sales Practices Acts 

11. Consumer Auto Repair Practices Acts 

12. Telemarketing laws 

13. Home Sales Act   

14. Licensing Adjusters 

15. Diminished Value -- We haven't found a law yet.

16. Warranty

definitions: more>> click here for more information on a section.

                 updates>> click here for possible future updates of that section; current text

                 is shown in full.

Unfair Claims Practices Act

(9) Unfair claim settlement practices: An unfair claim settlement practice shall consist of any of the following acts or omissions:

(a) Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue;

(b) Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies;

(c) Failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies;

(d) Refusing to pay claims without conducting a reasonable investigation based upon all available information;

(e) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed;

(f) Failing to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear;

(g) Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds;

(h) Attempting to settle a claim for less than the amount to which a reasonable man would have believed he was entitled by reference to written or printed advertising material accompanying or made part of an application;

(i) Attempting to settle claims on the basis of an application which was altered without notice to, or knowledge or consent of the insured;

(j) Making claims payments to insured or beneficiaries not accompanied by a statement setting forth the coverage under which payments are being made;

(k) Making known to insured or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements of compromises less than the amount awarded in arbitration;

(l) Delaying the investigation or payment of claims by requiring that an insured or claimant, or the physician of either, submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information;

(m) Failing to settle claims promptly, where liability has become reasonably clear, under one portion of the insurance policy, coverage in order to influence settlements under other portions of the insurance policy coverage; or

(n) Failing to provide promptly a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement.

   update>> http://www.state.ma.us/legis/laws/mgl/176D-3.htm 

Unfair Trade Practices Act

Chapter 176D: Section 3. Unfair methods of competition in insurance and unfair or deceptive acts or practices.

Section 3. The following are hereby defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insurance:-

(1) Misrepresentations and false advertising of insurance policies: making, issuing, circulating, or causing to be made, issued or circulated, any estimate, illustration, circular or statement which:-

(a) Misrepresents the benefits, advantages, conditions, or terms of any insurance policy;

(b) Misrepresents the dividends or shares of the surplus to be received on any insurance policy;

(c) Makes any false or misleading statements as to the dividends or share or surplus previously paid on any insurance policy;

(d) Misleads or misrepresents the financial condition of any person or the legal reserve system upon which any life insurer operates;

more>> http://www.state.ma.us/legis/laws/mgl/176D-3.htm 

Imitation Crash Parts Regulations

The purpose of 211 CMR 133.00 is to promote the public welfare and safety by establishing fair and uniform standards for the repair of damaged motor vehicles. 211 CMR 133.00 is promulgated to be read in conjunction with 212 CMR 2.00, The Appraisal and Repair of Damaged Motor Vehicles, as promulgated by the Auto Damage Appraiser Licensing Board. 211 CMR 133.00 shall apply to all motor vehicles insured in the Commonwealth and only when an insurer pays for the cost of repairs.

(1) Appraisers shall specify that damaged parts be repaired rather than replaced unless: the part is damaged beyond repair, or the cost of repair exceeds the cost of replacement with a part of like kind and quality, or the operational safety of the vehicle might otherwise be impaired. When it is determined that a part must be replaced, a rebuilt, aftermarket or used part of like kind and quality, at the lowest possible price, shall be used in the appraisal unless:

(b) reasonable and diligent efforts to locate the appropriate rebuilt, aftermarket or used part have been unsuccessful;

(d) the vehicle has been used no more than 15,000 miles unless the pre-accident condition warrants otherwise. A part is of like kind and quality when it is of equal or better condition than the preaccident part.

(2) When an insurance company specifies the use of used, rebuilt, or aftermarket parts, the source and specific part(s) must be indicated on the appraisal. If the repairer uses the source and specified part(s) indicated on the appraisal and these parts are later determined by both parties to be unfit for use in the repair, the insurance company shall be responsible for the costs of restoring the parts to usable condition. If both parties agree that a specified part is unfit and must be replaced, the insurer shall be responsible for replacement costs such as freight and handling unless the repair shop is responsible for the part(s) being unfit, or unless the insurer and repairer otherwise agree. As to such costs, nothing in 211 CMR 133.00 shall preclude an insurer from exercising any available rights of recovery against the supplier.

update>> http://www.state.ma.us/doi/legal_hearings/211_133.pdf 

Anti-Steering Regulations

Repair Shops Coverage (Chapter 175)

Section 113T. Notwithstanding the provisions of section eight G of chapter twenty-six, a motor vehicle liability policy may, upon approval by the commissioner and by endorsement prescribed by the commissioner, include coverage, at the insured's option, pursuant to which the insurer will repair damage to insured motor vehicles, in accordance with collision or limited collision coverage provided under section thirty-four O of chapter ninety or comprehensive coverage provided under sections one hundred and thirteen C and one hundred and thirteen O of this chapter, at participating repair shops. One or more registered automobile damage repair shops may contract with an insurer or insurers as a participating repair shop to repair damage to insured motor vehicles covered under a participating repair shop endorsement. An insurance company offering a participating repair shop endorsement shall provide an appropriate reduction in the premium charges for such coverages, which shall be subject to approval by the commissioner, and such company shall provide any information in support of its reduction as may be required by the commissioner. 

more>> http://www.state.ma.us/legis/laws/mgl/175-113T.htm

211 CMR 56.00: REDUCTIONS IN PREMIUM CHARGES FOR PRIVATE PASSENGER MOTOR VEHICLE INSURANCE FOR INSUREDS ELECTING OPTIONAL PARTICIPATING REPAIR SHOP ENDORSEMENT PLANS

(a) Except for those insureds residing in areas for which the insurer has obtained a waiver, the insurer shall make available to every proposed insured or insured an appropriate discount on collision, limited collision and comprehensive coverages to reflect the estimated savings through participation in the participating repair shop plan. If the discount falls within the range of 5% to 15% of the otherwise applicable premium for those coverages, the discount shall be presumed to be reasonable. If such discount deviates from the above-mentioned range of 5% to 15%, such deviation shall be allowed only if the commissioner finds that the discount that the insurer desires to offer is adequate, not excessive, just, and reasonable. Every application for permission to so deviate shall be filed with the commissioner, specifying the basis therefor and shall be accompanied by the data or other information upon which the applicant relies.

