Massachusetts Court Limits Damages in Debt Collection Case,Certifies Class for Nominal Relief
Boston,MA – September 25,2025 -โ A Massachusetts โfederal court has issued a critically important ruling in a consumer protection case,powersโค v.โข Receivables Performance โManagementโ LLC (Civil No.โค 4:21-cv-12125-MRG), limiting potentialโฃ damages โขwhileโ concurrently certifying a class action. Judge Guzman’s โdecisionโข addresses claims of โviolations under massachusetts โChapter 93A, the state’s consumerโข protection statute,โค stemming from alleged excessive debt collection calls.
The โcourt granted โRPM’s motion for summary judgment to the extent of limiting Powers‘ damages โขto nominal damages of $25, finding that Powers “has failed to demonstrate that โฃshe โis entitled to anythingโฃ more than nominal damages.” The ruling emphasized that Powers’ testimony described “relatively minor invasionsโค of privacy and emotional distress that areโค arduous to quantify andโฃ forโข which Powers has asserted no method of measuring,” and that she submitted “no measurable evidence of her โฃemotional distress.” The court also notedโฃ powers’ privacy invasion wasn’t “severe,” โparticularly givenโ the reduced โprivacy interest afforded to debtors under Massachusetts law. Consequently, the โcourt deniedโ treble damages and โclarified that โขanyโ award would be a single $25 payment,โข not $25 perโค excessive call.
Despite limitingโฃ damages, the court partially granted Powers’ motion for class certification. Acknowledging the โFirst Circuit’s decision in Nightingale, the court statedโ that RPM’sโข arguments against certification were โค”not availing.” โThough, theโฃ class definition โwas amended to includeโข only those “who do not seek to prove actual damages.”
Theโ certified class consists of โฃ”Allโ persons residingโ in the โฃCommonwealth of Massachusetts who, (1) between โSeptember 18, 2014 and September 18, 2018, Defendant initiated in-excess of twoโ telephone communications within a seven-day period regardingโ a debt which was more than โฃthirty-days past due to their residence, cellular telephone, or other provided telephone number; and who (2) do not seek to โprove actualโฃ damages.”
The court also indicated that Powers would be eligible for reasonable attorney’s fees and costs as a prevailing โฃparty underโ Chapter 93A ยง 9(4).
This ruling highlights a potential strategy for plaintiffs in similar debt collection cases – pursuing class action relief focusedโ on nominal damages underโ Chapter 93A, particularly where proving substantial โindividual harm is challenging. The full opinion,โค spanningโฃ 37โค pages, isโ available for review โat https://masslawyersweekly.com/files/2025/09/02-530-25.pdf.
