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Bill

H 1102

An Act protecting the use of bank names, trade names and trademarks in electronic communications

194th Legislature (2025-2026) Introduced by Dan Cahill

Massachusetts bill criminalizes unauthorized use of bank names and trademarks in digital communications to combat phishing and fraud.

Read second and ordered to a third reading
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WeVote Research Nonpartisan
Bill Summary · H 1102

Legislative bill overview

H.1102 establishes legal protections preventing unauthorized use of bank names, trade names, and trademarks in electronic communications within Massachusetts. The bill aims to combat fraudulent emails, texts, and digital messages that impersonate financial institutions to deceive consumers into revealing sensitive information or transferring funds.

Why is this important

Phishing and spoofing attacks using bank identities cost consumers millions annually and undermine trust in legitimate financial communications. This legislation creates enforceable standards and potential remedies for victims when criminals exploit bank trademarks in digital fraud schemes, addressing a gap in existing state consumer protection law.

Potential points of contention

  • Scope and enforcement mechanism: The bill's specific penalties, enforcement authority (state attorney general, banks themselves, private parties), and remedies remain unclear from the legislative summary and could affect its practical effectiveness.
  • Balance between security and legitimate use: Defining what constitutes prohibited "use" in electronic communications could inadvertently restrict legitimate bank communications, security alerts, or third-party services with authorization.
  • Preemption concerns: Federal trademark law and the CAN-SPAM Act already address some aspects of this issue; questions may arise about whether state-level protection creates duplicative requirements or conflicts with existing frameworks.

Compiled from official sources — confirm details with the bill’s official record.

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