Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 7.00 - Debt Collection Regulations
Section 7.06 - Contact with Other Persons Regarding a Debt
Universal Citation: 940 MA Code of Regs 940.7
Current through Register 1531, September 27, 2024
The following shall apply to contact with persons not covered by 940 CMR 7.04 and 7.05:
(1) It shall constitute an unfair or deceptive act or practice for a creditor to contact or threaten to contact persons in connection with a debt in any of the following ways:
(a) Implying the fact of the debt to any such
person;
(b) Using language on
envelopes or any other printed or written materials, except materials enclosed
in sealed envelopes, indicating or implying that the contact relates to the
collection of a debt, which in the normal course of business, may be received
or examined by persons other than the debtor;
(c) Causing expense to any person in the form
of collect or long distance telephone calls, text messaging, download fees,
data usage fees or other similar charges.
(2) The following contacts shall not be deemed unlawful:
(a) Any contact with any such
persons which results solely from efforts to contact the debtor at the debtor's
place of residence or at places other than a debtor's residence via telephone
pursuant to
940 CMR
7.04(1)(f), provided the
creditor limits the contact to disclosing only the first and last name of the
individual making such communication on behalf of the creditor or a first name
and unique personal identifier established by the creditor to identify the
person making such communication, and the telephone number to which the debtor
may return the telephone call, unless the recipient expressly requests the
disclosure of the business or company name; and provided further, that with
respect to contacts made at the debtor's place of employment, the debtor has
not made a request pursuant to
940 CMR 7.04(1)(h)
that such contact not be made;
(b) Any contact with any such persons made
for the purpose of and limited to determining the current location of the
debtor, provided the creditor, after making reasonable attempts to locate the
debtor, does not have correct information as to the debtor's current residence
or location and provided further, that the creditor reasonably believes that
the earlier response of such person, if any, is erroneous or incomplete and
that such person now has correct or complete locational information, and in no
event shall such contacts exceed three per such person in any 12-month period
for each debt. The creditor in making said contacts may reveal only the first
and last name of the individual making such communication on behalf of the
creditor or a first name and unique personal identifier established by the
creditor to identify the person making such communication, unless the recipient
expressly requests the disclosure of the business or company name. Any contacts
at the debtor's place of employment, made pursuant to 940 CMR 7.06, shall be
lawful, unless a request was made by the debtor, pursuant to
940 CMR
7.04(1)(h), that such
contacts not be made;
(c) Any
contact with respect to such debt to any attorney or other person employing or
employed by the creditor, or to any attorney employed by the debtor; to a
consumer reporting agency; or, where there are actual negotiations or
arrangements for assigning or purchasing or settling of accounts, to potential
assignees or purchasers or the like; or to persons who have any interest in
property securing all or part of the debt; or to any bona fide
credit counseling agency not connected to the creditor and designated in
writing by the debtor;
(d) Any
communication of the fact of such debt by an attorney involved in litigation in
connection with such debt, or after a judgment on the debt has been entered by
a court of competent jurisdiction;
(e) Any contact required by law to be made by
a creditor engaged in collection activities, including notices required prior
or subsequent to repossession.
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