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HOUSE DOCKET, NO. 2894 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 1694
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Brandy Fluker-Reid
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act providing civil legal remedies for victims of economic abuse.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Brandy Fluker-Reid12th Suffolk1/16/2025Samantha Montaño15th Suffolk2/6/2025Lindsay N. Sabadosa1st Hampshire2/10/2025Natalie M. Higgins4th Worcester2/10/2025Mindy Domb3rd Hampshire2/10/2025Colleen M. Garry36th Middlesex2/12/2025David Henry Argosky LeBoeuf17th Worcester2/19/2025Jason M. LewisFifth Middlesex3/5/2025Vanna Howard17th Middlesex3/5/2025 1 of 13
HOUSE DOCKET, NO. 2894 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 1694
By Representative Fluker-Reid of Boston, a petition (accompanied by bill, House, No. 1694) of
Brandy Fluker-Reid and others relative to remedies for victims of economic abuse. The
Judiciary.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act providing civil legal remedies for victims of economic abuse.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. The General Laws are hereby amended by inserting after chapter 258F the
2following chapter:-
3 Chapter 258G. REMEDIES FOR VICTIMS OF ECONOMIC ABUSE
4 Section 1. Definitions
5 As used in this chapter, the following words shall, unless the context clearly requires
6otherwise, have the following meanings:
7 “Adequate Documentation” includes, but is not limited to, any of the following
8documents:
9 A police report that identifies the Debt incurred through Economic Abuse, or a portion
10thereof, and describes the circumstances under which such Debt was incurred; 2 of 13
11 A Federal Trade Commission identity theft report;
12 An order from a court of competent jurisdiction setting forth findings that the debt is a
13Debt incurred through Economic Abuse;
14 Written verification from a “Qualified Third Party” to whom the Debtor reported the
15Debt incurred through Economic Abuse, which shall be satisfied by any sworn statement that
16includes information identifying that the party is a Qualified Third Party, along with the
17letterhead, address, and telephone number of such Qualified Third Party's employer or, if self-
18employed, of such Qualified Third Party. Such written verification shall also identify the
19Economic Abuse, or a portion thereof, and describe the circumstances under which such Debt
20was incurred; or
21 Any other document that demonstrates a person was subject to Economic Abuse and
22which supports a Statement of Debt incurred through Economic Abuse including "Debt incurred
23through Economic Abuse," as defined.
24 “Creditor” means:
25 an individual or entity to whom a Debt is owed, due, or asserted to be due or owed;
26 any assignee for value;
27 a debt collector; or
28 a debt buyer.
29 “Debt” means an obligation, or an alleged obligation to pay money. 3 of 13
30 “Debt incurred through Economic Abuse” means a Debt or a portion thereof that was
31incurred because of identity theft, fraud, duress, intimidation, threat, force, coercion,
32manipulation, undue influence, misinformation, or the non-consensual use of the Debtor's
33personal identifying information within the context of abuse by a family member or household
34member as defined by G.L. c. 209A, sec 1 and abuse by a caretaker to an elder and/or person
35with a disability as defined by G.L. c. 265, §13K.
36 “Debtor” means an individual who owes or who is alleged to owe a Debt.
37 “Perpetrator of Economic Abuse” means an individual who causes or is alleged to have
38caused a Debt incurred through Economic Abuse to be incurred by another.
39 "Qualified third party" means any
40 police officer, as defined by section 1 of chapter 90C,
41 law enforcement professional including, but not limited to, a district attorney, assistant
42district attorney, a victim-witness advocate, or a probation or parole officer;
43 an employee of the Victims Services Unit of the department of criminal justice
44information services;
45 A healthcare provider, including but not limited to a physician, physician assistant,
46psychiatrist, psychologist, nurse, social worker, midwife, doula, therapist, or clinical professional
47counselor, who is licensed to practice in any state;
48 A person who advises or provides services to persons regarding domestic violence,
49family violence, human trafficking, or abuse of children, the elderly, or dependent adults; 4 of 13
50 an individual with knowledge of the circumstances who provides with specificity the
