Duane Pozza and Moshe Broder Discuss First Amendment Challenge to Massachusetts’ Emergency Debt Collection Regulation

May 13, 2020

Wiley partner Duane C. Pozza and associate Moshe B. Broder were the featured speakers on a May 11 briefing call hosted by the National Creditors Bar Association (NCBA). The live call provided updates and analysis of a recent federal district court decision enjoining portions of a Massachusetts emergency regulation on First Amendment grounds. The regulation would have restricted certain debt collection communications and legal filings during the COVID-19 pandemic.

During the briefing call, titled “Breaking News: District Court Retains Enforcement of Massachusetts AG Emergency Regulations,” Mr. Pozza and Mr. Broder talked about likely next steps in the litigation, key legal arguments, and how those arguments may apply to other attempts to limit debt collection communications and collection action filings.

Mr. Pozza is co-chair of Wiley’s FTC Regulation Practice, and a member of the State Attorneys General, Telecom, Media & Technology, and Privacy, Cyber & Data Governances practices. Mr. Broder is a member of the firm’s Government Contracts, National Security, and Privacy, Cyber & Data Governances practices.

Additional details about the briefing call can be found here. To listen to the recording of the call, click here.

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