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SENATE DOCKET, NO. 2152 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 192
The Commonwealth of Massachusetts
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PRESENTED BY:
Mark C. Montigny
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to protect consumers from hidden car subscription service fees.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and PlymouthSusannah M. Whipps2nd Franklin2/2/2023Michael O. MooreSecond Worcester2/15/2023James B. EldridgeMiddlesex and Worcester2/17/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/23/2023 1 of 2
SENATE DOCKET, NO. 2152 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 192
By Mr. Montigny, a petition (accompanied by bill, Senate, No. 192) of Mark C. Montigny,
Susannah M. Whipps, Michael O. Moore, James B. Eldridge and others for legislation to protect
consumers from hidden car subscription service fees. Consumer Protection and Professional
Licensure.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to protect consumers from hidden car subscription service fees.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 90 of the General Laws, as appearing in the 2022 Official Edition,
2is hereby amended by inserting at the end thereof the following new section:-
3 “Section 64. (1) For the purposes of this section, the following words shall have the
4following meanings:-
5 “Consumer”, a buyer or lessee of a motor vehicle who resides in the commonwealth.
6 “Dealer ”, any person or entity engaged in the business of selling, offering for sale,
7leasing, or offering to lease a motor vehicle to a consumer.
8 “Motor vehicle” or “vehicle”, any vehicle as defined by section 1 that is offered for sale
9or lease by a dealer to a consumer. 2 of 2
10 “Motor vehicle feature”, any convenience or safety function included on a motor vehicle,
11including but not limited to, heated seats or driver assistance technology, that is typically offered
12to a consumer as an upgrade at the time of purchase or lease of a motor vehicle.
13 “Subscription service”, means a service provided on a subscription basis in exchange for
14a recurring payment, including but not limited to, a weekly, monthly, or annual payment charged
15to and made by a consumer.
16 (2) No dealer of a motor vehicle shall offer or charge to a consumer a subscription service
17for any motor vehicle feature that:
18 (i) utilizes components and hardware already installed on the motor vehicle at the time of
19purchase or lease by the consumer; and
20 (ii) would function after activation without ongoing expense to the dealer, manufacturer,
21or any third-party service provider; provided, that routine software maintenance and upgrades
22shall not constitute an ongoing expense.
23 (3) A violation of this section shall be punishable by a fine of not more than $10,000 for a
24first offense and not more than $20,000 for a second or subsequent offense.
25 (4) The registrar shall promulgate regulations to implement this section.
26 SECTION 2. The registrar shall promulgate regulations within one year from the
27effective date of this act.