51Debtor’s experience with Debt incurred through Economic Abuse; or
52 A member of the clergy of a church, religious society, or denomination.
53 “Statement of Debt incurred through Economic Abuse” means a statement made by a
54Debtor to a Creditor orally or in writing that conveys:
55 enough information about the Debt or portion thereof to allow a Creditor to identify the
56account associated with the Debt;
57 that the Debtor did not willingly authorize the use of the Debtor’s name, account, or
58personal information for incurring the Debt or portion thereof, or a claim that a Debt or portion
59thereof is a Debt incurred through Economic Abuse;
60 if the debtor knows how the debt was incurred, facts describing how the debt was
61incurred; and
62 the Debtor’s preferred contact method and information such as a phone number, email
63address, physical address, or safe address for either the Debtor or a third party to whom the
64Debtor would like communications from the Creditor about the Statement of Economic Abuse to
65be addressed.
66 Section 2. Creditor’s Conduct Pursuant to a Debtor’s Statement of Economic Abuse
67 (a) Within ten business days of receipt of a Debtor’s Statement of Debt incurred through
68Economic Abuse, the Creditor must notify any consumer reporting agency to which the Creditor
69furnished adverse information about the Debtor, that the Debtor disputes the adverse
70information. 5 of 13
71 (b) If the consumer provides both a Statement of Debt incurred through Economic Abuse
72and Adequate Documentation to the Creditor, the Creditor shall take the following actions
73regarding the Debt incurred through Economic Abuse within 10 business days of receipt:
74 cease all attempts to collect the Debt incurred through Economic Abuse from the Debtor;
75 refrain from filing any lawsuit to collect the Debt incurred through Economic Abuse;
76 notify the Debtor in writing, if the Debtor’s preferred method of communication allows,
77in English and Spanish that it is ceasing all attempts to collect the Debt from the Debtor based on
78the Debtor's claim of Debt incurred through Economic Abuse. The notice shall be provided to
79the Debtor using the Debtor’s preferred contact method;
80 pending resolution of a motion by the Debtor to challenge the underlying judgment, cease
81all garnishment of funds from the Debtor on the Debt incurred through Economic Abuse;
82 if a collection action has already been filed, dismiss the action as against the Debtor;
83 return all payments made by the Debtor on the Debt incurred through Economic Abuse;
84and
85 contact any consumer reporting agency to which it furnished information about the
86Debtor and the Debt incurred through Economic Abuse and request they delete such information.
87 (c) If the Creditor seeks a court order in a court of competent jurisdiction declaring that
88the Debt was not incurred through Economic Abuse pursuant to Section 3(b), the actions
89required in Section 2(b)(v), (vi), and (vii) are only required within 10 days of a final resolution of
90the Creditor’s challenge. 6 of 13
91 (d) If the Debtor provides to a Creditor a statement including some but not all of the
92information required of a Statement of Debt incurred through Economic Abuse, or an oral
93Statement of Economic Abuse incurred through Economic Abuse without Adequate
94Documentation, the Creditor shall notify the Debtor within 5 business days, using the Debtor’s
95preferred contact method, of the additional information needed to complete the Statement of
96Debt incurred through Economic Abuse and of the Adequate Documentation requirement. If the
97Debtor provides a Statement of Debt incurred through Economic Abuse orally, the Creditor shall
98inform the Debtor of the option to receive the notice in writing.
99 (e) A Creditor who provides the Debtor with Model Form A –1, in both English and
100Spanish, complies with the requirement in Section 2(c) to notify the Debtor of the additional
101information needed to complete the Statement of Debt incurred through Economic Abuse and of
102the Adequate Documentation.
103 (f) Any written notices under this section must be provided to all Debtors in both English
104and Spanish. If the Creditor provides oral interpretation services, or otherwise communicates
105with the Debtor, whether orally or in writing, the creditor must provide the notice, orally or in
106writing, required under this subsection to the Debtor in their preferred language.
107 (g) Not later than 180 days after the date of the enactment of this section, the
108Massachusetts Attorney General’s Office shall publish Model Form A-1 in English and Spanish.
