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The Holiday Season is upon us. Over the next few weeks as the holiday music plays and decorations are put up, consumers will be flocking to malls and websites hoping to purchase the perfect gift for their family member or friend. In fact, the National Retail Federation expects 137 million Americans to shop online or in stores from Black Friday to Cyber Monday.

Black Friday provides consumers with an opportunity to get a head start on their holiday shopping while enjoying some of the best prices of the year.  However, in the rush to get the latest toy or electronic device, consumers may forget the protections provided to them under Massachusetts Law. To be sure consumers shop smart and stay safe, we have put together a Black Friday Shopper’s Guide:

Terms to know:black friday

  • Sale: For the term “sale” to be used in an ad when the actual savings are not stated, the law requires the savings to be at least 10% for items regularly priced $200 or less, and at least 5% for items over $200.
  • Rain Check: A store that has run out of an advertised special must allow you to buy the product at the advertised price when it is in stock again, unless specified in the ad that quantities may be limited or unless the demand was more than could reasonably have been anticipated. The store can also offer a comparable substitute for the out of stock item.
  • Layaway: A store must disclose its policy on layaway plans, including cancellation and return (or non-return) of payments already made. Merchants cannot change the price of merchandise by increasing payments or by substituting lower priced merchandise.
  • Warranty: In Massachusetts, all goods are covered by an implied warranty of merchantability, meaning the item must reasonably conform to an ordinary buyer’s expectation for a reasonable amount of time. A toaster that does not toast would not conform to this warranty and would be eligible for a repair, refund, or replacement.

This post is part of our “Holiday Shopping” series, bringing you timely information as you shop this holiday season.  For more information on your shopping rights, click here.

If you have additional questions, contact the Office of Consumer Affairs and Business Regulation by calling our Consumer Hotline at (617) 973-8787, or toll-free in MA at (888) 283-3757, Monday through Friday from 9 am-4:30 pm. Follow the Office on Facebook and Twitter, @Mass_Consumer. The Baker-Polito Administration’s  Office of Consumer Affairs and Business Regulation along with its five agencies work together to achieve two goals: to protect and empower consumers through advocacy and education, and to ensure a fair playing field for all Massachusetts businesses. The Office also oversees the state’s Lemon Laws, data breach reporting, Home Improvement Contractor Program and the state’s Do Not Call Registry.

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