Debt Collection
If
you owe money to creditors and/or they sell your debt to a collection
agency, creditors or collection agencies might call or visit you
incessantly until the debt is paid.
State Law
The State Consumer Protection Act protects consumers from certain
debt collection practices. Under this act, creditors and collection
agencies may not:
- 1. Call you at home more than twice a week for each debt.
- 2. Call you outside of the home more than twice in each 30 day period for each debt.
- 3. Call you without identifying the name of the creditor and the name of the person calling.
- 4. Call
you at times other than your normal waking hours. If your waking hours
are unknown, then the creditor or collector can only call between 8 AM
and 9 PM.
- 5. Visit your home at times other than between 8 AM and 9 PM.
- 6. Visit your home more than once in each 30 day period for each debt, unless given permission to do so.
- 7. Cause you to be charged for long distance calls.
- 8. Call
you at work if so requested. An oral request is valid for only 10 days
unless it is confirmed in writing within a week. Written requests stay
in place until you request that the restriction be removed.
- 9. Contact you directly if told only to contact your attorney.
- 10. Falsely threaten to take legal action.
- 11. Use profane or obscene language.
- 12. Tell others about your debt.
- 13. Send
collection notices in a way that openly indicates or implies that you
owe a debt (i.e.: sending postcards or letters with descriptive return
addresses.)
Federal Law
Federal law also provides consumers with protection against debt collection agencies (but not creditors). Collectors must:
- • Verify
your debt. They must stop calling if you send the agency a letter
within thirty days of the first contact stating that you do not owe a
debt. The agencies need proof of the debt in order to continue their
collection activities.
- • Stop contacting you if you write a letter requesting that they do so.
For complaints about collection agencies, please contact:
Division of Banks
1 South Station, 3rd Floor
Boston, Massachusetts 02110
(617) 956-1501
For complaints about creditors, please contact:
The Office of the Attorney General
(617) 727-8400
Additional Resources:
*
Massachusetts Attorney General’s Office
*
Massachusetts Department of Consumer Affairs and Business Regulation
*
Federal Trade Commission (PDF)
