We frequently hear about unscrupulous debt collectors who do a lot of abusive tactics just to collect money from debtors. However, it is not very clear to many how inappropriate such techniques are. In fact, a lot of these practices are so bad it is unbelievable.
According to CNN, some of these conduct which included threats of imprisoning the borrower, killing their pets, taking their child into custody and even threatening to dig up dead relatives who are unable to pay their funeral bills. The Fair Debt Collection Practices Act (FDCPA) considers all these practices illegal.
FDCPA and MCDCA
The FDCPA is a federal law enforced all over America. Each state implements it and some enact their own state laws to complement the FDCPA such as in Massachusetts.
The Massachusetts Consumer Debt Collection Act (MCDCA), along with the FDCPA, provides consumers with protection from unfair, harassing and misleading practices of debt collectors. With the MCDCA, the protection covers not only the collecting agency but also the original creditor.
Massachusetts has in fact shown the strength of the state debt collection and consumer protection laws when it went after a national mortgage servicer Ditech Financial, LLC. According to the Massachusetts attorney general website, the company paid a total of $1.4 million in damages for adversely affecting 5,000 accounts.
Some of the allegations against Ditech included high volume of calls made by debt collectors and the failure of the collecting agency to provide notices about the debt, in violation of the FDCPA and the MCDCA. It was reported that Ditech agreed to comply with the laws and change its practices.
Get Advice from a Massachusetts FDCPA Attorney
A creditor can sue debtors who defaulted from their payments. However, a statute of limitation dictates the period of time by which a lawsuit can be filed and it differs according to state. In Massachusetts, the statute of limitation for consumer debts is six years. The consumer debts covered by the FDCPA includes the following:
- Credit card debts;
- Promissory notes, such as medical bills;
- Orally acquire debts, such as, unsigned memos;
- Debts obtained via written contracts, such as car loans, utility bills; and
- Others loans which are personal in nature, such as student loans, funeral bills, and overdraft charges, among others.
A creditor cannot file a legal complaint against for failing to pay your debt that has gone beyond the statute of limitation. Unfortunately, there are collection agencies which still do just to force you to pay. A Massachusetts FDCPA attorney can turn the tables on them and be the one to claim for damages for such practices.
Through the FDCPA and the MCDCA laws, residents of Boston, Worcester, and even those of Pepperell are protected against violating debt collectors since it is applied statewide. An FDCPA attorney in Massachusetts can assist you with your claim for damages.
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Avail of Free Evaluation
You can get a Free Evaluation with no strings attached. You will only be guided as to how the law applies to your situation. Only when you decide that you need a Massachusetts FDCPA attorney to handle your claim for you will you be referred to one immediately.