Federal Court Hears Oral Argument in ACA's TRO Petition Seeking to Enjoin Massachusetts's Emergency Debt Collection Regulations
1 min read
May 1, 2020
On May 1, 2020, U.S. District Court for the District of Massachusetts Judge Richard Stearns heard oral arguments in ACA International's suit to halt the emergency debt collection regulations enacted in Massachusetts, which included a request for a temporary restraining order. In response to ACA's said request, Stearns expressed particular interest in whether the regulations constitute an improper ban on commercial speech under the First Amendment, as well as AG Maura Healey's argument that the federal court does not have jurisdiction to strike down the regulations under the Eleventh Amendment.
In response, the Attorney General focused on the circumstances of the COVID-19 crisis and the regulations' temporary nature. The AG argued that the regulations affect only one type of communication, which it seeks to "channel into alternative means" more appropriate for the current times. The AG compared the regulations to the tolling of statutes of limitations in Massachusetts by the Supreme Judicial Court, because of the COVID-19 crisis. Additionally, the AG also argued that whether or not Healey had exceeded her authority must be determined by a state court—not federal—under the Eleventh Amendment.
Judge Stearns gave the parties through Monday, May 4, 2020 to supplement their arguments, and indicated an opinion would be issued shortly thereafter.
How this request is decided will be of great interest for those contemplating challenges to debt collection regulations implemented in this and other emergency situations across the nation.
Topics
Related Capabilities
Featured Insights

Employment Law Observer
Dec 8, 2025
12 Days of California Labor and Employment: 2025 Year in Review

Press Release
Dec 4, 2025
Hinshaw Recognized by the Leadership Council for Legal Diversity as a 2025 Top Performer

Press Release
Nov 25, 2025
Hinshaw Legal Team Secures Summary Judgment in Gas Station Injury Case

Press Release
Nov 18, 2025
Hinshaw Releases the Third Edition of Duty to Defend: A Fifty-State Survey

In The News
Nov 13, 2025
A Profile on Neil Rollnick: After 57 Years in Practice, He Has No Plans to Retire

Press Release
Oct 22, 2025
Hinshaw & Culbertson LLP Launches New Website and Refreshed Brand





