Mintz - Bankruptcy & Restructuring Viewpoints

On the heels of codifying 940 CMR 35.00, the “Unfair and Deceptive Debt Collection Practices During the State of Emergency Caused by COVID-19” (the “Emergency Regulations”), Attorney General Maura Healey issued guidance on April 3, 2020 “to provide clarity with regard to frequently asked questions concerning the Emergency Regulations[.]”  Among other things, Attorney General Healey clarified the following:

  • The Emergency Regulations do not affect any attachment of wages obtained and served prior to March 26, 2020.
  • All activity relative to the repossession of a vehicle must be halted.
  • Any agency that collects on behalf of a first-party or original creditor, or on behalf of a debt buyer is considered a “debt collector” under the Emergency Regulations.
  • Creditors and debt collectors can answer and return telephone calls initiated by a consumer.
  • The Emergency Regulations do not restrict the use of text messages and email.
  • The Emergency Regulations do not apply to the collection of commercial debts or to a consumer who has obtained a legal judgment against a business.

The full guidance may be found at:

Our previous post detailing the substance of the Emergency Regulations may be found here.

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