(1) A creditor may assume that all contacts
directed to the debtor's household are received either by the debtor or persons
residing in the household of the debtor unless the creditor knows or should
know information to the contrary.
(2) It shall constitute an unfair or
deceptive act or practice for a creditor to imply the fact of a debt, orally or
in writing, to persons who reside in the household of a debtor, other than the
debtor.
(3) It shall constitute an
unfair or deceptive act or practice for a creditor to contact or threaten to
contact persons who reside in the household of a debtor, other than the debtor,
in any of the following ways:
(a) Using
profane or obscene language;
(b)
Placing telephone calls, disclosing the name of the business, or company of the
creditor, unless the recipient expressly requests disclosure of the business or
company name;
(c) Causing expense
to any such person in the form of collect or long distance telephone calls,
text messaging, download fees, data usage fees or other similar
charges;
(d) Engaging any such
person in non-identifying communication via telephone with such frequency as to
be unreasonable or to constitute harassment to such person under the
circumstances, and engaging any person in communications via telephone,
initiated by the creditor, in excess of two calls in each seven-day period at a
debtor's residence and two calls in each 30-day period other than at a debtor's
residence, for each debt;
(e)
Placing telephone calls at times known to be times other than the normal waking
hours of the person called, 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;
(f) Visiting the place of employment of any
such person, unless requested by such person
(g) Confronting or communicating in person
with any such person regarding the collection of a debt in a public place,
excluding courthouses, the creditor's place of business, other places agreed to
by the person, offices of the person's attorney or of the attorney for the
creditor or debtor, or places where the conversation between the creditor and
such person cannot reasonably be overheard by anyone not authorized by such
person;
(h) Using language on
envelopes or on any other printed or written materials, except materials
enclosed in sealed envelopes, indicating or implying that the communication
relates to the collection of a debt, which in the normal course of business may
be received or examined by any such person residing in the household of a
debtor;
(4) Nothing in
940 CMR 7.05 shall prohibit any contact required by law to be made by a
creditor or attorney acting on his or her behalf engaged in collection
activities, including notices required prior or subsequent to
repossession.
