What is the fine under 940 CMR 38 / Massachusetts junk fees?
Quick answer
Up to $5,000 per violation. Massachusetts' unfair and deceptive fees rules (940 CMR 38.00) are enforced under the Consumer Protection Act. In an Attorney General action, if a person knew or should have known the practice violated G.L. c. 93A section 2, the court may require a civil penalty of not more than $5,000 for each violation, plus investigation and litigation costs (M.G.L. c. 93A, section 4). Businesses must comply from September 2, 2025.
Key facts and official sources
| Item | What the law says | Source |
|---|---|---|
| Rule | 940 CMR 38.00, Unfair and deceptive fees (Attorney General) | Official source |
| Enforceable | September 2, 2025 | Official source |
| Pricing duty | Show total price including mandatory fees, more prominently than other price information | Official source |
| Subscriptions | Clear renewal terms; cancel as easily as enrolling; advance written renewal notices | Official source |
| Civil penalty | Up to $5,000 per violation (M.G.L. c. 93A, section 4) | Official source |
| Also recoverable | Reasonable costs of investigation and litigation, including attorney fees (93A section 4) | Official source |
| Last verified | October 18, 2026 | Astor Ventures |
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FAQ
Is 940 CMR 38 itself a fine schedule?
No. The regulation defines unfair practices. The dollar penalty comes from M.G.L. c. 93A, section 4 in AG enforcement.
Do private customers get the $5,000?
The $5,000 civil penalty is payable to the Commonwealth in AG actions. Private 93A suits use different remedies (actual damages, possible multiple damages and fees).
What must be in the total price?
Every mandatory fee, charge or expense needed to complete the purchase, shown clearly whenever a price is presented (940 CMR 38.04).
Is this legal advice?
No. General information only.
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