Can a Massachusetts business ask for an email or card details before showing the total price?
Quick answer
Not as a requirement. Under 940 CMR 38.04(4), it is an unfair and deceptive practice to make a Massachusetts consumer give personal information, including billing information, before the total price is clearly and conspicuously disclosed. Narrow exceptions cover information needed only for underwriting, checking availability, checking the sale is legal, or regulator-approved insurance or financial pricing.
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) |
| The rule | Failing to disclose the Total Price clearly and conspicuously before requiring a consumer to provide any personal information, including billing information, is unfair and deceptive (38.04(4)) | 940 CMR 38.00 (Mass. AG) |
| Exceptions | Information collected specifically, and only to the extent necessary, to facilitate underwriting, determine the product's availability, determine whether the sale is legal, or compute pricing previously approved by a Commonwealth insurance or financial regulatory agency (38.04(4)) | 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) |
| First price shown | The Total Price must be disclosed at the initial presentation of the price and every presentation after that (38.04(1)) | 940 CMR 38.00 (Mass. AG) |
| No "required by law" labels | Misrepresenting that a fee or any part of it is required by law is also unfair and deceptive (38.04(5)) | 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 I require account sign-up before showing prices?
Requiring an email, phone number or other personal information before the Total Price is shown runs into 38.04(4), unless the information falls under one of the listed exceptions. Showing the Total Price first and then asking for details is the safe order.
Can I ask for a ZIP code to check delivery?
The rule allows information collected specifically, and only to the extent necessary, to determine the product's availability (38.04(4)). Asking for more than that before the Total Price is shown is outside the exception.
Does a quote form count?
If the consumer must hand over personal information to see the price, 38.04(4) applies unless an exception fits, such as underwriting or regulator-approved insurance or financial pricing.
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What else do people ask?
Is optional sign-up allowed?
The rule targets requiring personal information before the Total Price is disclosed (38.04(4)). An optional sign-up the consumer can skip is a different case; keep the Total Price visible without it.
Can a fee be called a government fee if it is not?
No. Misrepresenting that a fee is required by law is unfair and deceptive (38.04(5)), and Government Charges only covers charges imposed by a government on the transaction, not costs a seller chooses to pass on (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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