{"data":{"id":"us-ma/mass.-gen.-laws-ch.-106-9-628","jurisdiction":"us-ma","citation":"Mass. Gen. Laws ch. 106, § 9-628","heading":"Nonliability and Limitation on Liability of Secured Party; Liability of Secondary Obligor","body":"Section 9–628. (a) Limitation of liability to debtor or obligor. Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person:\n(1) the secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this article; and\n(2) the secured party's failure to comply with this article does not affect the liability of the person for a deficiency.\n(b) Limitation of liability to debtor, obligor, another secured party, or lienholder. A secured party is not liable because of its status as secured party:\n(1) to a person that is a debtor or obligor, unless the secured party knows:\n(A) that the person is a debtor or obligor;\n(B) the identity of the person; and\n(C) how to communicate with the person; or\n(2) to a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:\n(A) that the person is a debtor; and\n(B) the identity of the person.\n(c) Limitation of liability if reasonable belief that transaction not a consumer-goods transaction or consumer transaction. A secured party is not liable to any person, and a person's liability for a deficiency is not affected, because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on:\n(1) a debtor's representation concerning the purpose for which collateral was to be used, acquired, or held; or\n(2) an obligor's representation concerning the purpose for which a secured obligation was incurred.\n(d) Limitation of liability for statutory damages. A secured party is not liable to any person under Section 9–625(c)(2) for its failure to comply with Section 9–616.\n(e) Limitation of multiple liability for statutory damages. A secured party is not liable under Section 9–625(c)(2) more than once with respect to any 1 secured obligation.","path":["Part I","Title XV","Chapter 106","Article 9"],"source_url":"https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter106/Section9-628","current_through":"amendments passed before May 31, 2026","vintage":"","retrieved_at":"2026-09-17T05:22:32Z","sha256":"8903357a43b5ff656d74b8d025f0494f5911f7d836d1d99bbf0b265ecc691c15","source_id":"us-ma","stale":false,"prev":"us-ma/mass.-gen.-laws-ch.-106-9-627","next":"us-ma/mass.-gen.-laws-ch.-106-9-701"},"notice":"GroundRules: Original legal text. Not legal advice."}