(b) An insured who chooses not to add the participating repair shop endorsement at the time of purchase of the policy may elect to add it at any time prospectively, at which time the insured shall receive a pro-rata discount on collision, limited collision and comprehensive coverages. An insured who chose to add the endorsement at the time of purchase of the policy may have it removed at any time prospectively, upon repayment of the pro-rata amount of the discount initially received.

(4) Designation of participating repair shop(s): At least one geographically convenient participating repair shop must be designated at the time of purchase or renewal of the policy, to be updated at the time of any claim arising under the policy. At regular intervals no less than quarterly, the insurer shall notify its insured of any changes in the list. Upon request of the insured, the insurer shall make available a current list of participating repair shops. All participating repair shops shall be listed in the same manner in any directory distributed to insured's.

(5) Disclosure Statement and Acknowledgement: Each insured shall receive, at the time of purchase or renewal of a policy, a disclosure statement describing the rights and duties under the participating repair shop plan, and the premium discount available, as required by 211 CMR 56.07. If the insured agrees to participate in the plan, the insurer shall add the participating repair shop endorsement to the policy and obtain a written acknowledgement that the insured understands his or her rights and duties under the plan. Samples of the disclosure statement and acknowledgement form shall be included as a part of the filed plan.

(6) Limitations on Consumer's Choice of Shop: Once an insured has agreed to have a participating repair shop endorsement added to his or her policy, his or her selection among shops may be limited in accordance with the terms of the plan. A claimant who chooses to have the vehicle repaired at a non-participating repair shop will be subject to a limitation of benefits as provided in 211 CMR 56.05(10).

(7) Access. The participating repair shop plan must make available a sufficient number and range of repair shops to provide claimants with adequate access to and availability of participating repair shops for repairs offered on a participating basis. As an alternative, insurers may meet this requirement by providing transportation of the damaged vehicle to and from participating repair shops at the insurer's expense. Failure by an insurer to provide access to a participating repair shop within five business days shall be considered a violation of 211 CMR 56.05(7) and grounds for revocation of the plan or for other action by the Commissioner.

(8) Emergency Repairs. If an insured needs to obtain emergency repairs and cannot reasonably reach a participating repair shop, payment for such repairs shall be a matter for negotiation between the insurer and the non-participating repair shop. Under no circumstances shall the insured be charged more than the applicable deductible for such emergency repairs.

(9) Grievances. An adequate complaint and grievance system must exist which permits insureds to appeal coverage decisions, including a mechanism to appeal utilitzation review decisions which result in denial of payment or denial of access to repairs or which concern alleged poor quality repairs by a participating repair shop.

(10) Limitations on Coverage of Repairs Performed at Non-Participating Shops. A plan may provide that the insurer may limit payment for non-emergency repairs performed at a non-participating repair shop to no less than 80% of what the insurer would otherwise have paid to one of its participating repair shops.

2. have entered into an agreement satisfactory to the insurer to promptly repair vehicles brought or directed to be brought to its premises by the insurer.

(b) In determining which registered repair shop(s) will be named as a participating shop, the insurer's selection shall be based primarily on the following criteria: the quality and cost of repairs at a particular shop, the quality of the service given the customer, the responsiveness of the shop to the customers' needs, the ability of the shop to perform repairs without undue delay, the geographic convenience of the shop for the claimant, cooperation of the shop with pre and post-repair inspections and the shop's compliance with applicable laws and regulations. 

The form of agreement between the participating shop(s) and the insurer may provide adequate assurances that the repair shop will continue to satisfy the insurer as to such criteria.

(c) No insurer may refuse to enter into a participating repair shop contract with a shop on the basis of religion, race, color, national origin, sex, marital status, or sexual orientation.

(12) Waiver: Any individual insurer wishing to implement a participating repair shop plan, but who is unable to reach agreements with a repair shop(s) in a particular geographic location, may petition the Commissioner for a waiver of the otherwise mandatory offer of this plan to all its proposed insureds. The insurer seeking such a waiver shall set forth the specific facts regarding market share, geographic location, availability of repair shops, or other circumstances in support of its petition. No insurer may offer or implement a plan with respect to less than all of its insureds unless and until the Commissioner has granted a petition for waiver.

(13) Insurer's Guarantee: If a claimant's vehicle is repaired at one of the insurer's participating repair shops, then the insurer shall guarantee the duration and nature of the guarantee shall be the same as the manufacturer's warranty of any other warranty or guaranty covering the vehicle prior to the date of the accident or claim. No insurer may petition the Commissioner for a waiver of 211 CMR 56.05(13). This guarantee by the insurer shall be in addition to all other guarantees which may be made by the manufacturer and the repair shop. The agreement between the insurer and the repair shop may provide for indemnification of the insurer by the repair shop for any costs associated with such guarantee under such terms and conditions as the parties to the agreement shall specify.

(1) No employee or agent of an insurer with responsibility for creating, managing, or maintaining a list of one or more participating repair shops as prescribed in 211 CMR 56.04(4) shall receive or ask for any payment, gift or any other thing of value from any repair shop included, or seeking to be included, on the insurer's list of participating repair shops. No repair shop, or employee or owner thereof, shall give, pay or offer to give or pay, any thing of value to any employee or agent of an insurer with responsibility for creating, managing or maintaining a list of participating repair shops. No repair shop, or employee, owner or agent thereof, shall give or pay, or offer to give or pay, any thing of value to any person in exchange for being included, or as an inducement for being included, on an insurer's list of participating repair shops. For purposes of 211 CMR 56.06, the words "employee", owner" and "agent" shall also include any spouse or child of an employee, owner or agent.

(2) A discount on parts, glass, labor rate or other item, customer service, or any other agreement reducing or limiting the cost of repairs offered by a participating repair shop to an insurer shall not constitute a "payment, gift or any other thing of value" for purposes of 211 CMR 56.06(1). 

56.07: Disclosures to Consumers

Every insured under a plan shall be given full and adequate disclosure at the time of the purchase or renewal of the policy. The disclosure statement shall, at a minimum, contain the following:

(a) An explanation of the insured's rights and obligations under the plan, including a brief description of the appropriate claims procedure as described above in 211 CMR 56.05(2).

(b) Identification of the repair shop(s) or individual(s) who shall perform the repair work in the event of a claim.

