Massachusetts AG Campbell files to block BlueHub Capital retroactive liability protections

Attorney General Andrea Campbell’s office has filed an amicus brief in the case involving Massachusetts homeowners suing BlueHub Capital for what they claim are predatory lending practices, a big win for the families suing the company.

In the documents filed in Suffolk Superior court yesterday, Campbell offers a response to the November filing by BlueHub Capital for the court to consider the recent passage of a new law that protects the company from litigation.

Massachusetts Governor Maura Healey signed her Economic Development bill into law on November 20th with a provision that protects BlueHub from being sued. Healey has deep ties to BlueHub Capital CEO Elyse Cherry, who has donated thousands of dollars to Healey’s campaigns through the years as well as hosting fundraisers for the governor.

But the recent filing by Campbell suggests changes to laws do not apply retroactively and that ruling to dismiss the case because of the new legislation could have “alarming consequences.”

The filing states:

“Relieving a defendant of liability for past actions that are alleged to have violated Chapter 93A at the time they occurred, based only on new legislation that does not speak to past conduct, would undercut the deterrent and protective purposes for the statue. For all these reasons, the Attorney General asks that the Court interpret the recent amendment to G.L. c. 244, S35C consistent with the usual presumptions against retroactivity, and that it therefore deny any Defendants’ request to apply the civil lability bar in that amendment to this case.”

BlueHub filed their notice of supplemental authority with the court just days after Healey signed the law into place.

You can read the complete Attorney General’s filing below: