Collection Industry Trade Group Sues Massachusetts Attorney General to Halt Emergency Regulations
1 min read
Apr 24, 2020
We recently reported on Massachusetts Attorney General Maura Healey's implementation of temporary regulations halting collection of debt from Massachusetts' consumers in the wake of the COVID-19 crisis. With certain exemptions, the regulations declare the performance of many regular debt collection activities—including placing telephone calls to debtors or initiating collection actions—an unfair or deceptive practice under the Massachusetts Consumer Protection Act. The emergency regulations apply until June 25, 2020, or until the end of Massachusetts' state of emergency, if longer. Now, a leading industry group has sued the Attorney General to enjoin immediate enforcement and to strike down the regulations.
ACA International, a leading trade group for the debt collection industry, filed suit against the Attorney General in Massachusetts federal court. The complaint contends that the AG's regulations do not treat debt collectors equally because of its exceptions and prohibitions of certain communications and conduct. ACA International claims the regulations have caused significant economic harm to its members and exposes collectors to a heightened risk of litigation, even for activities helpful to consumers.
ACA International seeks to strike the regulation; it also filed a request for an injunction. In support, ACA International argues the regulations exceed the AG's authority and should be declared invalid because they violate:
- members' First Amendment rights by banning commercial speech and declaring that filing litigation is an unfair and deceptive practice;
- members' Fourteenth Amendment due process rights because the regulations became effective before their announcement and without public comment;
- the Fourteenth Amendment's equal protection clause because the exemptions apply only to certain creditors or debt collectors;
- the Massachusetts anti-SLAPP statute, M.G.L. c. 231 § 59H;
- the Massachusetts litigation privilege; and
- state law separation of powers.
The federal court provided the Attorney General until May 1st to respond to ACA International's emergency motion for an injunction against the regulations. The outcome of this litigation will not only be significant to Massachusetts debt collectors and consumers, but may also serve as a blueprint for challenges to similar recent regulations enacted across the country.
Topics
Related Capabilities
Featured Insights

Event
Apr 23, 2026
Driving Ahead: Insights from Industry Leaders Auto Finance Seminar

Consumer Crossroads: Where Financial Services and Litigation Intersect
Mar 13, 2026
DOJ Settlement with Car Retailer Highlights SCRA Repossession Risks

Privacy, Cyber & AI Decoded Alert
Mar 11, 2026
Compliance Considerations for GDPR Consent in Biotech Clinical Research

Press Release
Mar 4, 2026
Marcia Mueller Named the 2026 Mentorship Award Winner by YWCA Northwestern Illinois

Press Release
Mar 3, 2026
Hinshaw Announces New Administrative Leadership Appointments

In The News
Feb 27, 2026
Hinshaw Partners Examine Implications for Nursing Homes of New Illinois Aid-in-Dying Law

In The News
Feb 24, 2026
Lucy Wang Authors Law360 “Expert Analysis” on Why Attorney Civility Means More in 2026

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner
![[Video] New Regulatory Priorities Under Mayor Mamdani’s NYC Department of Consumer and Worker Protection](/a/web/oHiTWa7kRy3Ht1brq6k4BT/bkMx39/new-york-city-skyline.jpg)
