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 18.15 - Acquisition of Location Information - Debt Collection
Current through Register 1531, September 27, 2024
Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall:
(1) identify himself or herself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;
(2) not state that such consumer owes any debt;
(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;
(4) not communicate by postcard;
(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt;
(6) not cause expense to any such person in the form of long distance telephone calls, text messaging, download fees, data usage fees, or other similar charges; and
(7) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector.
