Massachusetts Debt Collection
In Massachusetts, debt collection is governed by Massachusetts General Law. Debt collection harassment is illegal. Collectors can't call you at home more than twice a week, they can't tell your neighbors about your debt, you can request and they must stop calling you at work, and they can't threaten you with action they do not plan to actually use. Federal law also gives you the right to request in writing that collection agencies stop all collection contacts with you. Federal law also provides for dispute of problems you have with a product or service you bought with a credit card. You dispute the charge with the card issuer, and they may be able to take it off your bill. If this does not work then Massachusetts also offers the consumer an additional resolution method through mediation directly with the company that sold you the goods or services. (See Massachusetts Consumer Programs).
If the debt collection is related to a dispute with the merchant you have further protection not offered in other states. In Massachusetts when you buy a product from a merchant, by state law it has an automatic warranty that the product will function normally, for its intended purpose, for a reasonable period of time. In law terms, an implied warranty of merchantability. If the product is defective when purchased, or becomes defective during the period of the store or manufacturer warranty, both the seller and the manufacturer are responsible for making it right. Under Massachusetts law, a merchant can't sell a product "as is." A store's regular return policy does not apply in the case of defective goods.
The Consumer Complaint and Information Section has two principal functions: to answer questions on the Consumer Hotline and to provide mediation services to consumers who file a written complaint. In 2002, the Complaint Section received over 85,000 calls and over 13,000 written complaints. Mediation returned over $670,000 to consumers. Inquiries and complaints handled by this mediation service include, debt collection, retail sales, new and used car lemon law, lemon aid law, tenant rights, Internet transactions, and home improvement contractor fraud. Additional information on these services is available in brochures on a particular topic. To get a copy of a brochure or a complaint form, you can call (617) 727-8400. remember though, they are there to provide mediation service only, they can't provide any legal guidance or represent you personally. |