(c) A statement that if the repair is made at a registered repair shop which is one of the insurer's participating repair shops, neither the repair shop nor the insurer shall require the claimant to pay more than any applicable deductible to have the repair work completed, and any dispute as to the amount of the appraised damage shall be resolved between the participating repair shop and the insurer.

(d) A statement that the insured may elect to participate in the plan and receive a list of participating repair shops, which may be updated at the time of any claim, or, should a claim arise under the policy, the insured may choose to pursue the claim without regard to the plan, but that the claim will be subject to the permissible benefit limitations imposed in accordance with 211 CMR 56.05(10);

(e) Disclosure of the dollar amount or percentage discount offered in conjunction with the participating repair shop endorsement;

(f) Disclosure, if applicable, of the fact that the insurer's participating repair shops are contractually bound to install used or non-OEM parts instead of new or OEM parts whenever available, appropriate and safe.

(g) A statement that if the claimant agrees to participate in the participating repair shop plan, receives the appropriate discount on the premium charges, and at the time of a claim, in fact has repairs performed at a participating repair shop, the insurer will guarantee the materials and workmanship of the repair, and the cost of the repair to the claimant will not exceed the amount of any applicable deductible;

(h) The procedure for resolving claimants' disputes concerning access and quality of repairs under the plan, and;

(i) Such other information as will aid the claimant in exercising his or her rights under the plan, including provisions regarding emergency repairs and criteria used in determining which shops shall be listed among the insurer's participating shops.

more>> http://www.state.ma.us/doi/legal_hearings/211_56.pdf 

Timely Notification 

(9) Unfair claim settlement practices: An unfair claim settlement practice shall consist of any of the following acts or omissions: (relevant parts from unfair claims settlement section)

(b) Failing to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies;

(c) Failing to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies;

(d) Refusing to pay claims without conducting a reasonable investigation based upon all available information;

(e) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed;

(n) Failing to provide promptly a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement.

update>> http://www.state.ma.us/legis/laws/mgl/176D-3.htm 

Timely Payment

(9) Unfair claim settlement practices: An unfair claim settlement practice shall consist of any of the following acts or omissions: (relevant parts from unfair claims settlement section)

(f) Failing to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear;

(g) Compelling insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds;

(l) Delaying the investigation or payment of claims by requiring that an insured or claimant, or the physician of either, submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information;

(m) Failing to settle claims promptly, where liability has become reasonably clear, under one portion of the insurance policy, coverage in order to influence settlements under other portions of the insurance policy coverage;

update>> http://www.state.ma.us/legis/laws/mgl/176D-3.htm 

(1) Payment to the claimant: The insurer shall offer to pay every claimant for the loss of or damage to the insured motor vehicle under collision coverage, limited collision coverage or comprehensive coverage the full amount, less any applicable deductible, of the cost of repair of the damage as described in an appraisal made by a licensed automobile damage appraiser employed or designated by the insurer, subject to the terms and conditions of the applicable insurance policy. In the case of property damage liability claims, the insurer may make such offer to the person to whom such liability payments are owed. Unless such direct payment is refused by the claimant, the insurer shall make such payment at the time of, or within five business days after, the preparation of said appraisal. In no event shall payment be made prior to provision of a copy of the appraisal to the claimant. Nothing in 108 CMR 123.05 be construed to affect the right of any insurer to delay payment for a period of time reasonably necessary to investigate any claim before authorizing repair work or making payment on such claim.

update>> http://www.state.ma.us/doi/legal_hearings/211_123.pdf 

False and Misleading Advertising

(2) False information and advertising generally: making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster or over any radio or television station, or in any other way, an advertisement, announcement or statement containing any assertion, representation or statement with respect to the business of insurance or with respect to any person in the conduct of his insurance business, which is untrue, deceptive or misleading.

more>>  http://www.state.ma.us/legis/laws/mgl/176D-3.htm 

False Use of Insurer’s Name

CHAPTER 155. GENERAL PROVISIONS RELATIVE TO CORPORATIONS.

Chapter 155: Section 9. Name of corporation; exception.

Section 9. A corporation organized under general laws may assume any name which, in the judgment of the secretary, indicates that it is a corporation; but it shall not assume the name or trade name of another corporation established under the laws of the commonwealth, or of a corporation, firm, association or person carrying on business in the commonwealth, at the time of incorporation or change of name of the corporation assuming any such name or within three years prior thereto, or assume a name so similar thereto or a name which is under reservation for another or proposed corporation under the laws of the commonwealth as to be likely to be mistaken for it, except with the written consent of the said existing corporation, firm or association or of such person previously filed with the secretary; provided, however, that the name of any corporation formed for the purpose of acting as an insurance agent, insurance broker, or adjuster of fire losses shall be subject to the prior written approval of the commissioner of insurance. The supreme judicial or superior court shall have jurisdiction in equity, upon the application of any person interested or affected, to enjoin such corporation from doing business under a name assumed in violation of any provision of this section, although articles of organization or articles of amendment may have been approved and filed and a certificate of incorporation issued.

more>> http://www.state.ma.us/legis/laws/mgl/155%2D9.htm 

Total Losses
211 CMR 133.00: STANDARDS FOR THE REPAIR OF DAMAGED MOTOR VEHICLES

(2) Salvage Value: Whenever the appraised cost of repair plus the probable salvage may be reasonably expected to exceed the actual cash value, a staff or independent appraiser licensed pursuant to 212 CMR 2.00 shall complete a total loss report on a form that has been filed with the Division of Insurance. If the claimant retains title to the vehicle, the appraiser shall obtain bids from two geographically convenient licensed salvage companies. The average of the two bids shall be used as the salvage value. The appraiser shall provide to the claimant the names and addresses of the potential salvage buyers, the amount of each salvage estimate used by the appraiser in computing the salvage value, and the expiration dates of offers, if any, made by potential salvage buyers.

(1) With respect to a claim presented under either Limited Collision, Collision or Comprehensive Coverage, if the insurer deems a motor vehicle a total loss, the claimant may, with the consent of the insurer, enter into an agreement to have the vehicle repaired by any registered repair shop for the contracted cost of repair if:

(2) Under such an agreement, the insurer shall not be required under any circumstance to pay more than the actual cash value less the actual salvage value as determined under 211 CMR 133.05. There shall be no supplements paid by the insurer under this agreement. The claimant or the repair shop and not the insurer shall be responsible for any charges that may exceed the agreed contract price. The insurer shall make no payments to the registered repair shop until it receives a completed work claim form and the vehicle has been reinspected by the insurer.

