Fair Debt Collection Practices Act, Federal Trade Commission
The primary federal law governing consumers' rights in debt collection.
Selected case law
Armata v. Target, 480 Mass. 14 (2018)
Regulations prohibiting calling a debtor more than twice a week, unless the creditor truly cannot reach the debtor or leave a message, apply to a creditor who did not reach the debtor but chose not to leave a message. Helpful discussion of state and federal law.
Dorrian v. LVNV Funding, LLC, 479 Mass. 265 (2018)
"This court concluded that a “passive debt buyer,” i.e., an entity that buys debt for investment purposes and then hires licensed debt collectors or attorneys to collect the debt on its behalf, was not a “debt collector” within the meaning of G. L. c. 93, § 24, and therefore did not need a license to operate."
Schaefer v. ARM Receivable Management, Inc., (US Dist. Ct. Mass., July 19, 2011)
A debt collector does not have to tell a debtor that interest may accrue. A debt collector can continue to contact a debtor to seek "voluntary repayment of a time-barred debt."
Court forms for consumer debt collection (Civil Rules 8.1 and 55.1)
Forms to use for collection actions against consumers involving debts arising out of revolving credit agreements (effective January 1, 2019)
The Attorney General's guide to fair debt collection, Mass. Attorney General
A brief guide outlining your rights under fair debt collection laws
Consumer rights for domestic violence survivors in Massachusetts, National Consumer Law Center, 2011
"The information in this packet is intended to help you: Separate your finances from your abuser; Deal with any existing debts; Stay financially independent in the future and avoid traps and scams; and Get more help and information with these issues."
Debt collection, Consumer Financial Protection Bureau.
"Did you know that debt collectors generally can’t call you after 9 p.m.? Learn about debt collection, harassment, and more by searching or browsing."
Debt negotiations: common mistakes, Nolo.com
Avoid these common pitfalls when you are negotiating with creditors to reduce debt.
How to protect your clients' cash and assets under new Massachusetts personal property exemptions, by Robert J. Hobbs and Hon. Carol J. Kenner, NCLC, 2011
Terrific piece that explains changes in exempt property law with examples illustrating when rights should be asserted and plenty of cites to relevant laws
I have debt - help!, Mass. Legal Help, June 2012
Great resource covers rights and responsibilities, credit reports, debt collectors, going to court, What can I do about my bills?, Which debts do I pay first? and more.
If a creditor takes you to court for unpaid bills, Mass. Legal Help, June 2012
Covers everything you need to know about being sued for debts, with all the steps in the process
Implementation of Mass. R. Civ. P. 8.1, Special requirements for certain consumer debts and Mass. R. Civ. P. 55.1, Special requirements for defaults and default judgments for certain consumer debts, December 2018
Helpful information on basic procedures in the courts handling rule 8.1 and 55.1 matters.
The Massachusetts debt collection regulations - latest consumer class action trend, National Law Review, April 2019
Explains the "unfair and deceptive acts" under MGL c.93A that are defined by the regulations in 940 CMR 7.00. Great overview of the types of conduct by creditors that are prohibited.
Paying the debts of a deceased relative: who is responsible?, Findlaw
"After a relative dies, the last thing grieving family members may expect are calls from debt collectors asking them to pay their loved one’s outstanding debts. According to the Federal Trade Commission (FTC), the nation’s consumer protection agency, a surviving relative usually has no legal obligation to pay the debts of a family member who has died. In fact, the rights of surviving relatives are covered by the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you."
Solve your money troubles: get debt collectors off your back , Nolo, 2017
Includes information on secured debt, negotiating with your creditors, student loans, credit cards, bankruptcy and more. Requires library card for access
Substantive defenses to consumer debt collection suits, Mass. Legal Services
"Extensive materials from a training on defending debt collection suits. Topics covered include: Interviewing clients and evaluating cases, Collection case procedures in district court, Supplementary process." Includes "an overview of the law as well as forms and sample pleadings."
Time-barred debts: understanding your rights when it comes to old debts, Federal Trade Commission
There is no statute of limitations on billing for an old debt, but but there are statutes of limitations for filing lawsuits and for reporting the debts to the credit reporting agencies. Important information about your options if a debt collector contacts you about an old debt.
Vehicle repossession, Federal Trade Commission
Not specific to Massachusetts, includes general information on what happens if your car is repossessed, including details such as what happens when a creditor sells your car, what happens to your personal property inside the car, and more.n rights should be asserted and plenty of cites to relevant laws
Collection law, Mass. practice v.48-48A , West Group, with supplement.
Fair debt collection, NCLC, with supplement.
Handbook of civil procedure in the Massachusetts district court, Supplementary Process, chapter 13, Lawyers Weekly, 2018.
|Last updated:||April 30, 2019|