Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 35.00 - Unfair and Deceptive Debt Collection Practices During the State of Emergency Caused by COVID-19
- Section 35.01 - Purpose and Scope
- Section 35.02 - Definitions
- Section 35.03 - Prohibitions on Debt Collection Activity with Regard to All Creditors, Including Debt Collectors
- Section 35.04 - Prohibition on Debt Collection Telephone Calls with Regard to Debt Collectors Only
- Section 35.05 - Relation to Other Law and Regulations
Compliance with M.G.L. c. 30A - Emergency Adoption
Infections caused by a new coronavirus-Coronavirus Disease 2019 (COVID-19)-have caused substantial economic and medical hardship for the residents of the Commonwealth. To prevent further spread of the disease, Massachusetts residents have largely been required to stay at home, and many have lost employment or income as a direct or indirect result. Those who have contracted the disease caused by COVID-19 can suffer a severe and prolonged illness and must be quarantined for a substantial period of time. The prevalence of the virus has placed an enormous strain on the Commonwealth's medical professionals and medical facilities. Accordingly, the Governor of Massachusetts declared a State of Emergency on March 10, 2020, by means of Executive Order No. 591: Declaration of State of Emergency to Respond to COVID-19.
Under the present circumstances, certain practices by creditors and debt collectors are unfair and deceptive and violate the Massachusetts Consumer Protection Act, M.G.L. c. 93A. Pursuant to the Attorney General's authority to issue regulations interpreting c. 93A, the Attorney General's Office (AGO) adopts and issues the following regulations, 940 CMR 35:00, Unfair and Deceptive Debt Collection Practices During the State of Emergency Caused by COVID-19. Because the economic and medical crisis faced by Massachusetts residents is acute and continues to escalate, the AGO issues these regulations on an emergency basis. The AGO finds that the immediate amendment of 940 CMR 35:00 is necessary for the preservation of the public health, safety and general welfare, and that observance of the requirements of notice and a public hearing set forth in M.G.L. c. 30A, sec. 2, would be contrary to the public interest.
REGULATORY AUTHORITY
940 CMR 35.00: M.G.L. c. 30A, §§ 2 and 3; M.G.L. c. 93A, § 2.
