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 35.04 - Prohibition on Debt Collection Telephone Calls with Regard to Debt Collectors Only

Universal Citation: 940 MA Code of Regs 940.35

Current through Register 1531, September 27, 2024

(1) For the 90 days following March 26, 2020 or until the State of Emergency Period expires, whichever occurs first, it shall be an unfair or deceptive act or practice for any debt collector to initiate a communication with any debtor via telephone, either in person or by recorded audio message to the debtor's residence, cellular telephone, or other telephone number provided by the debtor as his or her personal telephone number, provided that a debt collector shall not be deemed to have initiated a communication with a debtor if the communication by the debt collector is in response to a request made by the debtor for said communication.

(2) 940 CMR 35.04(1) shall not apply to communications initiated solely for the purpose of informing a debtor of a rescheduled court appearance date or discussing a mutually convenient date for a rescheduled court appearance.

(3) 940 CMR 35.04(1) shall not apply to:

(a) 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

(b) 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.

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