(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.
(2)
Communication with Third
Parties. Except as provided in 209 CMR 18.16, without the prior
consent of the consumer given directly to the debt collector, or the express
permission of a court of competent jurisdiction, or as reasonably necessary to
effectuate a postjudgment judicial remedy, a debt collector may not
communicate, in connection with the collection of any debt, with any person
other than the consumer, his or her attorney, a consumer reporting agency if
otherwise permitted by law, the creditor, the attorney of the creditor, or the
attorney of the debt collector.
(3)
Ceasing Communication. If a consumer notifies a debt
collector in writing that the consumer refuses to pay a debt or that the
consumer wishes the debt collector to cease further communication with the
consumer, the debt collector shall not communicate further with the consumer
with respect to such debt, except:
(a) to
advise the consumer that the debt collector's further efforts are being
terminated;
(b) to notify the
consumer that the debt collector or creditor may invoke specified remedies
which are ordinarily invoked by such debt collector or creditor; or
(c) where applicable, to notify the consumer
that the debt collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification
shall be complete upon receipt.
(4) For the purpose of 209 CMR 18.16, the
term "consumer" includes the consumer's spouse, parent (if the consumer is a
minor), guardian, executor, or administrator.
