Federal Court Nixes Massachusetts Attorney General's Emergency Debt Collection Regulations
2 min read
May 7, 2020
Yesterday, a federal court granted ACA International's request for a temporary restraining order of the Massachusetts Attorney General's emergency regulations prohibiting debt collection calls and enforcement actions during the COVID-19 pandemic.
District Court Judge Richard G. Stearns concluded that the AG's "flat ban" on debt collection calls violates the First Amendment as an impermissible restriction on commercial speech. In addition, Judge Stearns held that regulations prohibiting the initiation of lawsuits—even temporarily—violates the First Amendment right of debt collectors' to petition the government.
The court determined the AG's rationale provided no justification, finding there was no evidence that consumers are more susceptible to aggressive debt collection practices because of the pandemic; that the ban does not effectively protect residential privacy for those confined to home since existing regulations already prohibit more than two calls per week; and that the AG's emergency regulation impermissibly imposes a "blanket suppression" on debt collectors, while exempting others groups—such as mortgagors, landlords, and nonprofits. The court noted the AG's apparent goal is already addressed by numerous federal and state laws, as well as regulations prohibiting unfair and deceptive debt collection practices. The AG's emergency regulations did not "add[] anything to their protections that the existing comprehensive scheme of law and regulation already affords to debtors, other than an unconstitutional ban on one form of communication."
Addressing both the AG's prohibition of debt collection calls and initiation of lawsuits, the court found the AG's argument that the regulations were only temporary unpersuasive: "constitutional rights do not take a holiday simply because governing authorities declare an emergency." The court also found that debtors' interests in the regulations "may not weigh as heavily as the threat of extinction faced by smaller collection agencies who have been effectively put out of business," for which ACA had provided examples in its briefing. Specifically, the court expressed concern for hospitals and utilities who depend on collection agencies to remain solvent. Lastly, the opinion agreed with the AG that much of ACA's argument focused on issues of state law—whether the AG exceeded her authority under Massachusetts law or violated its constitution—are not appropriate questions for a federal court.
This decision permits debt collectors to immediately resume telephone calls and filing lawsuits, and raises the constitutionality of attempts by other states to impose temporary restrictions on collection activities, such as California, Illinois, Iowa, Minnesota, and Wisconsin.
Featured Insights

Press Release
May 20, 2026
Hinshaw Releases America 250 Book Exploring Insurance's Role in Building the United States

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 19, 2026
OCC's Final Escrow-Interest Preemption Rules Bolster the Second Circuit’s Cantero Decision

Webinar
May 19, 2026
Scott Seaman Speaks on Making Decisions in Difficult Risk Environments

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
SCOTUS Confirms: Federal Courts Retain Power to Affirm or Vacate an Arbitration Decision

In The News
May 13, 2026
Hinshaw Contributes Chapters to “Wrongful-Death and Survival Actions” IICLE Handbook

In The News
May 12, 2026
Hinshaw GC Steve Puiszis Discusses Protecting Attorney-Client Privilege in an AI Age

Event
May 12-13, 2026
Mitchel Chargo Speaks on the Rapidly Evolving Cannabis Industry

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 11, 2026
Tennessee Reaches Settlement with Mariner in Multistate UDAAP Enforcement Action

Press Release
May 11, 2026
Ali Degan Elected to the Fellows of the American Bar Foundation

Press Release
May 11, 2026
John Weedon Re-Elected to the Jacksonville Bar Association’s Board of Governors in 2026

