Section 35 Limitations on creditors’ liability and consumer rescission rights - Massachusetts Statutes

Section 35. (a) For any consumer credit transaction subject to this chapter that is consummated before September thirtieth, nineteen hundred and ninety-five, a creditor or any assignee of a creditor shall have no civil, administrative or criminal liability under this chapter for, and a consumer shall have no extended rescission rights under section ten with respect to:

(1) the creditor’s treatment, for disclosure purposes, of:

(i) taxes described in clause (3) of subsection (d) of section four;

(ii) fees described in clauses (2) and (5) of subsection (e) of said section four;

(iii) fees and amounts referred to in clause (7) of subsection (e) of said section four;

(iv) borrower-paid mortgage broker fees referred to in clause (6) of subsection (a) of said section four.

(2) the form of written notice used by the creditor to inform the obligor of the rights of the obligor under the provisions of section ten if the creditor provided the obligor with a properly dated form of written notice published and adopted by the commissioner or a comparable written notice, and otherwise complied with all the requirements of this chapter regarding notice; or

(3) any disclosure relating to the finance charge imposed with respect to the transaction if the amount or percentage actually disclosed -

(i) may be treated as accurate for the purposes of this chapter if the amount disclosed as the finance charge does not vary from the actual finance charge by more than two hundred dollars;

(ii) may, under clause (2) of said subsection (a) of said section four, be treated as accurate for the purposes of section ten; or

(iii) is greater than the amount or percentage required to be disclosed under this chapter.

(b) Subsection (a) shall not apply to:

(1) any individual action or counterclaim brought under this chapter which was filed before June first, nineteen hundred and ninety-five;

(2) any class action brought under this chapter for which a final order certifying a class was entered before January first, nineteen hundred and ninety-five;

(3) the named individual plaintiffs in any class action brought under this chapter which was filed before June first, nineteen hundred and ninety-five; or

(4) any consumer credit transaction with respect to which a timely notice of rescission was sent to the creditor before June first, nineteen hundred and ninety-five.