Massachusetts Debt Collection Regulations – Know Your Rights
Unlike the federal Fair Debt Collection Practices Act, these regulations apply to all creditors, regardless of whether they are the original creditor or a debt collector. The complete regulations are available here, but the following regulations are particularly important:
Debt Validation: If you notify a creditor within 30 days of their initial communication with you that any portion of the debt is disputed, then they must provide detailed documentation to validate their claim. They must cease collection activity until this information is provided.
Exessive Collection Calls: A creditor cannot call your home or cell phone more than 2 times each week. They cannot call you at work more than 2 times each month, and all calls to your workplace must stop after a written request to do so.
Timing of Collection Calls: A creditor may not call you before 8:00am or after 9:00pm.
False or Misleading Representations: A creditor cannot misrepresent the character or status of any debt, or threaten to take any action against you that they can’t or don’t intend to actually take.
Time-Barred Debts: A creditor cannot attempt to collect a debt that is beyond the statute of limitations, unless that unenforceable status is disclosed to you directly.
Violations of these laws are taken seriously, and can often be accompanied by similar violations of the Fair Debt Collection Practices Act or the Massachusetts Division of Bank Debt Collector Regulations.
If your rights have been violated, then you may be owed monetary damages and attorney’s fees. Don’t stand for creditor harassment and abuse. Please contact us today for a free consultation.
Culik Law is a Massachusetts Law Firm. The posts on Culik Law’s blog are not intended as legal advice. If you have questions about your particular situation, CONTACT CULIK LAW for a Free Consultation.