Public Hearing Notice  Notice of Public Hearing: 209 CMR 18.00: Conduct of the Business of Debt Collectors, Student Loan Servicers, and Third Party Loan Servicers and 209 CMR 48.00: Licensee Record Keeping

Pursuant to the provisions of M.G.L. chapter 93, section 24A and M.G.L. chapter 93L, sections 1-9, and in accordance with the provisions of M.G.L. chapter 30A, section 2, a public hearing will be held on Monday, November 4, 2024 at 10:30 a.m. at which comments will be received by the Division of Banks (Division) relative to amendments to 209 CMR 18.00 et seq. and 209 CMR 48.00 et seq.

A hybrid public hearing will be held on Monday, November 4, 2024 at 10:30 a.m., 1000 Washington Street, First Floor, Hearing Room 1-D, Boston, Massachusetts.  The link to join remotely is below.

Microsoft Teams meeting

Join on your computer, mobile app or room device

Join the meeting now

Meeting ID: 228 532 906 823

Download Teams | Join on the web

Passcode: QuaYWE

Dial in by phone (audio only)

+1 857-327-9245,,840217328# United States, Boston

Find a local number

Phone conference ID: 840 217 328# 

While it is not necessary to pre-register to provide oral testimony, anyone who emails their intention to provide oral testimony at the hearing in advance will receive preference in the order of testimony provided.  Such optional notice must include the person’s name, telephone number, and email address and should be sent to dob.comments@mass.gov via email.

209 CMR 18.00: Conduct of the Business of Debt Collectors, Student Loan Servicers, and Third Party Loan Servicers

The purpose of 209 CMR 18.00: Conduct of the Business of Debt Collectors, Student Loan Servicers, and Third Party Loan Servicers is to establish standards, by defining unfair or deceptive acts or practices, for the servicing of loans and collection of debts from persons within the Commonwealth of Massachusetts by debt collectors, third party loan servicers, student loan servicers, and automatic federal student loan servicers; to establish procedures and requirements for the licensing and supervision of debt collectors and student loan servicers; and for the registration and supervision of third party loan servicers.  The Division of Banks (Division) licenses debt collectors, student loan servicers, and automatic federal student loan servicers (collectively referred to herein as licensees). Third party loan servicers are required to register with the Division.

The Bureau of Consumer Financial Protection (CFPB) amended Regulation F, 12 CFR Part 1006, which implements the Fair Debt Collection Practices Act (FDCPA), to prescribe federal rules governing the activities of debt collectors covered by the FDCPA. The amendments, among other things, addressed communications in connection with debt collection; interpret and apply prohibitions on harassment or abuse, false or misleading representations, and unfair practices in debt collection; and clarify requirements for certain consumer-facing debt collection disclosures.  The amendments to Regulation F became effective on 11/30/21.

The proposed revision of 209 CMR 18.00 adopts the majority of the newly revised CFPB regulation 12 CFR 1006 to 209 CMR 18.00 to better align it with modern practices. 

209 CMR 48.00: Licensee Record Keeping

The purpose of 209 CMR 48.00: Licensee Record Keeping is to establish procedures and requirements for record keeping by the Division’s licensees.

The proposed amendments to 209 CMR 48.03 increase consistency with Regulation F to increase the record retention timeframe and related clarifications for debt collectors licensed by the Division; and to make the retention of telephone recordings to be consistent with Regulation F.

There are other technical updates to the regulation as well.

Other amendments to the regulation may be made based on testimony at the public hearing or received during the comment period.

To request interpretive services, please submit your request at least three (3) business days prior to the public hearing to Brenda Miller at 617-956-1525 or brenda.miller@mass.gov.

If there are any questions, please contact the Division’s Legal Unit at 617-956-1520.

Written comments may be submitted to the Division on the proposed amendments until Tuesday, November 12, 2024 at 5:00 p.m. to dob.comments@mass.gov.  Copies of the amendments are available at, and copies may be obtained from, the Massachusetts Division of Banks, at www.mass.gov/dob/.