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Bill > H1593


MA H1593

MA H1593
Prohibiting non-disparagement clauses in certain contracts


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

Relative to contracts or proposed contracts for the sale or lease of consumer goods or services. The Judiciary.

AI Summary

This bill, concerning contracts for consumer goods or services, prohibits "non-disparagement clauses," which are provisions in contracts that prevent consumers from making negative statements about a seller, lessor, their employees, or the goods or services themselves. It makes it illegal to include such clauses, threaten to enforce them, or penalize consumers for making protected statements, deeming any attempt to waive these rights void and unenforceable as it goes against public policy. Violators face civil penalties, with a first offense costing up to $2,500 and subsequent offenses up to $5,000, and even higher penalties of up to $10,000 for willful, intentional, or reckless violations, with these penalties recoverable by the consumer or the government. This bill clarifies that these penalties are in addition to other legal remedies and does not prevent platforms hosting online reviews from removing content that is otherwise lawful to remove.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4624 (on 09/22/2016)

bill text


bill summary

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bill summary

Document Type Source Location Created
State Bill Page https://malegislature.gov/Bills/189/House/H1593 11/24/2016
State Bill Page https://malegislature.gov/Bills/189/H1593 03/11/2015
Bill https://malegislature.gov/Bills/189/H1593.pdf 03/11/2015
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