Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately regulate business practices for consumer's protection, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. The first paragraph of section 11 of chapter 93A of the General Laws is hereby amended by striking out the words "; provided, however, that both persons shall have a place of business within the commonwealth at the time of said loss", inserted by section 1 of chapter 278 of the acts of 1985.
SECTION 2. The second paragraph of said section 11 of said chapter 93A is hereby amended by striking out the words "; provided, however, that such injunction shall not be obtained unless both parties have a place of business in the commonwealth at the time the unfair method of competition, act or practice is employed", inserted by section 2 of said chapter 278, and inserting in place thereof the word:- property.
SECTION 3. The seventh paragraph of said section 11 of said chapter 93A, as appearing in the 1984 Official Edition, is hereby amended by striking out the first sentence.
SECTION 4. Said section 11 of said chapter 93A is hereby further amended by striking out the last paragraph, added by section 3 of chapter 278 of the acts of 1985, and inserting in place thereof the following paragraph:-
No action shall be brought or maintained under this section unless the actions and transactions constituting the alleged unfair method of competition or the unfair or deceptive act or practice occurred primarily and substantially within the commonwealth. For the purposes of this paragraph, the burden of proof shall be upon the person claiming that such transactions and actions did not occur primarily and substantially within the commonwealth.
SECTION 5. This act shall apply to all actions brought or maintained on or after December seventeenth, nineteen hundred and eighty-five.