(3) Nothing in 211 CMR 133.06 shall be construed to conflict with, or alter, the duties and rights of an insurer under M.G.L. c. 175, § 113S. Nothing in 211 CMR 133.06 shall restrict the right of an insurer to take title to a vehicle that the insurer has deemed a total loss.

update>> http://www.state.ma.us/doi/legal_hearings/211_133.pdf 

(1) Actual Cash Value: Whenever the appraised cost of repair plus the probable salvage value may be reasonably expected to exceed the actual cash value of the vehicle, the insurer shall determine the vehicle's actual cash value. This determination shall be based on a consideration of all the following factors:

(a) the retail book value for a motor vehicle of like kind and quality, but for the damage incurred;

(b) the price paid for the vehicle plus the value of prior improvements to the motor vehicle at the time of the accident, less appropriate depreciation;

(c) the decrease in value of the motor vehicle resulting from prior unrelated damage which is detected by the appraiser; and

(d) the actual cost of purchase of an available motor vehicle of like kind and quality but for the damage sustained.

update>> http://www.state.ma.us/doi/legal_hearings/211_133.pdf 

Consumer Sales Practices Acts

Chapter 106: Section 2-208. Course of Performance or Practical Construction.

(1) Where the contract for sale involves repeated occasions for performance by either party with knowledge of the nature of the performance and opportunity for objection to it by the other, any course of performance accepted or acquiesced in without objection shall be relevant to determine the meaning of the agreement.

(2) The express terms of the agreement and any such course of performance, as well as any course of dealing and usage of trade, shall be construed whenever reasonable as consistent with each other; but when such construction is unreasonable, express terms shall control course of performance, and course of performance shall control both course of dealing and usage of trade (section 1-205).

(3) Subject to the provisions of the next section on modification and waiver, such course of performance shall be relevant to show a waiver or modification of any term inconsistent with such course of performance.

update>> http://www.state.ma.us/legis/laws/mgl/106-2-208.htm 

Chapter 106: Section 2-210 Delegation of Performance; Assignment of Rights

  Section 2-210. (1) A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or control the acts required by the contract. No delegation of performance relieves the party delegating of any duty to perform or any liability for breach.

[ Subsection (2) as amended by 2001, 26, Sec. 20 effective July 1, 2001 applicable as provided by 2001, 26, Sec. 53. ]

  (2) Except as otherwise provided in Section 9-405, unless otherwise agreed all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on him by his contract, or impair materially his chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignor's due performance of his entire obligation can be assigned despite agreement otherwise.

[ Subsection (21/2) inserted by 2001, 26, Sec. 15 effective July 1, 2001 applicable as provided by 2001, 26, Sec. 53.]

(21/2) The creation, attachment, perfection, or enforcement of a security interest in the seller's interest under a contract is not a transfer that materially changes the duty of or increases materially the burden or risk imposed on the buyer or impairs materially the buyer's chance of obtaining return performance within the purview of subsection (2) unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the seller. Even in that event, the creation, attachment, perfection, and enforcement of the security interest remain effective, but (i) the seller is liable to the buyer for damages caused by the delegation to the extent that the damages could not reasonably be prevented by the buyer, and (ii) a court having jurisdiction may grant other appropriate relief, including cancellation of the contract for sale or an injunction against enforcement of the security interest or consummation of the enforcement.

  (3) Unless the circumstances indicate the contrary, a prohibition of assignment of "the contract'' is to be construed as barring only the delegation to the assignee of the assignor's performance.

  (4) An assignment of "the contract'' or of "all my rights under the contract'' or an assignment in similar general terms is an assignment of rights and unless the language or the circumstances (as in an assignment for security) indicate the contrary, it is a delegation of performance of the duties of the assignor and its acceptance by the assignee constitutes a promise by him to perform those duties. This promise is enforceable by either the assignor or the other party to the original contract.

more>> http://www.state.ma.us/legis/laws/mgl/106-2-210.htm or table of contents http://www.state.ma.us/legis/laws/mgl/gl-106-2-toc.htm 

Consumer Auto Repair Practices Acts

CHAPTER 100A. MOTOR VEHICLE DAMAGE REPAIR SHOPS.

Chapter 100A: Section 1. Definitions.

Section 1. As used in this chapter, the following words, unless the context clearly requires otherwise, shall have the following meanings:

"Deputy director'', the deputy director of standards in the office of consumer affairs and business regulation.

"Registered motor vehicle repair shop'', a motor vehicle repair shop which has a current valid certificate of registration issued hereunder.

"Motor vehicle repair'', the business or act of repairing damaged motor vehicles in the commonwealth for compensation.

"Motor vehicle repair shop'', any person or entity which, for compensation, or with the intention or expectation of receiving the same, repairs or undertakes to repair in the commonwealth a damaged motor vehicle as defined in section thirty-four A of chapter ninety.

"Person'', individuals, associations, partnerships and corporations, and the officers, directors and employees of a corporation.

"Unregistered motor vehicle repair shop,'' a motor vehicle repair shop which does not have a current valid certificate of registration issued hereunder, which has had its registration revoked or suspended, or which has surrendered its certificate of registration hereunder.

update>> http://www.state.ma.us/legis/laws/mgl/100A-1.htm 

Chapter 100A: Section 2. Motor vehicle repair shop; registration; service of process.

Section 2. No person shall engage in motor vehicle repair unless such person is registered as a motor vehicle repair shop under this chapter. Any person desiring to be registered as a motor vehicle repair shop shall make written application under oath to the deputy director on a form provided by him. Said application shall set forth the name and address of the applicant and of any other person having financial interest, direct or indirect, in the business to be conducted by the applicant, and such other information as the deputy director shall require, and shall identify at least one natural person who is in charge of the operations of the applicant. Said application shall be accompanied by a registration fee in the amount of three hundred dollars, or such other amount as the secretary of administration and finance pursuant to the provisions of section three B of chapter seven shall establish, together with two letters of recommendation for registration signed by a registered motor vehicle repair shop or by an elected public official or a member of the Massachusetts Bar. Said application shall be further accompanied by a bond upon the applicant in the sum of ten thousand dollars, payable to the deputy director or his successors with sureties approved by the deputy director and conditioned on applicant's compliance with the provisions of this chapter. Said bond shall guarantee the payment of all fines and penalties incurred by applicant as a registered motor vehicle repair shop for his violations of the said provisions, and also guarantee the payment or satisfaction of any final judgments on claims by creditors against the registered motor vehicle repair shop arising in connection with business done under a certificate or registration granted under this chapter, all such payments under said bond to be limited to the amount of said bond. Such a creditor's claim however, must have been duly filed by giving written notice to the deputy director prior to the expiration of sixty days from the return, surrender of said certificate of registration or date of the filing of an affidavit of loss of the certificate of registration held by the registered motor vehicle repair shop against whom the claim is made.

