Selected Opinions regarding Debt Collectors

The publication of these Selected Opinions, as well as the previously issued Annual and Quarterly Digests, is part of the Division's ongoing effort to continue to improve its communication with all those who have a vested interest in the financial services industry. Through these Selected Opinions and Digests, the Division offers its perspective on current issues and questions in the financial services industry. As always, requests for opinions from the Division must be addressed directly to the Commissioner of Banks, Massachusetts Division of Banks, 1000 Washington Street, 10th Floor, Boston, MA 02118-6400 and must include a statement of all relevant facts, cites to applicable statutes and regulatory documents and an analysis of those materials supporting your position. The Division acknowledges receipt of opinion requests by assigning each a number. Any subsequent inquiries to the Division about an opinion request should refer to this opinion number.

Does Company Collecting Commercial Debt Require a License - April 24, 2007

"Passive" Debt Buyer Exemption from Debt Collector License - October 13, 2006

Attorney-at-law Exclusion and Applicability of the Debt Collection Law to Attorneys - October 13, 2006

Limitations on “Communications” with Debtors – July 27, 2006

Licensing Requirement for an Affiliate of a Holding Company to Collect the Debt of Another Affiliate - February 22, 2002

Does Repayment of Medical Bills from Lawsuit Constitute Collection of Debt - September 13, 2001

Applicability of FTC Privacy Regulations to Collection Agencies - Both issued June 25, 2001

Exemption for Collection Agency License When Debt is Collected by Licensed Collection Agencies or Collection Attorneys - February 26, 2002

Exemption For Collection Agency License For Transactions Involving Electric Rate Reduction Bonds-March 3, 2001

Collection Agency's Ability To Change Non-Sufficient Funds(NSF) Processing Fees - Q3 2000

Collection Agency Licensing Requirement As Applicable To Loan Servicers - Q2 2000

Licensing Requirement For Out-Of-State Debt Collector - Q2 2000

Licensing Requirement For Servicer And Its Subservicer - Q2 2000

Licensing Requirement For Accounts Receivable Management Company - Q2 2000

Licensing Requirement For Corporation That Services Consumer And Credit Card Accounts - Q2 2000

Servicing Companies Collecting Debt For Others Require A Collection Agency License - Q2 2000

Massachusetts License Requirement For Collection Agency Licensed In Another State - Q1 2000

Licensing Of A Collection Agency - Q4 1999

Collection Agency License Under General Laws Chapter 93, Section 24 - Q4 1999

License Requirement For Companies Contracting With Local Collection Agency - Q1 2000

Requirement Of A Division Of A National Banking Association To Obtain Collection Agency License - Q3 1999

Licensing Requirements For Collection Agencies - Q2 1999

Use Of Law Firm Letterhead And/Or Name In Any Letters And Telephone Calls To Massachusetts Debtors - Q2 1999

Licensing Requirements For Collection Agencies - Q2 1999

Scope Of The Requirement That A Licensed Collection Agency Maintain An Office In The Commonwealth - Q4 1999

Licensing Requirements For Collecting On Debts Purchased In The Commonwealth - Q1 1999

Licensing Requirements For Servicers Of Mortgage Loans - Q1 1999

Servicer Reporting Credit Experience With Debtor In Servicer's Name - Q3 1999

Applicability of Debt Collection Licensing Requirements To Mortgage Lender/Servicer Which Retains A Portion Of The Loan - Q1 1999

Licensing Requirements For Entity Collecting Debts Of Deceased Debtors - Q4 1998

Exemption From Collection Agency Licensing Requirements For Out-Of-State Chartered Bank - Q4 1998

Involvement Of An Attorney In The Management Of A Collection Agency - Q2 1999

Licensing Requirements For Collection Agency Branch Offices - Q4 1998

Licensing Requirements For Entities Providing Foreclosure Alternatives To Residential Borrowers - Q4 1998

Licensing Requirements For Collecting Commercial Debt - Q3 1998

Financial Statement Reporting Requirement - Q3 1998

Licensing Requirements For Attorneys Licensed To Practice Law In The Commonwealth - Q3 1998

Permissibility Of Collection Agency To Act On Behalf Of Secured Creditor - Q4 1998

Non-Transferability Of Collection Agency License - Q2 1998

Collection Agency Licensing Requirements - Q2 1998

Originating Loans Secured By First Liens On Residential Manufactured Homes - Q3 1998

Licensing Requirements For Persons Or Entities Collecting Unpaid Insurance Premiums From Commercial Entities - Q3 1998

Licensing Requirements For Collection Activities Performed By A Sub-Contractor - Q2 1998

Notice Requirements For Purchase Of All Assets Of A Licensed Collection Agency - Q4 1997

Licensing Requirements And Liability

Licensing Requirements for Out-Of-State Collection Agency That Has Arrangement With A Business In Massachusetts - Q4 1997

Licensing Requirements For Entities Collecting Taxes On Behalf Of Municipalities - Q4 1997

Licensing Requirements For Referring Debtors to Mortgage Companies - Q4 1997

Licensing Requirements For Entities Which Provide Assistance To Homeowners - Q4 1997

Directing Payments From Massachusetts Debtors To An Out-Of-State Address and The Use Of An "800" Number In Collection Letters- Q4 1997

Non-Identifying Communications - Q4 1997

Collection Agency Licensing Requirements For Out-Of-State Banks - Q4 1997

Collection Agency License Requirements For Companies Which Collect Affiliates' Debts - Q3 1997

Collection Agency Licensing For An Entity Which Collects Unpaid Parking Tickets - Q3 1997

Collection Agency Main Office Requirements - Q3 1997

Licensing Requirements For Entities Collecting Debt Owed By Deceased Persons - Q3 1997

Collection Agency License & Business Office Requirements - Q4 1997

Mortgage Loan Servicer Practices - Q3 1997

Copies of past opinions may be obtained for a fee from the Division's Consumer Assistance Unit at (617) 956-1502, and must be paid for by check. The Division's Regulations, found in the Code of Massachusetts Regulations (CMR - agency code number 209), are available through the State House Bookstore, State House Room 116, Boston, Massachusetts, 02133. Please contact the bookstore directly for prices at (617) 727-2834.