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HOUSE DOCKET, NO. 1995 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1102
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Daniel Cahill
_________________
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 protecting the use of bank names, trade names and trademarks in electronic
communications.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Daniel Cahill10th Essex1/15/2025 1 of 3
HOUSE DOCKET, NO. 1995 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 1102
By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 1102) of Daniel
Cahill relative to the use of bank names, trade names and trademarks in electronic
communications. Financial Services.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act protecting the use of bank names, trade names and trademarks in electronic
communications.
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. Section 37 of Chapter 167 of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by striking out the second, third, fourth and fifth paragraphs
3and inserting in place thereof the following 4 paragraphs:-
4 Notwithstanding any general or special law to the contrary, a person, domestic or foreign
5corporation, partnership, association, limited liability company, business trust, joint venture,
6societies, or similar entity shall not use the name, trade name or trademark of any bank, federal
7bank, federal branch, foreign bank, out-of-state bank or out-of-state branch or out-of-state federal
8bank, as defined in section 1, or any federal credit union or foreign credit union as defined in
9section 1 of chapter 171, or any subsidiary thereof, in any advertisement or solicitation for
10products or services, without the express written consent of the financial institution. 2 of 3
11 For the purposes of this section, the word “advertisement” or “solicitation” shall mean a
12communication including but not limited to a writing, email, text message, direct mail, oral
13solicitation, internet website, letter, brochures, pamphlets, displays, sales literature and any other
14form of electronic communication to a specifically identified consumer or which contains
15specific information on the account or loan of a specifically identified consumer. The word
16“electronic” shall mean relating to technology having electrical, digital, magnetic, wireless,
17optical, electromagnetic or similar capabilities.
18 A person, domestic or foreign corporation, partnership, association, limited liability
19company, business trust, joint venture, societies, or similar entity shall not make reference to an
20existing bank, federal bank, federal branch, foreign bank, out-of-state bank, out-of-state branch,
21out-of-state federal bank as defined in section 1 of this chapter, or federal credit union or foreign
22credit union as defined in section 1 of chapter 171, or any subsidiary thereof, without the express
23written consent of the bank, federal bank, federal branch, foreign bank, out-of-state bank, out-of-
24state branch, out-of-state federal bank or federal credit union or foreign credit union as defined in
25section 1 of chapter 171, or any subsidiary thereof, or make reference to a loan number, loan
26amount or other specific loan information on the outside of an envelope, visible through the
27envelope window, or on a postcard in connection with any advertisement or solicitation for
28products or services to a specifically identified consumer.
29 A person, domestic or foreign corporation, partnership, association, limited liability
30company, business trust, joint venture, societies, or similar entity shall not include a loan
31number, loan amount or other specific loan information relative to a specifically identified
32consumer that is publicly available in an advertisement or solicitation for the purchase of
33products or services unless the solicitation clearly and conspicuously states in bold-face type on 3 of 3
34the front page of the correspondence that the person, domestic or foreign corporation,
35partnership, association, limited liability company business trust, joint venture, societies or
36similar entity is not sponsored by or affiliated with and that the advertisement or solicitation is
37not authorized by the bank, federal bank, federal branch, foreign bank, out-of-state bank, out-of-
38state branch, out-of-state federal bank as defined in section 1, or federal credit union or foreign
39credit union as defined in section 1 of chapter 171, or any subsidiary thereof. The statement shall
40include the name, address and the telephone number of the person making the advertisement or
41solicitation and that any loan information referenced was not provided by the bank, federal bank,
42federal branch, foreign bank, out-of-state bank, out-of-state branch, out-of-state federal bank or
43federal credit union or foreign credit union, or any subsidiary thereof. The statements required in
44this paragraph shall also be given at the time of any oral solicitation to a specifically identified
45consumer.
46 A person, domestic or foreign corporation, partnership, association, limited liability
47company, association, business trust, joint venture, societies or similar entity, which is
48considered to have violated this section, shall be considered to have engaged in an unfair and
49deceptive practice and shall be a violation of chapter 93A.