The acceptance by an applicant of a certificate of registration issued by the deputy director to him as a registered motor vehicle repair shop shall be deemed equivalent to an appointment by the registrant of the deputy director, or his successors in office, to be the registrant's true and lawful attorney upon whom may be served all lawful process in any action or proceeding against him or his executor or administrator, arising out of the transaction of business by him under said certificate of registration. Any process against the registrant so served shall, if said registrant is notified as hereinafter provided, be of the same legal force and validity as if served on him personally, and the mailing by the deputy director of a copy of such process to said registrant at his last address, as appearing on the deputy director's records, shall be sufficient notice to him of such service. Service of such process shall be made by delivering or mailing duplicate copies thereof together with a fee of two dollars to the office of the deputy director, and the deputy director shall forthwith send one of said copies by mail, postage prepaid, addressed to the defendant registrant named in such process at his last address as appearing on the deputy director's records.

An affidavit of the deputy director, or of any person authorized by him to send such copy, that such copy has been mailed shall be prima facie evidence thereof. One of the duplicates of such process, certified by the deputy director as having been delivered to the office of the deputy director, shall be sufficient evidence of service upon him as attorney for the registrant named as defendant in the process.

update>> http://www.state.ma.us/legis/laws/mgl/100A-2.htm

Chapter 100A: Section 7. Public display of certificate of registration.

Section 7. Every registered motor vehicle repair shop shall publicly display in its place of business its current certificate of registration. No unregistered motor vehicle repair shop shall display in its place of business any certificate of registration or copy or facsimile of a certificate of registration, nor shall it in any manner state that it is, or hold itself out to be, a registered motor vehicle repair shop.

update>> http://www.state.ma.us/legis/laws/mgl/100A-7.htm 

Chapter 100A: Section 8. Advertising; repair charges.

Section 8. No registered motor vehicle repair shop or other person shall: (a) advertise for motor vehicle repair in the commonwealth without including the number of its certificate of registration issued by the deputy director as a part of the advertisement; (b) with respect to any repair paid for in whole or in part by an insurer, fail to charge all or any part of the applicable deductible to be paid by the insured, or give any rebate, gift, prize, premium, bonus, fee or any other monetary or tangible thing to the insured or any other person not in the employ of the repair shop as an inducement to have the repair made at the repair shop; (c) charge or offer to charge a higher rate or discount for an insured repair than for an uninsured repair; (d) make any false or fraudulent statement in connection with any repair or attempt to collect for a repair; (e) without lawful authority, prevent the owner of a motor vehicle from recovering the same.

update>> http://www.state.ma.us/legis/laws/mgl/100A-8.htm 

Chapter 100A: Section 9. Records.

Section 9. (a) Every registered motor vehicle repair shop shall keep, or cause to be kept, in a book a proper record of every motor vehicle which enters and which leaves his place of business. A proper record shall include, but not be limited to, a description of the motor vehicle, the vehicle identification number, the date received, the name and residences of the person from and for whom the vehicle was received and a signed authorization for the work to be performed on said vehicle. Records shall also be kept of purchases of all major component parts, motor transmission, any body parts and parts for the interior. Records must be kept of all purchases made during at least the preceding eighteen months.

(b) Any registered shop whose business consists primarily of the changing and replacing of the fluids of a motor vehicle shall be exempt from keeping the record book referred to above, if and so long as the registered shop keeps adequate records of the repairs and services performed with respect to the motor vehicles which come into its custody.

(c) Said record book shall be kept in a convenient place, and along with the premises of the repair shop or body shop, may be inspected at any time by any city, state or federal law enforcement officer.

update>> http://www.state.ma.us/legis/laws/mgl/100A-9.htm 

Chapter 100A: Section 10. Violations; penalties.

Section 10. Any person violating any of the provisions of this chapter may be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or both. Such fine may be imposed by the deputy director, after hearing, or in a civil or criminal action brought by the attorney general. Violation of any of the provisions of this chapter shall constitute a violation of chapter ninety-three A.

In addition to any other penalties provided herein, whenever the deputy director determines that a person who is required to be registered hereunder has failed to so register, the deputy director may serve a stop work order on said person, requiring the cessation of all business operations. Such order shall take effect five days after the date of service upon such person. Any person who is aggrieved by the imposition of a stop work order shall have five days from the date of service to appeal such order, and shall thereafter be granted a hearing by the deputy director within five days of receipt of appeal. If the deputy director finds at the hearing that the person was required to be registered, and failed to register, the stop work order shall be effective immediately on the conclusion of the hearing, and shall remain in effect until the person becomes properly registered. Any law enforcement agency in the commonwealth shall, at the request of the deputy director, render any assistance necessary to carry out the provisions of this paragraph, including but not limited to preventing any employee or other person from remaining at the place of business after a stop work order has taken effect.

update>> http://www.state.ma.us/legis/laws/mgl/100A-10.htm 

Telemarketing laws

CHAPTER 159C. TELEMARKETING SOLICITATION

Chapter 159C: Section 1 Definitions

[ Text of section added by 2002, 265, Sec. 1 effective January 1, 2003. See 2002, 265, Sec. 2.]

  Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:--

  "Caller identification service or device'', a telephone service or device which permits a consumer to see the telephone number of incoming calls.

  "Consumer'', an individual who is a resident of the commonwealth and a prospective recipient of consumer goods or services.

  "Consumer goods or services'', an article or service that is purchased, leased, exchanged or received primarily for personal, family or household purposes including, but not limited to, stocks, bonds, mutual funds, annuities and other financial products.

  "Doing business in the commonwealth'', conducting telephonic sales calls: (i) from a location in the commonwealth or (ii) from a location outside of the commonwealth to consumers in the commonwealth.

