Massachusetts Notice to Debt Collector - Unlawful Repeated or Continuous Telephone Calls

State:
Multi-State
Control #:
US-DCPA-32
Format:
Word; 
Rich Text
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Description

Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional.

Section 806 of the Fair Debt Collection Practices Act says a debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

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FAQ

The only permissible means of communicating is by regular mail. Alberta and Nova Scotia have a similar "three strikes" rule limiting the amount of contact from collectors within a seven-day consecutive period.

Federal law doesn't give a specific limit on the number of calls a debt collector can place to you. A debt collector may not call you repeatedly or continuously intending to annoy, abuse, or harass you or others who share the number.

Communication with Creditors and Collection Agencies The Attorney General's debt collection regulations prohibit: Calling you at home more than twice for each debt in any seven-day period, or more than twice for each debt in any 30-day period at some place other than your home, such as your place of work.

Also, debt collectors can't call you numerous times a day. Doing so is considered a form of harassment by the Federal Trade Commission (FTC) and is explicitly not allowed.

Even if the debt is yours, you still have the right not to talk to the debt collector and you can tell the debt collector to stop calling you. However, telling a debt collector to stop contacting you does not stop the debt collector or creditor from using other legal ways to collect the debt from you if you owe it.

The statute of limitations is a law that limits how long debt collectors can legally sue consumers for unpaid debt. The statute of limitations on debt varies by state and type of debt, ranging from three years to as long as 20 years.

Collection agencies should not be calling your employer except once to confirm your employment. They should not be speaking to family and/or friends unless those people are jointly responsible for the debt. Contact is limited to 3 times a week. It is only considered contact if you answer the phone and speak to them.

Also, debt collectors can't call you numerous times a day. Doing so is considered a form of harassment by the Federal Trade Commission (FTC) and is explicitly not allowed.

While an account in collection can have a significant negative impact on your credit, it won't stay on your credit reports forever. Accounts in collection generally remain on your credit reports for seven years, plus 180 days from whenever the account first became past due.

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Massachusetts Notice to Debt Collector - Unlawful Repeated or Continuous Telephone Calls