Your Rights Under the Fair Debt Collection Practices Act (and Its Massachusetts Counterpart)

The Fair Debt Collection Practices Act protects consumers from illegal debt collection practices. What are some of the most important protections that it provides?

• When a debt collector acquires an account, it must send you a validations rights notice, telling you that you have the right to dispute a debt, and that if you send a dispute within 30 days of the letter, they will provide you with the name of the original creditor. If you dispute a debt, the debt collector must stop most collection activities. 15 USC 1692g.
• You have the right to not be contacted if you don’t want to be by sending a request in writing to the debt collector. (Always send it by certified mail, because the debt collector will lie and claim to have not received it.) 15 USC 1692c.
• You have the right to not be contacted at work if your employer doesn’t want you do be contacted there, or if you request to not be contacted there. 15 USC 1692c.
• Debt collectors cannot contact family, friends, or even your spouse to tell them about the debt. 15 USC 1692c.
• Lawsuits against you can’t be filed in inconvenient locations that will make it hard for you to go to court. 15 USC 1692i.
• You cannot be contacted if you are represented by a lawyer. 15 USC 1692c.
• No obscene or profane language, or physical threats. 15 USC 1692d.
• No pretending to be associated with law enforcement. 15 USC 1692d.
• No lying about anything. 15 USC 1692e.
• Repeated phone calls. 15 USC 1692d.
• No phone calls before 8:00 a.m. or after 9:00 p.m. 15 USC 1692d.
• Anything else that may be false, misleading, or deceptive, or unfair. 15 USC 1692e, 15 USC 1692f.

Additionally, Massachusetts has its own version of the FDCPA that have similar rights, in regulations issued by the Massachusetts Division of Banks. These are codified at 209 CMR 18.00, et seq. The Massachusetts Attorney General has also issued regulations that expand your protections against original creditors, not just debt collectors. These are codified at 940 CMR 7.00.

So, what happens if the debt collector violates the FDCPA? You are entitled to up to $1,000 plus costs and attorney’s fees. This means that in most cases an attorney like Culik Law will be able to take your case for no cost to you.

Culik Law can provide you with a free, no-obligation consultation about your rights.