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Bill

HD 3757

An Act to improve contract provisions waiving certain rights

194th Legislature (2025-2026) Introduced by Michelle DuBois

Bill restricts enforcement of contractual waivers that prevent individuals from suing or joining class actions, particularly in unequal-bargaining consumer and employment contracts.

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Bill Summary · HD 3757

Legislative bill overview

HD 3757 would restrict the enforceability of contractual waiver provisions that require individuals to surrender certain legal rights as a condition of receiving services or goods. The bill aims to invalidate clauses that prevent people from pursuing claims, joining class actions, or accessing courts, particularly in contracts of adhesion (take-it-or-leave-it agreements) where bargaining power is unequal.

Why is this important

Many consumers unknowingly sign away fundamental legal protections when accepting terms of service for employment, housing, healthcare, or consumer products. This legislation would restore access to courts and collective legal remedies for ordinary people, potentially increasing corporate accountability and reducing disputes resolved only through mandatory arbitration that favors larger entities.

Potential points of contention

  • Business compliance costs: Companies argue that broad waivers restrictions increase litigation expenses, potentially raising costs passed to consumers and making dispute resolution slower and costlier
  • Arbitration vs. litigation trade-off: Businesses contend that arbitration clauses actually benefit consumers through faster, cheaper resolution; restricting them forces expensive court proceedings
  • Scope ambiguity: Questions remain about which contracts qualify as problematic "adhesion" agreements and whether the bill's language adequately distinguishes legitimate business agreements from exploitative ones
  • Interstate commerce impact: Massachusetts restrictions may conflict with federal arbitration law, creating legal uncertainty for businesses operating multi-state operations

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

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