940 CMR, § 3.12

Current through Register 1533, October 25, 2024
Section 3.12 - Lay Away Plans

It is unfair and deceptive acts or practice:

(1) To fail to disclose or to misrepresent in any way the store's policy with reference to a "lay away" plan;
(2) To represent to a buyer who is purchasing on a "lay away" plan that the specific goods chosen by the buyer or an exact duplicate of such goods are being laid away for that buyer when such is not a fact;
(3) To fail to disclose to the buyer that the specified goods or their exact duplicate will only be set aside for a certain period of time;
(4) To deliver to the buyer after payments (pursuant to the lay away plan) are completed, goods which are not identical or exact substitutes to those specified, unless prior approval in writing has been received from the buyer;
(5) To increase the price of the goods specified either by way of increasing the payments or substituting goods which are of a lower quantity of price;
(6) To fail to deliver to the buyer, on any date payment is made, a receipt showing the amount of that payment and the date thereof, and, upon request, the balance of payments made up to that date;
(7) To fail to disclose or misrepresent in any way the store's policy with reference to cancellations and repayment or non repayment of payments already made, and in case payments are not refunded, to fail to disclose that fact in writing.

940 CMR, § 3.12