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Massachusetts

Debt Collection Harassment

 

Debt collection harassment takes many forms. Under the Fair Debt Collection Practices Act, called the FDCPA, harassment is defined as any conduct that would harass, oppress, or abuse anyone. This includes:

 

  1. Threatening harm to you or your property.
  2. Using obscene or profane language.
  3. Publishing your name in a list of consumers who have not paid a debt.
  4. Advertising a sale of your debt in order to coerce payment.
  5. Causing a phone to ring repeatedly with the intent to annoy you.

 

But, this is a non-exhaustive list, and the FDCPA recognizes that debt-collection harassment can take many other forms. This same conduct is also prohibited under the Massachusetts Consumer Protection Act, called Chapter 93A. You have the right to demand that a debt collector stop contacting you, whether they are contacting you at home or at work.

 

If you are being harassed by a debt collector, one of the most important things you can do is begin keeping evidence of the harassment. Judges and juries cannot make a decision having evidence in front of them. This evidence is typically in the form of a phone log of what was said to you, when, and by whom.

 

Our office can take action against the debt collector on your behalf, usually at no cost to you. If you suffered from emotional distress or medical symptoms as a result of the harassment, you may be entitled to additional damages.