Debt Collector Harassment in Massachusetts
Debt collector harassment is the intimidation, bullying, abuse, or coercion of consumers into paying off the money they owe. In Massachusetts there are two things to consider when thinking about debt collection: harassment and misrepresentation. The presence of either of these things constitutes debt collector harassment and may require you to take legal action against the collector.
Debt Collector Harassment in Massachusetts
Massachusetts has instituted strict Debt Collection Regulations. Unlike the federal laws, these regulations apply to the original creditor as well as to a debt collection agency. A debt collector cannot call you more than twice a week regarding the same debt. In addition, they cannot call outside of your regular waking hours, assumed to be 8am to 9pm. Debt collectors must also identify themselves and the purpose of the call, and must always provide their contact information. Most importantly, you are protected from threats, profanity, and deception.
If you are a victim of any of these examples of harassment, you may have a right to sue the debt collector for violations of the Fair Debt Collection Practices Act (FDCPA). An experienced Massachusetts attorney can help you identify your options and build a strong case.
Misrepresentations
Misrepresentations by a debt collector refer to someone making false claims or accusations or using false, deceptive, or misleading practices. This also includes misrepresenting any debt you may have. See some examples of this and other Illegal Debt Collection Practices below:
- The amount of money you owe
- False threats saying they will have you arrested
- Saying they are an attorney if they aren’t one
- Threats to do something that the debt collector has no intention of doing
- Threats to take actions that are not within the confines of the law
If you think any Massachusetts debt collectors may have misrepresented themselves to you, it’s important to remember that you have options. Get in contact with an attorney that understands debt collector law.
Who Are Debt Collectors?
Most people don’t know what a debt collector is until they have one incessantly calling them about paying off debt. So, who are debt collectors? Who do they work for?
Collectors come from a debt collection agency that works with creditors who are owed debts. If you have outstanding debt in Massachusetts , such as credit debt, unpaid loans, and personal loans, your creditor may contact a debt collection agency. This agency then assigns a debt collector to your case.
Some of the debt collection agencies working out of Massachusetts include:
- American Credit Management
- Carter Business Service
- First Financial Resources
You can check the list provided by the Better Business Bureau for more, as well as for ratings and accreditation.
What Should You Do If You’ve Been Harassed By a Debt Collector In Massachusetts?
Step 1: Know Your Rights
If you think Massachusetts debt collectors are harassing you, then it’s important to become familiar with the Basics of the Fair Debt Collection Practices Act. The FDCPA was passed in 1977 to protect consumers from collection agencies. If a debt collector violates any of the harassment or misrepresentation rules, the victim has a right to sue the collector for violation of the FDCPA.
Step 2: Collect Records
If you’ve been harassed in Massachusetts by a debt collector, it’s important to gather evidence. MassLegalHelp suggests that you keep a journal of all debt collector phone calls. You should write down the date, time, name, and phone number of the person you talked to. Another option is to ask permission to record the call. However, it is illegal to record a Massachusetts phone call without the permission of all participants. Finally, make sure to keep copies of all written correspondence between you and the debt collector.
Step 3: Remain Calm and Act Deliberately
When you’re being abused or harassed by a bullish Massachusetts debt collector, it’s easy to get angry and act impulsively. Unfortunately, this can cause you to say or do something detrimental to your case. Instead, try to remain calm and make all your actions deliberate and well-thought-out. Not only will this be better for keeping your stress levels low, but it will prove helpful if you go to court. You can show that you were respectful and calm while the debt collector was the one using abusive language.
Step 4: Ask for Debt Verification
If you’re constantly getting phone calls from Massachusetts debt collectors harassing you about what you owe, you need to ask for debt verification. Not only will this show whether or not they are misrepresenting your debt, but the debt collector must also stop contacting you until they provide the information you requested. Debt verification should show the amount of debt you owe and the name of the creditor. You have 30 days to dispute the validity of the debt. If you don’t dispute the debt, the creditor will assume the debt is valid.
Step 5: Contact an Attorney
If you’re the victim of debt collector harassment, it’s time to stand up and fight back. You deserve to live a life free from abusive and repetitive phone calls. Massachusetts attorneys that understand What to Expect When Suing for Debt Collection Harassment, and local debt collection laws, can help you make this possible. If the debt collector threatens to or does take legal action regarding your outstanding debts, working with an attorney becomes even more important.
Step 6: Present Your Case
By hiring an experienced Massachusetts debt collector attorney, you have a better chance of winning the lawsuit and getting financial compensation for abuses such as phone harassment.
One of your first steps might be to file a complaint with the Massachusetts Attorney General. If you decide to pursue a lawsuit based on state law violations, you would file in your county’s District Court. Alternatively, your attorney might recommend filing a federal case, through the U.S. District Court. If you win your case, you can receive damages for any proven economic loss. Additionally, you can get injunctive relief, to stop all contact from the collector. It is important to note, however, that you may still owe the original debt.
Work With an Experienced Massachusetts Debt Collector Harassment Lawyer
If you’ve experienced debt collector harassment in Massachusetts, it’s time to put an end to it so you can move forward with life. There are laws in place to protect consumers from debt collectors. Legal assistance can help you to navigate these complex laws and defend yourself in court, if necessary.
Are you ready to find a debt collector attorney near you so you can finally fight back against the harassment? We can even help you connect with an attorney across Massachusetts state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
