Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 7.00 - Debt Collection Regulations › Section 7.04 - Contact with Debtors

Current through Register 1525, July 5, 2024
(1) It shall
			 constitute an unfair or deceptive act or practice for a creditor to contact a
			 debtor in any of the following ways:
(a)
			 Threatening to sell or assign to another the obligation of a debtor with an
			 attending representation or implication that the result of such sale or
			 assignment would be that a debtor would lose any defense to the claim or would
			 be subjected to harsh, vindictive or abusive collection attempts;
(b) Threatening that nonpayment of a debt
			 will result in:
1. Arrest or imprisonment of
			 any debtor; or
2. Seizure,
			 garnishment, attachment, or sale of any property or wages of any person or the
			 taking of other action requiring judicial order without informing the debtor
			 that there must be in effect a judicial order permitting such action before it
			 can be taken or unless such action is lawful and the creditor intends to take
			 such action; or
3. Any action that
			 cannot legally be taken or that is not intended to be taken.
(c) Using profane or obscene
			 language;
(d) Communicating by
			 telephone without disclosure of the name of the business or company of the
			 creditor and without disclosure of the first and last name of the individual
			 making such communication or a first name and a personal identifier for such
			 individual such as a code or alias, provided however, that any such individual
			 utilizing a personal identifier shall only use one such personal identifier at
			 all times and provided that a mechanism is established by the creditor to
			 identify the person using such personal identifier;
(e) Causing expense to any debtor in the form
			 of long distance or collect telephone calls, text messaging, download fees,
			 data usage fees, or other similar charges, except the creditor may place
			 non-collect telephone calls to the debtor's place of residence, cellular
			 telephone, or other telephone number provided by the debtor as his or her
			 personal telephone number, subject to the limitations set forth in 940 CMR
			 7.04(1)(f);
(f) Initiating a
			 communication with any debtor via telephone, either in person or via text
			 messaging or recorded audio message, in excess of two such communications in
			 each seven-day period to either the debtor's residence, cellular telephone, or
			 other telephone number provided by the debtor as his or her personal telephone
			 number and two such communications in each 30-day period other than at a
			 debtor's residence, cellular telephone, or other telephone number provided by
			 the debtor as his or her personal telephone number, for each debt, provided
			 that for purposes of 940 CMR 7.04(1)(f), a creditor may treat any billing
			 address of the debtor as his or her place of residence, and provided further,
			 that a creditor shall not be deemed to have initiated a communication with a
			 debtor if the communication by the creditor is in response to a request made by
			 the debtor for said communication;
(g) Placing telephone calls at times known to
			 be times other than the normal waking hours of a debtor, or if normal waking
			 hours are not known, at any time other than between 8:00 A.M. and 9:00 P.M.
			 eastern time;
(h) Placing any
			 telephone calls to the debtor's place of employment if the debtor has made a
			 written or oral request that such telephone calls not be made at the place of
			 employment, provided, that any oral request shall be valid for only ten days
			 unless the debtor provides written confirmation postmarked or delivered within
			 seven days of such request. A debtor may at any time terminate such a request
			 by written communication to the creditor;
(i) Failing to send the debtor the following
			 notice in writing within 30 days after the first communication to a debtor at
			 his or her place of employment regarding any debt, provided that a copy of the
			 notice shall be sent every six months thereafter so long as collection activity
			 by the creditor on the debt continues and the debtor has not made a written
			 request as described in 940 CMR 7.04(1)(h).
NOTICE OF IMPORTANT RIGHTS
YOU HAVE THE RIGHT TO MAKE A WRITTEN OR ORAL REQUEST THAT
				TELEPHONE CALLS REGARDING YOUR DEBT NOT BE MADE TO YOU AT YOUR PLACE OF
				EMPLOYMENT. ANY SUCH ORAL REQUEST WILL BE VALID FOR ONLY TEN DAYS UNLESS YOU
				PROVIDE WRITTEN CONFIRMATION OF THE REQUEST POSTMARKED OR DELIVERED WITHIN
				SEVEN DAYS OF SUCH REQUEST. YOU MAY TERMINATE THIS REQUEST BY WRITING TO THE
				CREDITOR.
(j) Visiting the
			 household of a debtor at times other than the normal waking hours of such
			 debtor, or if normal waking hours are not known, at any time other than between
			 8:00 A.M. and 9:00 P.M., eastern time provided however that in no event shall
			 such visits, initiated by the creditor, exceed one in any 30-day period for
			 each debt, excluding visits where no person is contacted in the household,
			 unless a debtor consents in writing to more frequent visits, provided, further,
			 that at all times the creditor must remain outside the household unless
			 expressly invited inside by such debtor; and provided further, that visits to
			 the household of a debtor which are solely for the purpose of repossessing any
			 collateral or property of the creditor (including but not limited to credit
			 cards, drafts, notes or the like), are not limited under 940 CMR
			 7.04(1)(j);
(k) Visiting the place
			 of employment of a debtor, unless requested by the debtor, excluding visits
			 which are solely for the purpose of repossessing any collateral or property of
			 the creditor;
(l) Confronting or
			 communicating in person with a debtor regarding the collection of a debt in a
			 public place, excluding courthouses, the creditor's place of business, other
			 places agreed to by a debtor, offices of an attorney for the creditor, or
			 places where the conversation between the creditor and a debtor cannot be
			 reasonably overheard by any other person not authorized by the
			 debtor;
(m) Stating that the
			 creditor will take any action, including legal action, which in fact is not
			 taken or attempted on such debtor's account, unless an additional payment or a
			 new agreement to pay has occurred within the stated time period. For purposes
			 of 940 CMR 7.04(1)(m), the time period in connection with such statement shall
			 be presumed to expire 14 days from the date the statement is made, unless
			 otherwise indicated by the creditor;