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Debt collector making too many telephone calls

I'm almost certain that I'm dealing with a debt collector who's breaking the law by making too many telephone calls. Recently, they've called three and four times a week. Am I right that this violates MA law and, if so, can I sue them for damages under 93A?

Editor's Response

Yes, the conduct you describe violates Massachusetts General Laws Chapter 93, Section 49(c) as well as 209 CMR (Massachusetts Regulations) 18.14(d), which prohibits certain communications:

 

(d) if the debt collector engages any consumer in communication via telephone, initiated by the collection agency, in excess of two calls in each seven-day period at a consumer's residence and two calls in each 30-day period other than at a consumer's residence, for each debt, provided that for purposes of 209 CMR 18.14(1)(d), a creditor may treat any billing address of the consumer as his place of residence(.)

These laws and regulations also prohibit other behavior on the part of creditors and collection agencies, including (1) calling you at work after you have asked that they not; (2) using profane or obscene language; (3) contacting you directly after you have told the creditor you are represented by an attorney; and (4) talking to others, such as employers and neighbors, about your debt without your permission.  Also, Chapter 93, Section 49 specifically states that a "failure to comply with the provisions of this section shall constitute an unfair or deceptive act or practice under the provisions of chapter ninety-three A." 

 

Unfortunately, I believe the issue of whether you are entitled to monetary damages under 93A in cases such as this where you may not have suffered any actual damages is still 'up in the air.'  In other words, our courts have not offered any clear guidance.  Section 9 of Chapter 93A, however, also allows those injured by unfair and deceptive acts to seek an injunction against the offender.  Your best bet is to contact an attorney who does consumer protection and credit collection litigation and seek her opinion. An experienced attorney can also offer her opinion about whether the actions you describe violate federal law and whether such a violation entitles you to other types of remedies.

 

Another option is to call the Attorney General's Office at (617) 727-8400 to report the violations. Section 4 of Chapter 93A allows the Attorney General to "bring an action in the name of the commonwealth against such person to restrain by temporary restraining order or preliminary or permanent injunction the use of such method, act or practice."  For more information or to post a question, visit our MA Consumer Law Discussion Forum.  Good luck.

 

Damages

The minimum damages under 93a is $25 - even if you suffered no actual damages, plus attorney fees... In my opinion, you need to read up on the law then trap them with a violation. make sure you record the times they call so you can later pull their phone records to prove they violated the law...

Under Federal law, the damages are up to $1,000 plus attorney fees (I think)...

before you sue, make sure they have violated the mass law and have all your "ducks in a row"

good luck

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