> Will this have reach and teeth though?

It'll have reach because MA has a long-arm statute and there's a rich history of applying that statute in the context of Chapter 93.

It'll have teeth but probably not to the effect that you hope.

This statute was written such that only the Attorney General can bring action; see Section 10(b). This diverges from a long history in the Commonwealth of allowing private individuals to bring civil suits for most types of Chapter 93 violations.

As a result, I anticipate that the most impactful change will be in the quantity and frequency of political donations to Mass AG candidates (and in the case of contested primaries their aligned block of candidates up and down ticket).

Consumer protection laws should always provide for a private cause of action. Otherwise they just function as a mechanism for legalized corruption.

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mindslight 4 hours ago | parent [-]

I don't disagree with the thrust of your criticism of the dynamic (especially long term). But there is a legitimate concern that the first test cases to hit the courts need to be quite unsympathetic egregious violators rather than surveillance dynamics that have been thoroughly normalized for decades. If people start bringing private suits against neighbors that have deployed Amazon surveillance cameras, "credit bureaus", private investigators, big tech surveillance companies directly (eg Google, and especially with weak legal arguments), it is likely to set some poor precedents and create political pushback.

	▲	fultonn 4 hours ago \| parent \| next [-]
		Section 2 already limits applicability to persons collecting or processing data on not less than 60,000 consumers, so suits brought against neighbors would be (rightfully) dismissed. The concern about poor precedent stemming from poor cases has some rational sense, but we have the benefit of experience. Empirically it just hasn't tended to play out like that in the case of consumer protection statutes in MA. One reason this doesn't happen in practice might be the limited bandwidth of the appellate process. The SJC could (and likely would) prioritize answering questions about the statute in the context of cases brought by the AG. The longevity pro-consumer laws in MA provides some good empirical data that cuts against the concern about push-back.
	▲	kmeisthax 4 hours ago \| parent \| prev [-]
		Couldn't this be mitigated by, say, having the private right of action not start until a few years into the applicability of the law?