HOUSE DOCKET, NO. 2969         FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1881

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kate Hogan

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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 passage of the accompanying:

An Act relating to the listing of a business location of certain businesses in a telephone directory or database.

_______________

PETITION OF:

HOUSE DOCKET, NO. 2969        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1881

The Commonwealth of Massachusetts
 

An Act relating to the listing of a business location of certain businesses in a telephone directory or database.
 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              SECTION 1. Chapter 93A of the General Laws is hereby amended by adding the following section:

              SECTION 12. (a)  A person may not misrepresent the geographical location of a business that derives 50 per cent or more of its gross income from the sale or arranging for the sale of flowers or floral arrangements in the listing of the business in a telephone directory or other directory assistance database.

              (b)  A person is considered to misrepresent the geographical location of a business for purposes of subsection (a) if the name of the business indicates that the business is located in a geographical area and:

              (1)  the business is not located within the geographical area indicated;

              (2)  the listing fails to identify the municipality and state of the business's geographical location; and

              (3)  a telephone call to the local telephone number listed in the directory or database routinely is forwarded or transferred to a location that is outside the calling area covered by the directory or database in which the number is listed.

              (c)  A person may place a directory listing for a business described by subsection (a) the name of which indicates that it is located in a geographical area that is different from the geographical area in which the business is located if a conspicuous notice in the listing states the municipality and state in which the business is located.

              (d)  This section does not apply to a publisher of a telephone directory or other publication or a provider of a directory assistance service publishing or providing information about another business.

              (e)  A violation of this section is a false, misleading, or deceptive act or practice under this chapter, and any public or private right or remedy prescribed by this chapter may be used to enforce this section.