Massachusetts Draft Regulations Signal Nationwide Scrutiny of Junk Fees

In an article for Law360, AGG Litigation & Dispute Resolution partner and former chief of the Rhode Island Attorney General’s Consumer & Economic Justice Unit, Steve Provazza, examines Massachusetts’ expanding price transparency regulations and what businesses should be doing now to prepare.

Steve explained that Massachusetts Attorney General Andrea Campbell’s April 6 draft regulations targeting assisted living facilities reflect a broader enforcement effort following the office’s September 2025 adoption of wide-ranging junk fee regulations applicable across industries.

He noted that price transparency enforcement is increasing at both the state and federal levels, pointing to the Federal Trade Commission’s finalized junk fee rule, a 13-state lawsuit against OneMain Financial, and even a class action filed against the Boston Red Sox.

On the compliance front, Steve offered a straightforward way for businesses to self-assess their exposure. “The most effective way to ensure compliance is for companies and practitioners to put themselves in the consumer’s shoes: Does the maximum price of a product or service change during the course of the customer’s interaction?” Steve questioned. “If those changes are triggered by anything other than sales tax, government charges or variable shipping rates, it is time to carefully consider whether they are out of compliance.”

For in-house counsel and practitioners, Steve emphasized the importance of proactively reviewing pricing practices and consumer disclosures. “The cost of inaction – measured in per-violation penalties, treble damages exposure and reputational harm – is rising.”

To read the full article, please click here (subscription required).