Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1182

Introduced
2/27/25  

Caption

Relative to litigation financing

Impact

The enactment of HB 1182 would significantly affect the state laws governing litigation financing, particularly by introducing stringent requirements on commercial litigation financiers. The bill ensures that these financiers owe a fiduciary duty to claimants, cannot influence legal decisions, and must disclose the existence of financing agreements. Moreover, the bill provides mechanisms for the regulatory oversight of the sector, including annual reporting requirements for financiers that operate in the state. Overall, it seeks to foster a more secure environment for claimants seeking financing for their legal actions.

Summary

House Bill 1182 is an act relative to litigation financing, aimed at regulating the practices of commercial litigation financiers in Massachusetts. The bill establishes a framework under Chapter 167K of the General Laws, which mandates that commercial litigation financiers must register with the state before entering into financing agreements concerning litigation. The legislation defines key terms related to litigation financing agreements and outlines the duties and responsibilities of financiers, including the disclosure of such agreements to claimants and their attorneys. This level of regulation aims to ensure transparency in the financing of legal claims.

Contention

Noteworthy points of contention surrounding HB 1182 may arise from the varying perspectives of stakeholders involved in the legal and financial sectors. Proponents of the bill argue that regulation is necessary to protect claimants from potential predatory practices by financiers that could exploit their desperation for funding in legal battles. Conversely, opponents may express concerns over the constraints placed on law firms and financiers, arguing that such regulations could limit access to funding essential for pursuing legitimate legal claims. The balance between protecting consumers and ensuring that legitimate financing options remain available is a crucial aspect of the discussions surrounding this legislation.

Companion Bills

MA H5224

Replaced by Study Order

Previously Filed As

MA S680

To provide transparency in third party litigation financing

MA H1861

Providing transparency in third party litigation financing

MA SB2101

AN ACT to amend Tennessee Code Annotated, Title 47, relative to litigation financing.

MA HB1329

Foreign Third-Party Litigation Financing

MA HB1298

Third-Party Litigation Financing - Licensing and Regulation

MA H1157

Litigation Financing

MA SB985

Consumer Protection - Third-Party Litigation Financing

MA SB511

Generally revising laws related to litigation financing

MA SB1215

Litigation; financing; consumer protection; enforcement

MA SB175

Create provisions governing litigation financing.

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