{"AmendmentNumber":"498","ParentBillNumber":"H5500","Bill":null,"Sponsor":{"Id":"DMD1","Name":"Daniel M. Donahue","Type":1,"Details":"https://malegislature.gov/api/GeneralCourts/194/LegislativeMembers/DMD1","ResponseDate":"2026-04-15T14:41:48.483"},"Category":"Labor and Economic Development","Action":"Consolidated","RollCall":[],"Title":"Motor Vehicle Service Contracts ","Branch":"House","RedraftNumber":null,"IsFurther":false,"GeneralCourtNumber":194,"Text":"Mr. Donahue of Worcester moves to amend the bill by adding the following 4 new sections:-\r\n\r\nSECTION X. Section 149M of chapter 175 of the General Laws, as appearing in the 2014\r\nOfficial Edition, is hereby amended by inserting after the definition of “consumer” the following\r\n5 definitions:-\r\n“Consumer product”, any tangible personal property that is distributed in commerce and is\r\nnormally used for personal, family or household purposes, including tangible personal property\r\nintended to be attached to or installed in any real property without regard to whether it is so\r\nattached or installed.\r\n“Maintenance agreement”, a contract for regular maintenance.\r\n“Motor vehicle manufacturer”, a person who: (i) manufactures, distributes or produces motor\r\nvehicles under the person’s own name or label;\r\n(ii) is a subsidiary of the person who manufactures, distributes or produces motor vehicles; (iii) is\r\na corporation which owns 100 per cent of the corporation, association, partnership or other legal\r\nentity who manufactures, distributes or produces motor vehicles; or (iv) does not manufacture,\r\ndistribute or produce motor vehicles but, pursuant to a written  contract, licenses the use of its\r\ntrade name or label to another person who manufactures, distributes or produces motor vehicles.\r\n\r\nSECTION X. Said section 149M of said chapter 175, as so appearing, is hereby further 18\r\namended by striking out the definition of “service contract” and inserting in place thereof the 19\r\nfollowing definition:-\r\n“Service contract”, a contract for a separately stated consideration and for a specific duration to\r\nperform the service, repair, replacement or maintenance of a consumer product, including a\r\nmotor vehicle, or indemnification for service, repair, replacement or maintenance for the\r\noperational or structural failure due to a defect in materials or workmanship or normal wear and\r\ntear, with or without additional provision for incidental payment or indemnity under limited\r\ncircumstances, for related expenses, including, but not limited to, rental and food spoilage;\r\nprovided, however, that a service contract shall also include a contract or agreement sold for a\r\nseparately stated consideration for a specific duration that provides for any of the following: (i)\r\nthe repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming\r\ninto contact with road hazards including, but not limited to, potholes, rocks, wood debris, metal\r\nparts, glass, plastic, curbs or composite scraps; (ii) the removal of dents, dings or creases on a\r\nmotor vehicle that can be repaired using the process of paintless dent removal without affecting\r\nthe existing paint finish and without replacing vehicle body panels, sanding, bonding or painting;\r\nor (iii) the repair of small motor vehicle windshield chips or cracks which may include the\r\nreplacement of the windshield for chips or cracks that cannot be repaired; or (iv) the replacement\r\nof a motor vehicle or key-fob in the event that the key or key-fob becomes inoperable or is lost\r\nor stolen.\r\n\r\nSECTION X. Section 149N of said chapter 175, as so appearing, is hereby amended by striking\r\nout, in line 100, the words “tangible personal property” and inserting in place thereof the\r\nfollowing words:- consumer products.\r\n\r\nSECTION X. Said chapter 175 is hereby amended by striking out section 149V, as so appearing,\r\nand inserting in place thereof the following section:\r\nSection 149V. (a) The following shall be exempt from sections 149M to 149W, inclusive: (i)\r\nwarranties, service contracts or maintenance agreements provided by public utilities that are\r\nregulated by the department of telecommunications and cable or the Federal Communications\r\nCommission, or by an affiliate of such entity, covering customer wiring, transmission devices\r\nserviced by such public utility or warranting services provided by such public utility or its\r\naffiliate; (ii) mechanical breakdown insurance policies offered by insurers otherwise licensed and\r\nregulated pursuant to the laws and regulations of the commonwealth; (iii) warranties, service\r\ncontracts or other agreements regarding automobiles under which a licensed motor vehicle dealer\r\nor an affiliate of a licensed motor vehicle dealer is obligated to perform; (iv) warranties offered\r\nby builders as part of a conveyance of real estate; (v) warranties on a product made by the\r\nmanufacturer, importer or seller of the product; and (vi) maintenance agreements.\r\n(b) Motor vehicle manufacturers and service contracts on the motor vehicle manufacturer’s\r\nproducts need only comply with sections 149N(f), 149P, 149Q, 149R and 149U, as applicable, of\r\nthis Act, and motor vehicle manufacturers offering service contracts on the motor vehicle\r\nmanufacturer’s products are exempt from licensure under section 149N(c) and the requirements\r\nof section 149N(d).\r\n"}