109 (h) The Attorney General’s Office may publish Model Form A-1 in any other language
110the Massachusetts Attorney General’s Office determines is the first language of a significant
111number of consumers in the State. This determination shall be, at the discretion of the
112Massachusetts Attorney General’s Office, based on the numerical percentages of all consumers 7 of 13
113in the State for whom English or Spanish is not a first language or in a manner consistent with
114any regulations promulgated by the Massachusetts Attorney General’s Office for this purpose.
115 (i) If the Debtor provides a Statement of Debt incurred through Economic Abuse and
116Adequate Documentation to the Creditor, the Creditor shall not sell the Debt or transfer it for
117consideration. If the Creditor does not own the Debt and is collecting the Debt for another, then
118the Creditor must notify the owner of the Debt that it has ceased collection activities against the
119Debtor because the Debt was incurred through Economic Abuse. If the Creditor proves that the
120debt is not a Debt incurred through Economic Abuse per section 3(b), it may then sell or transfer
121the debt and may resume collection activity.
122 (j) In connection with any communication related to a Debtor’s Statement of Debt
123incurred through Economic Abuse, the Creditor:
124 Shall only use the contact information the Debtor provides in the Statement of Debt
125incurred through Economic Abuse to contact the Debtor and shall not use any other contact
126information;
127 Shall not disclose the contact information the Debtor provides in the Statement of Debt
128incurred through Economic Abuse to any other person, including, but not limited to, the
129Perpetrator of Economic Abuse or joint account holders, without the Debtor's express written
130authorization; and
131 May request that the Debtor provide the identity of the Perpetrator of Economic Abuse
132and contact information for that person if known by the Debtor.
133 Section 3. Civil Legal Remedies 8 of 13
134 (a) A Debtor is not liable for a Debt incurred through Economic Abuse. A Debtor may
135raise as a defense in any forum and by any allowable procedure that a particular Debt, or portion
136thereof, is a Debt incurred through Economic Abuse, including a motion to challenge a judgment
137based on a Debt incurred through Economic Abuse.
138 (b) The Debtor establishes a prima facie case that a debt is incurred through Economic
139Abuse by providing a Statement of Debt incurred through Economic Abuse and Adequate
140Documentation. If the Creditor has a good faith basis to believe that the Debt was not incurred
141through Economic Abuse, within 10 days of receipt of the Statement of Debt incurred through
142Economic Abuse and Adequate Documentation, the Creditor may seek a court order in a court of
143competent jurisdiction declaring that the Debt was not incurred through Economic Abuse. In
144such a suit, the Creditor has the burden to disprove the Debt is incurred through Economic
145Abuse.
146 (c) A person shall not cause another to incur a debt through Economic Abuse. A person
147who is found to be a Perpetrator of Economic Abuse by a court of competent jurisdiction shall be
148civilly liable to the Creditor for repayment of the alleged debt or to the Debtor to the extent that
149the Debtor made payments or incurred costs related to the Debt.
150 (d) A Creditor may use all lawful rights and remedies to collect the amounts alleged
151owed from the Perpetrator of Economic Abuse.
152 (e) In any court action, the court shall take appropriate steps necessary to prevent abuse
153of the Debtor or an immediate family member of the Debtor, including, but not limited to,
154impounding or sealing court records, redacting personally identifiable information about the 9 of 13
155Debtor and any immediate family member of the Debtor, and directing that any deposition or
156evidentiary hearing be conducted remotely.
157 (f) Any Creditor that fails to comply with any provision of Section 2 is liable to the
158Debtor in an amount equal to the sum of --
159 Any actual damages sustained by the Debtor as a result of such noncompliance;
160 (i) In the case of any action by an individual, such additional damages as the court may
161allow, but not exceeding $5,000, indexed annually for inflation, or
162 (ii) In the case of a class action,
163 (A) such amount for each named plaintiff as could be recovered under subparagraph (i),
164and
165 (B) such amount as the court may allow for all other class members, without regard to a
166minimum individual recovery, not to exceed the lesser of $500,000, indexed annually for
167inflation, or 50 per centum of the net worth of the Creditor;
168 (C) Court costs and a reasonable attorney’s fee as determined by the court; and
169 (D) Punitive damages if the court finds that a Creditor’s noncompliance was willful.