  "Existing customer'', a residential telephone subscriber with whom the person or entity making a telephonic sales call has maintained an account or had a business relationship within the previous 24 months.

  "Marketing or sales solicitation'', the initiation of a telephone call or message to encourage the purchase or rental of, or investment in, property, goods or services, that is transmitted to a consumer, but not including a telephone call or message: (i) to a consumer with that consumer's prior express written or verbal invitation or permission; (ii) by a tax-exempt nonprofit organization; (iii) by an individual or organization for a noncommercial purpose, such as a poll or survey; or (iv) to a consumer in response to a visit made by such consumer to an establishment selling, leasing or exchanging consumer goods or services at a fixed location.

  "Office'', the office of consumer affairs and business regulation.

  "Telephonic sales call'', a call made by a telephone solicitor to a consumer for the purpose of: (i) engaging in a marketing or sales solicitation; (ii) soliciting an extension of credit for consumer goods or services; or (iii) obtaining information that will or may be used for marketing or sales solicitation or exchange of or extension of credit for consumer goods or services.

  "Telephone solicitor'', an individual, association, corporation, partnership, limited partnership, limited liability company or other business entity, or a subsidiary or affiliate thereof, doing business in the commonwealth who makes or causes to be made a telephonic sales call.

  "Unsolicited telephonic sales call'', a telephonic sales call other than a call made: (i) in response to an express written or verbal request of the consumer called; (ii) primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call; (iii) to an existing customer unless such customer has stated to the telephone solicitor that such customer no longer wishes to receive the telephonic sales calls of such telephone solicitor; or (iv) in which the sale of goods and services is not completed, and payment or authorization of payment is not required, until after a face-to- face sales presentation by the telephone solicitor or a meeting between the telephone solicitor and customer.

updates>> http://www.state.ma.us/legis/laws/mgl/159c%2D1.htm 

CHAPTER 159C. TELEMARKETING SOLICITATION

Chapter 159C: Section 5A Disclosures by telephone solicitors; information provided to consumers prior to payment

[ Text of section added by 2002, 265, Sec. 1 effective January 1, 2003. See 2002, 265, Sec. 2.]

  Section 5A. (a) A telephone solicitor shall disclose all of the following information within the first minute of a telephonic sales call and before requesting, accepting or arranging for payment by a consumer: (i) that the purpose of the telephone call is to make a sale or solicit funds; (ii) the correct name of the telemarketing company that employs the individual telemarketer who is making the call; (iii) the correct name of the ultimate seller whose goods or services are being offered by means of the telemarketing call; and (iv) a complete and accurate description of the goods or services being offered including, but not limited to, the retail market value of the goods or services.

  (b) The telemarketer shall provide all of the following information before requesting, accepting or arranging for payment by a consumer: (i) the cost to the consumer of the goods or services that are the subject of the telemarketing sales call including, but not limited to, any applicable tax, shipping and handling fees; (ii) any restrictions, limitations or conditions attached to purchasing the goods or services; (iii) the complete terms of any applicable refund, return, cancellation, exchange or repurchase policies; (iv) any material aspect of an investment opportunity being offered including, but not limited to, the price of the land or other investment, the location of the investment and the fact that an investor may lose some or all of their original investment.

update>> http://www.state.ma.us/legis/laws/mgl/159c%2D5a.htm 

Chapter 159: Section 19C. Notification of wish not to receive calls from automatic telephone dialing system.

Section 19C. Any person who is a customer of a common carrier and who wishes not to receive telephone calls from an automatic telephone dialing system may notify such common carrier which provides telephone exchange service that he does not wish to receive such calls... .

more>> http://www.state.ma.us/legis/laws/mgl/159-19C.htm 

CHAPTER 159C. TELEMARKETING SOLICITATION

Chapter 159C: Section 2 Unsolicited telephonic sales calls; consumer listing; updates

[ Text of section added by 2002, 265, Sec. 1 effective January 1, 2003. See 2002, 265, Sec. 2.]

  Section 2. The office shall establish and maintain a no sales solicitation calls listing of consumers who do not wish to receive unsolicited telephonic sales calls. The office may contract with a private vendor to establish and maintain such listing, provided that: (i) the private vendor has maintained national no sales solicitation calls listings for more than 2 years; and (ii) the contract requires the vendor to provide the no sales solicitation calls listing in a printed hard copy format and in any other format offered at a cost that does not exceed the production cost of the format offered. The office shall provide notice to consumers of the establishment of a no sales solicitation calls listing. A consumer who wishes to be included on the listing shall notify the office by calling toll-free number provided by the office, or in such other manner and at such times as the office may prescribe, which may include electronic notification. A consumer on such listing shall be deleted from such listing upon the consumer' s written request or in such other manner and at such times as the division may prescribe, which may include electronic notification. The office shall update such listing not less than quarterly and shall make such listing available to telephone solicitors and other persons for a fee as the office shall prescribe.

update>> http://www.state.ma.us/legis/laws/mgl/159c%2D2.htm 

CHAPTER 159C. TELEMARKETING SOLICITATION

Chapter 159C: Section 3 Unsolicited telephonic sales calls; limitations

[ Text of section added by 2002, 265, Sec. 1 effective January 1, 2003. See 2002, 265, Sec. 2.]

  Section 3. A telephone solicitor shall not make or cause to be made an unsolicited telephonic sales call to a consumer: (i) if the consumer's name and telephone number appear on the then current quarterly no sales solicitation calls listing made available by the office under section 2; (ii) to be received between the hours of 8:00 p.m. and 8:00 a.m., local time, at the consumer's location; (iii) in the form of electronically transmitted facsimiles; or (iv) by use of a recorded message device.

update>> http://www.state.ma.us/legis/laws/mgl/159c%2D3.htm 

CHAPTER 159C. TELEMARKETING SOLICITATION

Chapter 159C: Section 4 Use of blocking devices or services prohibited

[ Text of section added by 2002, 265, Sec. 1 effective January 1, 2003. See 2002, 265, Sec. 2.]

  Section 4. No telephone solicitor shall intentionally cause to be installed or shall intentionally use a blocking device or service to circumvent a consumer's use of a call identification service or device.

update>> http://www.state.ma.us/legis/laws/mgl/159c%2D4.htm 

CHAPTER 159C. TELEMARKETING SOLICITATION

Chapter 159C: Section 7 National consumer database; inclusion of commonwealth portion in no sales solicitation calls listing

[ Text of section added by 2002, 265, Sec. 1 effective January 1, 2003. See 2002, 265, Sec. 2.]

