What must the final checkout price show under the Massachusetts junk fee rule?
Quick answer
Before the sale, the last price a Massachusetts consumer sees must clearly show the final transaction amount, including the total price of everything bought plus any shipping and government charges, as the most prominent number. It must also explain the nature, purpose and amount of each fee and say which fees are optional or waivable and how to avoid them (940 CMR 38.04(3),(6)).
What does the law say? Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Who is covered | Advertising, marketing or offers targeted to, or resulting in a sale in, Massachusetts, for products bought for personal, family or household use (38.02, 38.03) | 940 CMR 38.00 (Mass. AG) |
| Final amount | In the final presentation of the price before the sale: the final transaction amount, inclusive of the Total Price for all products in the transaction and any shipping and government charges (38.04(3)(a)) | 940 CMR 38.00 (Mass. AG) |
| Each fee explained | The nature, purpose and amount of any fees, charges or other expenses imposed on the transaction (38.04(3)(b)) | 940 CMR 38.00 (Mass. AG) |
| Optional fees | For optional or waivable fees: that they are optional or waivable, with readily available instructions on how to avoid them (38.04(3)(c)) | 940 CMR 38.00 (Mass. AG) |
| Most prominent number | At the final presentation, the most prominent pricing information must be the final transaction amount (38.04(6)) | 940 CMR 38.00 (Mass. AG) |
| Total Price | The maximum price the consumer must pay, including all fees and any mandatory add-on in the same transaction; may leave out government charges and shipping charges (38.03) | 940 CMR 38.00 (Mass. AG) |
| Clearly and conspicuously | Readily noticeable and understandable; online it must be unavoidable, and must not be contradicted by anything else in the communication (38.03) | 940 CMR 38.00 (Mass. AG) |
| Start date | Applies to acts committed or practices in force as of September 2, 2025 (38.09) | 940 CMR 38.00 (Mass. AG) |
| Penalty | No separate dollar fine in the rule itself. A violation is an unfair or deceptive practice under M.G.L. c. 93A, s. 2; in an Attorney General case the court may order a civil penalty of up to $5,000 for each violation if the business knew or should have known (c. 93A, s. 4) | M.G.L. c. 93A, s. 4 |
| Last verified | November 2, 2026 | Astor Ventures |
Can taxes and shipping appear only at checkout?
Yes. The Total Price shown earlier may exclude government charges and shipping charges (38.03), but the final presentation before the sale must include them in the final transaction amount (38.04(3)(a)).
Is it enough to show the fees for the first time at checkout?
No. Every mandatory fee (except shipping and government charges) must already be in the Total Price from the first time a price is shown (38.04(1)), with its nature, purpose and amount disclosed when the Total Price is first presented (38.04(2)(a)). Checkout repeats the breakdown; it cannot be the first time a fee appears.
Can the subtotal be bigger than the total on the payment page?
No. At the final presentation the final transaction amount must be the most prominent pricing information (38.04(6)), so a large subtotal with a small grand total is a risk.
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What else do people ask?
Do I have to name what each fee is for?
Yes. The final presentation must show the nature, purpose and amount of each fee (38.04(3)(b)).
What about an optional tip or donation?
If it is optional or waivable, say so at checkout and give readily available instructions on how to avoid it (38.04(3)(c)).
Does it cover business-to-business checkouts?
No. The rule protects consumers buying for personal, family or household use (38.01, 38.03).
What is the fine?
The rule has no fine of its own; the Attorney General can seek up to $5,000 per violation under M.G.L. c. 93A, s. 4.
Is this legal advice?
No. General information only.
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