Types of debt collectors
There are many types of debt collectors:
Debt collector - A debt collector is any person whose business it is to collect or attempt to collect debt owed or due to another person and/or company. Debt collectors need a license through the Division of Banks (DOB). All debt collectors are subject to state and federal debt collection laws and regulations.
Debt buyer – A debt buyer purchases debt that is already in default. The debt buyer then attempts to collect on the purchased debt. Debt buyers need a license through the DOB. All debt buyers are subject to state and federal debt collection laws and regulations.
Passive debt buyer - A passive debt buyer purchases delinquent debts for investment purposes only. Passive debt buyers do not directly collect on the debt. Passive debt buyers hire a licensed debt collector or attorney to collect the purchased debts. Licenses are not required for passive debt buyers if a licensed debt collector or an attorney collects the debt.
Attorney collecting debt – An attorney licensed to practice law in Massachusetts does not need a license through the DOB to collect debt on behalf of a client. Attorneys collecting debt are subject to the Supreme Judicial Court’s Rules of Professional Conduct, the disciplinary oversight of the Board of Bar Overseers, restrictions of the Fair Debt Collection Practices Act (FDCPA), and the debt collection regulations of the Attorney General’s office.
If contacted about debt
If a debt collector contacts you, do not give out any personal information (account numbers, social security number, etc.) until you first:
- Request verification of a disputed debt in writing.
- Check the licensing status with the DOB of a debt collector or the Bar status of an attorney.
Once you have confirmed the debt and verified the debt collector you should:
- Create a paper trail. Keep a record of the date, time and name of the individual contacting you. Put your requests and responses in writing.
- If you do in fact owe the debt, plan to repay any undisputed obligation(s). Set up a payment plan you can maintain and provide that to the creditor or debt collector in writing.
A debt collector must abide by laws and regulations when contacting you. Below are things a debt collector must do, can do, and cannot do when attempting to collect a debt.
You may contact the Division of Banks or submit a complaint if you have questions or concerns about your contact with a debt collector.
A debt collector MUST:
- Tell you the amount of the debt and the name of the creditor collecting the debt. This must be done at the first communication or within five days of the contact.
- During the first communication disclose they are attempting to collect a debt and any information will be used for that purpose.
- Disclose the name of the creditor or debt collection company and the name of the person making contact.
- Within 30 days of your request tell you the name and address of the original creditor.
- Communicate directly with your attorney if you provide his/her information to the debt collector.
- Notify you in writing within 30 days of the initial contact of your right to not have collection telephone calls made to your place of work.
A creditor or debt collector CAN:
- Assume a debt is valid if it is not disputed within 30 days of contact.
- Contact any person, including family and friends, to get your address or contact information.
- Call you at home and come to your house during normal working hours (8:00 A.M. to 9:00 P.M). These visits may only occur twice in any seven day period.
- Collect expenses more than the amount owed.
A debt collector CANNOT:
- Discuss your debt with third parties - such as friends or neighbors without your direct consent or judicial authority.
- Represent or imply they are affiliated with the federal government or any state. This includes distributing any document falsely representing that it is authorized by any court or government agency.
- Use or threat to use violence or criminal means to cause physical harm, or harm to your reputation or property.
- Seize certain funds and property to meet an outstanding debt.
There are extra protections in place if you are over 60 years old or handicapped. These protections ensure that financially distressed Massachusetts residents are able to maintain the basic necessities of life.