  Section 7. If the Federal Communications Commission establishes a single national database of telephone numbers of consumers who do not wish to receive unsolicited telephonic sales calls pursuant to 47 U.S.C. section 227 (c)(3), the office shall include that part of such single national database that relates to the commonwealth in the listing established pursuant to this chapter.

update>> http://www.state.ma.us/legis/laws/mgl/159c%2D7.htm 

CHAPTER 159C. TELEMARKETING SOLICITATION

Chapter 159C: Section 8 Violations; enforcement by attorney general; consumer action; penalties; attorney's fees and costs

[ Text of section added by 2002, 265, Sec. 1 effective January 1, 2003. See 2002, 265, Sec. 2.]

  Section 8. (a) The attorney general may initiate proceedings relating to a knowing violation or threatened knowing violation of this chapter. Such proceedings may include, without limitation, an injunction, a civil penalty of not more than $5,000 for each knowing violation, but not less than $1,500 for a knowing violation involving a consumer who is 65 years of age or older, and additional relief in a court of competent jurisdiction. The attorney general may also issue investigative demands and subpoenas, administer oaths and conduct hearings in the course of investigating a violation of this chapter.

  (b) A person who has received more than 1 unsolicited telephonic sales call within a 12-month period by or on behalf of the same person or entity in violation of this chapter may: (i) bring an action to enjoin the violation; (2) bring an action to recover for actual monetary loss from such knowing violation or to receive not more than $5,000 in damages for such knowing violation, whichever is greater; or (iii) bring both such actions.

  (c) In a civil proceeding resulting from a transaction involving a violation of this chapter, the prevailing party, after judgment in the trial court and exhaustion of all appeals, if any, shall be awarded reasonable attorney's fees and costs from the nonprevailing party.

update>> http://www.state.ma.us/legis/laws/mgl/159c%2D8.htm 

CHAPTER 159. COMMON CARRIERS.

Chapter 159: Section 19E. Solicitations by telephone; required disclosures; misrepresentation.

Section 19E. No person shall solicit a sale or order for sale of goods or services at the residence of a prospective buyer by means of a telephone without expressly revealing at the time the person initially contacts the prospective buyer, and before making any other statement, except a greeting, or asking the prospective buyer any other questions, that the purpose of the contact is to effect a sale, by doing all of the following:-

(1) stating the identity of the person making the solicitations;

(2) stating the trade name of the person represented by the person making the solicitation; and

(3) stating the kind of goods or services being offered for sale.

No person shall, in soliciting a sale or order for the sale of goods or services at the residence of a prospective buyer by the telephone, use any plan, scheme, or ruse which misrepresents his true status or mission for the purpose of making such sale or order for the sale of goods or services.

update>> http://www.state.ma.us/legis/laws/mgl/159-19E.htm 

CHAPTER 159C. TELEMARKETING SOLICITATION

Chapter 159C: Section 10 Time limitations for actions or proceedings

[ Text of section added by 2002, 265, Sec. 1 effective January 1, 2003. See 2002, 265, Sec. 2.]

  Section 10. No action or proceeding shall be brought pursuant to this chapter: (i) more than 3 years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or (ii) more than 3 years after the termination of a proceeding or action arising out of the same violation by the commonwealth, whichever is later.

updates>> http://www.state.ma.us/legis/laws/mgl/159c%2D10.htm 

Home Sales Act

Chapter 101: Section 21. Employing or permitting a minor to engage in hawking, peddling or door-to-door sales without permit or license.

Section 21. Whoever employs a minor in, or, having the care or custody of a minor, permits such minor to engage in, hawking or peddling without a permit or license, if one is required, or permits him to engage in selling door-to-door for future delivery without a certificate pursuant to section thirty-four, or for himself or as agent of any other person, furnishes or sells to a minor any article with knowledge that the minor would be selling such article in violation of the provisions of this chapter relative to hawkers and peddlers or in violation of the provisions of this chapter relative to those who sell door-to-door, shall be punished by a fine of not more than five hundred dollars, to be equally divided between the commonwealth and the town in which the offense was committed, or by imprisonment for not more than six months.

update>> http://www.state.ma.us/legis/laws/mgl/101%2D21.htm 

Massachusetts only has a door-to-door sales law which we find does not apply to glass sales because it only involves having a salesperson go from door-to-door. For your information, the law is in 

Chapter 101: Section 34. Definitions; door-to-door sales for future delivery; employment regulations; registration of sales agents with cities; registration revocation; penalties; exception.

and can be found at the following website>> http://www.state.ma.us/legis/laws/mgl/101%2D34.htm 

Licensing of Adjusters

Chapter 26: Section 8G. Auto damage appraiser licensing board; appraisers.

Section 8G. There shall be in the division of insurance an auto damage appraiser licensing board, hereinafter called the board, consisting of four persons to be appointed by the governor, two of whom shall be affiliated with the auto body repair industry, and two of whom shall be affiliated with insurance companies writing casualty insurance within the commonwealth, and one person to be appointed by the commissioner of insurance who shall not be affiliated with either the auto body industry or the insurance industry and who shall be the chairman of the board.

The board shall appoint an executive secretary and two secretaries and may expend for expenses and for such legal, investigative, clerical and other assistance such sums as may be appropriated therefore, provided, however, that all costs of administration and operation of said board shall be borne from licensing fees from motor vehicle damage appraisers.

Board members shall be entitled to traveling expenses and incidental expenses incurred by them in the performance of their duties.

The board shall have authority to license individuals to appraise damage to all motor vehicles arising out of motor vehicle damage claims. Such damage claim shall include but shall not be restricted to any set of circumstances for which claim may be made for damage to a motor vehicle under a motor vehicle policy of liability or physical damage coverage.

The board shall after notice and hearing in the manner provided in chapter thirty A adopt rules and regulations governing licenses under this section in order to promote the public welfare and safety.

