Section 18.01 - Purpose and Applicability(1)Purpose. The purpose of 209 CMR 18.00 is to establish standards, by defining unfair or deceptive acts or practices, for the servicing of loans and collection of debts from persons within the Commonwealth of Massachusetts by debt collectors, third party loan servicers, and student loan servicers; to establish procedures and requirements for the licensing and supervision of debt collectors and student loan servicers; and for the registration and supervision of third party loan servicers.(2)Applicability. (a) Persons exempt from the licensing and registration provisions pursuant to M.G.L. c. 93, § 24A(c) who conduct the business of a debt collector or third party loan servicer as defined in 209 CMR 18.02, shall be subject to the provisions governing fair debt collection and third party loan servicing practices at 209 CMR 18.15 through 18.24, and shall not be subject to the provisions of 209 CMR 18.03 through 18.14.(b) Any person licensed as a debt collector shall not be required to register as a third party loan servicer. However, any debt collector who engages in third-party loan servicing activities must comply with all pertinent state and federal laws and regulations governing third party loan servicers when acting in that capacity including, but not limited to, the provisions of 209 CMR 18.23 and 18.24.(c) A student loan servicer who engages in third-party loan servicing activities or debt collection activities within the scope of student loan servicing activities described in M.G.L. c. 93L shall comply with all applicable state and federal laws and regulations governing third party loan servicers and debt collectors when acting in such capacity.(d) Nothing contained in 209 CMR 18.00 shall limit the ability of the Commissioner to consider other information in determining whether or not to approve an application, or to require information in addition to that required by the application form provided to the applicant.Amended by Mass Register Issue 1448, eff. 7/1/2021.Amended by Mass Register Issue 1452, eff. 9/17/2021.