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SD 1595

An Act relative to defense against abusive waivers

194th Legislature (2025-2026) Introduced by Cindy Friedman

Bill restricts enforcement of abusive contractual waivers that strip consumers and workers of legal rights, restoring court access for disputes.

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Bill Summary · SD 1595

Legislative bill overview

SD 1595 aims to protect consumers and workers by limiting the enforceability of "abusive waivers"—contractual clauses that force individuals to surrender legal rights before disputes arise. The bill establishes criteria for identifying which waivers are unconscionable or against public policy and therefore unenforceable in Massachusetts courts.

Why is this important

Abusive waivers can prevent people from pursuing legitimate claims for injuries, wage theft, discrimination, or other harms by requiring them to sign away rights as a condition of employment, service, or product purchase. This bill would restore access to courts for vulnerable parties who otherwise might be blocked from seeking justice or compensation through mandatory arbitration and liability waivers.

Potential points of contention

  • Business impact: Companies argue that waivers and arbitration clauses reduce litigation costs and allow them to operate more efficiently; limiting these tools could increase business expenses and legal uncertainty
  • Scope ambiguity: Defining what constitutes an "abusive" waiver requires judicial interpretation, which could create inconsistency or unintended consequences for legitimate contract provisions
  • Federalism concerns: Some waivers (particularly arbitration agreements) are governed by federal law; state-level restrictions may conflict with federal preemption standards, creating legal complications

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

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