Applications for registration as licensed motor vehicle damage appraisers signed and sworn to by the applicants, shall be made upon forms furnished by the board. Each applicant who shall furnish the board with satisfactory proof that he is eighteen years of age or over and of good moral character, that he possesses the educational qualifications required for graduation from high school or that he possesses relevant work experience deemed satisfactory by the board, shall, upon payment of one hundred dollars, be examined, and if found qualified by the board, be registered as a licensed appraiser of motor vehicle physical damage and entitled to a numbered certificate in testimony thereof, signed by the chairman of the board. An applicant failing to pass an examination satisfactory to the board, shall, after payment of a further fee of fifty dollars, be entitled to a reexamination after the expiration of six months from the date of the last examination. An applicant failing to pass an examination satisfactory to the board shall be allowed to review his examination.

The board shall prepare and make available to applicants a manual or instructions specifying in general terms the subjects which may be covered in any examination for such a license. The board shall give examinations at such times and places within the commonwealth as it deems necessary to serve the convenience of both the board and applicants.

Each licensed appraiser shall be issued a numbered license.

No appraiser shall complete an auto damage report unless he is duly licensed and unless it is on an approved form, and in a manner consistent with rules and regulations as shall be issued and amended from time to time by the board. Such forms shall be prenumbered and require an itemization of parts, labor and services necessary for repairs thereof, and shall be sworn to under the penalties of perjury and shall also include the appraiser's signature, license number, seal, fee charged and date the motor vehicle was examined.

Fees for auto damage reports shall be in amounts as scheduled by the board. Any such fee paid by a claimant may be included as part of the damage alleged and recoverable as payment by the insurer.

No person licensed under this section shall refuse to prepare and deliver a motor vehicle damage report.

On or about March first of each year, the board shall mail to each licensed appraiser an application for renewal. Such application shall be completed and returned to the board on or before the following first day of June. Each such application shall be accompanied by a renewal fee of fifty dollars. After verification of the facts stated on the renewal application the board shall issue a certificate of annual registration dated July first, and which shall expire on June thirtieth of the year following. Any holder of a certificate of registration who fails to renew his application within sixty days after notification by the board that his license has expired, shall before again engaging in the practice of a licensed appraiser within the commonwealth, be required to re-register, pay a fee of fifty dollars, and may be required by the board to be reexamined.

Every holder of a license shall have it for display on his person. A new license to replace such license lost, destroyed or mutilated, shall be issued by the board upon payment of a fee of twenty dollars, and such license shall be stamped or marked "duplicate''.

Every licensed appraiser shall have a seal of a design authorized by the board. All auto damage reports prepared by him shall be stamped with the impression of such seal. No licensed appraiser shall impress his seal on any motor vehicle damage reports unless his license is in full force and unless he is the sole author of such motor vehicle damage reports.

A roster showing the names and last known places of business of all licensed appraisers shall be prepared by the board during the month of November of each year. Copies of such roster shall be placed on file with the state secretary and furnished to the public on request.

The appraiser shall leave a legible copy of his appraisal with the repair shop selected to make the repairs at the time he inspects the vehicle, which appraisal shall contain the name of the insurance company ordering it, if any, the insurance file or claim number, the number of the appraiser's license and the proper identification number of the vehicle being inspected. All unrelated or old damage should be clearly indicated on the appraisal.

If the appraiser and the repair shop fail to agree on a price for repairs, the appraiser shall not obtain a competitive estimate from another repair shop unless the owner of such other shop, or his authorized agent, either of which shall be a licensed appraiser, has inspected the vehicle and prepared an itemized estimate of repairs to be performed. No such competitive estimates shall be obtained by the use of photographs, telephone calls or in any manner other than a personal inspection.

No appraiser or insurer shall request or suggest that repairs be made in a specified repair shop.

Every appraiser shall reinspect damaged motor vehicles when supplementary allowances are requested by repair shops within two days of a request.

The board shall promulgate regulations for all drive-in claim and appraisal facilities to ensure that they all possess equipment necessary to properly and effectively appraise motor vehicle damage losses or claims. No insurance company or employee, agent or insurance agency or representative thereof shall coerce or use any tactics the purpose of which is to prevent insureds or claimants from seeking damage reports on repairs from their own repair shop rather than utilizing a company appraisal drive-in facility.

No person licensed under this section shall have any interest in any damage report prejudicial to or in conflict with his professional interest therein.

The board, after due notice and hearing, shall revoke any license issued by it and cancel the registration of any person who pleads guilty to or is convicted of a fraudulent automobile damage report as a result of a court judgment and said license shall not be reinstated or renewed nor shall said person be relicensed. The board, after due notice and hearing, shall cancel for a period not exceeding one year, any license issued by it to, and cancel the registration of, any person who has been shown at such hearing to have been guilty of fraud, deceit, gross negligence, incompetence or misconduct or conflict of interest in the preparation or completion of any motor vehicle damage report, or that the holder of such license has permitted or suffered his official seal to be affixed to any auto damage report not prepared by him. Any such person shall, before again engaging in the practice of licensed appraiser within the commonwealth, be required to re-register and pay a fee of fifty dollars and be re-examined by the board.

Whenever an appraiser determines that a motor vehicle is damaged such that (a) it may no longer meet the safety standards established by the registrar of motor vehicles under section seven A of chapter ninety; or (b), it may no longer comply with the motor vehicle emission standards established by the commissioner of the department of environmental protection under section 142M of chapter one hundred and eleven, then the appraiser shall remove the certificate of inspection from the vehicle and no new certificate of inspection shall be issued for such vehicle unless, upon reinspection of the vehicle pursuant to section seven V of said chapter ninety by an approved inspection station, such vehicle meets said safety standards and is otherwise in compliance with motor vehicle emission standards. The registrar of motor vehicles shall establish rules and regulations for the enforcement of this paragraph.

update>> http://www.state.ma.us/legis/laws/mgl/26-8G.htm 

Diminished Value

We have not found a law yet.

Warranty

(13) Insurer's Guarantee: If a claimant's vehicle is repaired at one of the insurer's participating repair shops, then the insurer shall guarantee the duration and nature of the guarantee shall be the same as the manufacturer's warranty of any other warranty or guaranty covering the vehicle prior to the date of the accident or claim. No insurer may petition the Commissioner for a waiver of 211 CMR 56.05(13). This guarantee by the insurer shall be in addition to all other guarantees which may be made by the manufacturer and the repair shop. The agreement between the insurer and the repair shop may provide for indemnification of the insurer by the repair shop for any costs associated with such guarantee under such terms and conditions as the parties to the agreement shall specify.

update>> http://www.state.ma.us/doi/legal_hearings/211_56.pdf 

State Departments of Insurance

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