The United States District Court for the District of Massachusetts recently granted, in part, a motion for summary judgment in Powers v. Receivables Performance Management, LLC limiting the plaintiff’s damages in her Chapter 93A case to nominal damages. No. 4:21-cv-12125-MRG, 2025 LX 444693 (D. Mass. Sep. 25, 2025).

In Powers, a debt collection agency allegedly called a debtor an impermissible number of times and the plaintiff alleged a subsequent emotional distress injury. The plaintiff had no documents or medical records evidencing her emotional distress, nor any allegation of economic harm. Defendant accordingly moved for summary judgment. The district court held that the plaintiff’s minimal evidence was enough to allege a cognizable injury, however, the district court also held that, as a matter of law, the plaintiff’s evidence was onlyenough for nominal damages, not actual.

This case answers some questions for 93A litigants regarding what evidence plaintiffs need to proffer to prove actual damage when their alleged separate injury under Tyler v. Michaels Stores, Inc. is emotional distress. Absent additional evidence, they are limited to a recovery of nominal damages.

This article was authored by Abby M. Druhot