170 (g) No agreement between a Debtor and any other person may contain any provision that
171constitutes a waiver of any right conferred or cause of action created by this Act, and any such
172waiver is void.
173 (h) The provisions of this Act apply to lawsuits filed in this state, regardless of whether a
174related contract provides that the law of another state is chosen. 10 of 13
175 Section 4. Model Form
176 Model Form A-1 for Creditors to Provide to Debtors
177 [Creditor Name]
178 Address
179 Email address
180 Telephone number
181 Website URL or QR code where this form can be filled out online]
182 [Debtor’s Name]
183 [Debtor’s preferred contact information: debtor may provide a phone number, email
184address, physical address, or the address of a third party]
185 You have given us information about a debt that may have been taken out because
186someone used your personal information without your permission or because someone
187intimidated, threatened, forced, or manipulated you into taking out this debt.
188 For example, an abusive partner could take out a credit card or loan in your name without
189your knowledge or permission or pressure you into buying a car, television, computer, or other
190item on credit with threats of harm if you refuse.
191 Questions: To stop collection on this debt, you need to answer the questions below. If
192you do not know the answer, you can explain why you don’t know the answer.
193 Did you sign for or agree to the debt? 11 of 13
194 If you did sign or agree to the debt, was it because someone threatened you or used
195intimidation, force, manipulation, theft, or other forms of control to take out the debt in your
196name? If yes, please describe how it happened.
197 If you did not sign or agree to the debt, do you know who used your information to take
198out the debt? If yes, please describe.
199 What is your preferred contact method and contact information? You can provide a
200phone number, email address, physical address, or a third party or other safe address.
201 Supporting Documentation: Please include any one of the documents below that show
202that the debt was taken out by someone who threatened you or used intimidation, force,
203manipulation, theft, or other forms of control to take out the debt in your name.
204 You only need to send one, but you can provide more than one.
205 a police report that includes information about the debt and how it was taken out;
206 a Federal Trade Commission identity theft report that you can complete yourself online at
207at idtheft.gov;
208 a court order that includes information about the debt and how it was taken out;
209 a written, sworn statement from a third party you talked with about this debt. The
210statement should include who they are, where they work, their contact information and
211information you talked with them about the debt and how it was taken out. The third party can be
212a:
213 Police officer or any other law enforcement officer; 12 of 13
214 Physician, physician assistant, psychiatrist, psychologist, social worker, nurse, therapist,
215or clinical professional counselor who is licensed to practice in any state;
216 Someone who advises or provides services to people regarding domestic violence, family
217violence, human trafficking, or abuse of children, the elderly, or dependent adults; or
218 Member of the clergy of a church, religious society, or denomination.
219 any other document such as a divorce decree, restraining order, protection from abuse
220order or other document that includes information about the debt and how it was taken out.
221
222 We need to receive your answers to the questions above and at least one document
223supporting your claim before we stop collecting on the Debt. Within 10 days after we receive
224this information, we will:
225 Stop all attempts to collect the Debt incurred through Economic Abuse from you;
226 Notify you in writing that we are stopping all attempts to collect the Debt from you; and
227 Refrain from filing any lawsuit against you for the Debt
228 We do have the right to challenge whether the Debt was incurred through Economic
229Abuse in Court within 10 days of receipt of your statement and supporting documents. If we
230challenge the Debt and the Court determines this is a Debt incurred through Economic Abuse,
231we will: 13 of 13
232 Contact consumer reporting agencies to which we gave information about you and the
233Debt incurred through Economic Abuse and request they remove the information from your
234credit report.
235 If a collection action has already been filed on this Debt, dismiss the action as against you
236and
237 Return all payments made by the you on the Debt
238 If we are garnishing funds based on a Debt incurred through Economic Abuse, you have
239the right to challenge the garnishment order in Court and ask the judge to prohibit garnishment of
240such funds.
241 If you have questions, please contact us at: Creditor’s name, mailing address, phone
242number, and email address.
243 To find an attorney, go to https://www.masslegalhelp.org/find-lawyer
244 For more information, see [Citation to this Act]
245 SECTION 2. This act shall take effect January 1, 2026.