Code of Massachusetts Regulations › 209 CMR - DIVISION OF BANKS AND LOAN AGENCIES › Title 209 CMR 18.00 - Conduct of the business of debt collectors, student loan servicers, and third party loan servicers › Section 18.16 - Communication in Connection with Debt Collection

Current through Register 1525, July 5, 2024
(1)
Communication with the
			 Consumer Generally
. Without the prior consent of the consumer
			 given directly to the debt collector or the express permission of a court of
			 competent jurisdiction, a debt collector may not communicate with a consumer in
			 connection with the collection of any debt:
(a) at any unusual time or place or a time or
			 place known or which should be known to be inconvenient to the consumer. In the
			 absence of knowledge of circumstances to the contrary, a debt collector shall
			 assume that the convenient time for communicating with a consumer is after 8:00
			 A.M. and before 9:00 P.M at the consumer's location;
(b) if the debt collector knows the consumer
			 is represented by an attorney with respect to such debt and has knowledge of,
			 or can readily ascertain, such attorney's name and address, unless the attorney
			 fails to respond within a reasonable period of time to a communication from the
			 debt collector or unless the attorney consents to direct communication with the
			 consumer;
(c) at the consumer's
			 place of employment if the debt collector knows or has reason to know that the
			 consumer's employer prohibits the consumer from receiving such communication;
			 or if the consumer 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 consumer provides written confirmation
			 postmarked or delivered within seven days of such request. A consumer may at
			 any time terminate such a request by written communication to the debt
			 collector;
(d) if the debt
			 collector engages any consumer in communication via telephone or via text
			 messaging, initiated by the debt collector, in excess of two such
			 communications in each seven-day period to a consumer's residence or cellular
			 telephone and two such communications in each 30-day period other than at a
			 consumer's residence, or cellular telephone for each debt, provided that for
			 purposes of 209 CMR 18.16(1)(d), a creditor may treat any billing address of
			 the consumer as his or her place of residence; or
(e) if the debt collector fails to send the
			 consumer the following notice in writing within 30 days after the first
			 communication to a consumer 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 collection agency on the debt
			 continues and the consumer has not made a written request as described in 209
			 CMR 18.16(1)(c):
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
				debt collector.