Massachusetts General Laws

Mass. Gen. Laws ch. 93, § 28 (2026)

Penalties

✓ current as of July 2026
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Section 28. Any person doing any business for which a bond is required by section twenty-four or any member of a partnership or officer of an association or corporation doing such business shall, upon written demand, render a true and complete account to the person, partnership, association or corporation from whom any account, bill or indebtedness was taken for collection and shall turn over to or for such person, partnership, association or corporation the proceeds of such collection within thirty days after such written demand and shall return any claim or claims upon the written demand of such person, partnership, association or corporation within thirty days after such written demand and after the tender of any amounts, if any, as may be due and owing from such person, partnership, association or corporation to the agency.

Whoever fails to comply with any provision of this section or sections twenty-four to twenty-seven, inclusive, or any regulation promulgated in accordance with the provisions of section twenty-four, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than three months, or both.

Failure to comply with any provision of this section or of section twenty-four to twenty-seven, inclusive, or any regulation promulgated in accordance with the provisions of section twenty-four shall constitute an unfair or deceptive act or practice under the provisions of paragraph (a) of section two of chapter ninety-three A.

Notes of Decisions
Cited in 5 cases, 1989–2018 · leading case: Dorrian v. LVNV Funding, LLC, 94 N.E.3d 370 (Mass. 2018).
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Dorrian v. LVNV Funding, LLC, 94 N.E.3d 370 (Mass. 2018). “See G. L. c. 93, § 28. Most relevant to this case, since 2006, the division has consistently concluded that a passive debt buyer is not included under the definition of "debt collector" in G.”
Dean v. Compass Receivables Mgmt. Corp., 148 F. Supp. 2d 116 (D. Mass. 2001). “M.G.L. c. 93, § 28. 1 No revealed case law suggests that Chapter 93A and the related Massachusetts statutes and regulations dealing with debt collection practices are inconsistent with, and thus preempted by, the FDCPA.”
Mahoney v. Baldwin, 543 N.E.2d 435 (Mass. App. Ct. 1989). “…added). 5 See, e.g., G. L. c. 75C (private correspondence schools); G. L. c. 75D (private business schools); G. L. c. 93, § 28 (collection agencies) §§ 48 & 49 (credit bureaus) § 69 (multi-level distribution companies) § 70 (certification of title for mortgage); G. L.…”
Dorrian v. LVNV Funding, LLC (Mass. 2018). “See G. L. c. 93, § 28. Most relevant to this case, since 2006, the division has consistently concluded that a passive debt buyer is not included under the definition of "debt collector" in G.”
Dorrian v. LVNV Funding, LLC, 33 Mass. L. Rptr. 157 (Mass. Super. Ct. 2015). “G.L.c. 93, §28 (“failure to comply with any provision .”
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