Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1102 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1995 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1102
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Daniel Cahill
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act protecting the use of bank names, trade names and trademarks in electronic
13	13	communications.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Daniel Cahill10th Essex1/15/2025 1 of 3
17	17	HOUSE DOCKET, NO. 1995 FILED ON: 1/15/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 1102
19	19	By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 1102) of Daniel
20	20	Cahill relative to the use of bank names, trade names and trademarks in electronic
21	21	communications. Financial Services.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act protecting the use of bank names, trade names and trademarks in electronic
28	28	communications.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 37 of Chapter 167 of the General Laws, as appearing in the 2022
32	32	2Official Edition, is hereby amended by striking out the second, third, fourth and fifth paragraphs
33	33	3and inserting in place thereof the following 4 paragraphs:-
34	34	4 Notwithstanding any general or special law to the contrary, a person, domestic or foreign
35	35	5corporation, partnership, association, limited liability company, business trust, joint venture,
36	36	6societies, or similar entity shall not use the name, trade name or trademark of any bank, federal
37	37	7bank, federal branch, foreign bank, out-of-state bank or out-of-state branch or out-of-state federal
38	38	8bank, as defined in section 1, or any federal credit union or foreign credit union as defined in
39	39	9section 1 of chapter 171, or any subsidiary thereof, in any advertisement or solicitation for
40	40	10products or services, without the express written consent of the financial institution. 2 of 3
41	41	11 For the purposes of this section, the word “advertisement” or “solicitation” shall mean a
42	42	12communication including but not limited to a writing, email, text message, direct mail, oral
43	43	13solicitation, internet website, letter, brochures, pamphlets, displays, sales literature and any other
44	44	14form of electronic communication to a specifically identified consumer or which contains
45	45	15specific information on the account or loan of a specifically identified consumer. The word
46	46	16“electronic” shall mean relating to technology having electrical, digital, magnetic, wireless,
47	47	17optical, electromagnetic or similar capabilities.
48	48	18 A person, domestic or foreign corporation, partnership, association, limited liability
49	49	19company, business trust, joint venture, societies, or similar entity shall not make reference to an
50	50	20existing bank, federal bank, federal branch, foreign bank, out-of-state bank, out-of-state branch,
51	51	21out-of-state federal bank as defined in section 1 of this chapter, or federal credit union or foreign
52	52	22credit union as defined in section 1 of chapter 171, or any subsidiary thereof, without the express
53	53	23written consent of the bank, federal bank, federal branch, foreign bank, out-of-state bank, out-of-
54	54	24state branch, out-of-state federal bank or federal credit union or foreign credit union as defined in
55	55	25section 1 of chapter 171, or any subsidiary thereof, or make reference to a loan number, loan
56	56	26amount or other specific loan information on the outside of an envelope, visible through the
57	57	27envelope window, or on a postcard in connection with any advertisement or solicitation for
58	58	28products or services to a specifically identified consumer.
59	59	29 A person, domestic or foreign corporation, partnership, association, limited liability
60	60	30company, business trust, joint venture, societies, or similar entity shall not include a loan
61	61	31number, loan amount or other specific loan information relative to a specifically identified
62	62	32consumer that is publicly available in an advertisement or solicitation for the purchase of
63	63	33products or services unless the solicitation clearly and conspicuously states in bold-face type on 3 of 3
64	64	34the front page of the correspondence that the person, domestic or foreign corporation,
65	65	35partnership, association, limited liability company business trust, joint venture, societies or
66	66	36similar entity is not sponsored by or affiliated with and that the advertisement or solicitation is
67	67	37not authorized by the bank, federal bank, federal branch, foreign bank, out-of-state bank, out-of-
68	68	38state branch, out-of-state federal bank as defined in section 1, or federal credit union or foreign
69	69	39credit union as defined in section 1 of chapter 171, or any subsidiary thereof. The statement shall
70	70	40include the name, address and the telephone number of the person making the advertisement or
71	71	41solicitation and that any loan information referenced was not provided by the bank, federal bank,
72	72	42federal branch, foreign bank, out-of-state bank, out-of-state branch, out-of-state federal bank or
73	73	43federal credit union or foreign credit union, or any subsidiary thereof. The statements required in
74	74	44this paragraph shall also be given at the time of any oral solicitation to a specifically identified
75	75	45consumer.
76	76	46 A person, domestic or foreign corporation, partnership, association, limited liability
77	77	47company, association, business trust, joint venture, societies or similar entity, which is
78	78	48considered to have violated this section, shall be considered to have engaged in an unfair and
79	79	49deceptive practice and shall be a violation of chapter 93A.