Massachusetts House Bill H972

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

To require financial institutions to pay late fees when it fails to conduct an electronic transfer

Impact

If enacted, H972 would significantly enhance the rights of consumers in their dealings with financial institutions. The proposed requirement for institutions to pay late fees could lead to an increase in transparency and accountability. Additionally, the bill stipulates that if a financial institution knowingly fails to comply, consumers would be entitled to treble damages. This provision could act as a greater deterrent against negligent practices by financial entities.

Summary

House Bill 972 seeks to amend Chapter 167B of the General Laws of Massachusetts to mandate that financial institutions are held accountable for late fees incurred by consumers due to the institution's failure to conduct preauthorized electronic transfers. This legislation emphasizes consumer protection by ensuring that if a financial institution does not process a transfer, resulting in additional charges for the consumer, it will be responsible for reimbursing those amounts promptly.

Contention

While the bill is aimed at protecting consumers, it may encounter some opposition from financial institutions due to the potential for increased liability and operational burdens. Institutions might argue that the requirement to reimburse late fees could result in higher operational costs, which could subsequently lead to increased fees for all customers. Additionally, the vagueness of terms like 'willfully and knowingly' could cause concern regarding the burden of proof in disputes between consumers and financial institutions.