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 35.03 - Prohibitions on Debt Collection Activity with Regard to All Creditors, Including Debt Collectors

Universal Citation: 940 MA Code of Regs 940.35

Current through Register 1518, March 29, 2024

(1) For the 90 days following March 26, 2020 or until the State of Emergency Period expires, whichever occurs first, it is an unfair or deceptive act or practice for any creditor, including a debt collector, to:

(a) initiate, file, or threaten to file any new collection lawsuit;

(b) initiate, threaten to initiate, or act upon any legal or equitable remedy for the garnishment, seizure, attachment, or withholding of wages, earnings, property or funds for the payment of a debt to a creditor;

(c) initiate, threaten to initiate, or act upon any legal or equitable remedy for the repossession of any vehicle;

(d) apply for, cause to be served, enforce, or threaten to apply for, cause to be served or enforce any capias warrant;

(e) visit or threaten to visit the household of a debtor at any time;

(f) visit or threaten to visit the place of employment of a debtor at any time; and

(g) confront or communicate in person with a debtor regarding the collection of a debt in any public place at any time.

(2) 940 CMR 35.03(1)(a) through (g), shall not apply to any attempt to collect a debt which is, or is alleged to be, owing as a result of a loan secured by a mortgage on real property, or to any attempt to collect a debt that is, or is alleged to be, owing by a tenant to an owner, as those terms are defined by 940 CMR 3.01: Definitions.

(3) 940 CMR 35.03(1)(e) shall not apply to telephone, gas, and electric utility companies regulated by M.G.L. c. 164 and the Department of Public Utilities or the Department of Telecommunications and Cable.

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