Massachusetts Court Limits Damages in Debt Collection Case,Certifies Class for Nominal Relief
Boston,MA – September 25,2025 - A Massachusetts federal court has issued a critically important ruling in a consumer protection case,powers v. Receivables Performance Management LLC (Civil No. 4:21-cv-12125-MRG), limiting potential damages while concurrently certifying a class action. Judge Guzman’s decision addresses claims of violations under massachusetts Chapter 93A, the state’s consumer protection statute, stemming from alleged excessive debt collection calls.
The court granted RPM’s motion for summary judgment to the extent of limiting Powers‘ damages to nominal damages of $25, finding that Powers “has failed to demonstrate that she is entitled to anything more than nominal damages.” The ruling emphasized that Powers’ testimony described “relatively minor invasions of privacy and emotional distress that are arduous to quantify and for which Powers has asserted no method of measuring,” and that she submitted “no measurable evidence of her emotional distress.” The court also noted powers’ privacy invasion wasn’t “severe,” particularly given the reduced privacy interest afforded to debtors under Massachusetts law. Consequently, the court denied treble damages and clarified that any award would be a single $25 payment, not $25 per excessive call.
Despite limiting damages, the court partially granted Powers’ motion for class certification. Acknowledging the First Circuit’s decision in Nightingale, the court stated that RPM’s arguments against certification were ”not availing.” Though, the class definition was amended to include only those “who do not seek to prove actual damages.”
The certified class consists of ”All persons residing in the Commonwealth of Massachusetts who, (1) between September 18, 2014 and September 18, 2018, Defendant initiated in-excess of two telephone communications within a seven-day period regarding a debt which was more than thirty-days past due to their residence, cellular telephone, or other provided telephone number; and who (2) do not seek to prove actual damages.”
The court also indicated that Powers would be eligible for reasonable attorney’s fees and costs as a prevailing party under Chapter 93A § 9(4).
This ruling highlights a potential strategy for plaintiffs in similar debt collection cases – pursuing class action relief focused on nominal damages under Chapter 93A, particularly where proving substantial individual harm is challenging. The full opinion, spanning 37 pages, is available for review at https://masslawyersweekly.com/files/2025/09/02-530-25.pdf.
