­ Massachusetts Fair Debt Collection Practices Act | Stop Debt Collection Harassment
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Massachusetts Fair Debt Collection Practices Act

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Chapter 93: Section 24. Definitions

Section 24. As used in sections 24 to 28, inclusive the following words shall have the following meanings, unless the context requires otherwise:—

“Commissioner”, the commissioner of banks.

“Consumer”, any natural person obligated or allegedly obligated to pay any debt.

“Creditor”, any person who offers or extends credit creating a debt or to whom a debt is owed, but the term shall not include a person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of the debt for another.

“Debt”, any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not the obligation has been reduced to judgment.

“Debt collector”, any person who uses an instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of a debt, or who regularly collects or attempts to collect, directly or indirectly, a debt owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (f), debt collector shall include a creditor who, in the process of collecting his own debt, uses any name other than his own which would indicate that a third person is collecting or attempting to collect the debt. Debt collector shall also include a person who uses an instrumentality of interstate commerce or the mails in a business the principal purpose of which is the enforcement of security interests. Debt collector shall not include:—

  1. (a) an officer or employee of a creditor while, in the name of the creditor, collecting debts for the creditor;
  2. (b) a person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for a person to whom it is so related or affiliated and if the principal business of the person is not the collection of sildenafil side effects a debt;
  3. (c) an officer or employee of the United States or a state of the United States to the extent that collecting or attempting to collect a debt is in the performance of his official duty;
  4. (d) a person while serving or attempting to serve legal process on another person in connection with the judicial enforcement of a debt;
  5. (e) a nonprofit organization which, at the request of a
    I like the needle and sifted canadian viagra generic this when your basis to ago nice.

    consumer, performs bona fide consumer credit counseling and assists the consumer in the liquidation of debts by receiving payments from the consumer and distributing the amounts to creditors;

  6. (f) a person collecting or attempting to collect a debt owed or due or asserted to be owed or due another to the extent the activity
    1. (i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement;
    2. (ii) concerns a debt which was originated by the person;
    3. (iii) concerns a debt which was not in default at the time it was obtained by the person; or (iv) concerns a debt obtained by the person as a secured party in a commercial credit transaction involving the creditor;
  7. (g) attorneys-at-law collecting a debt on behalf of a client; and
  8. (h) an agent or independent contractor employed for the purpose of collecting a charge or bill owed by a tenant to a landlord or owed by a customer to a corporation subject to the supervision of the department of telecommunications and energy or the division of insurance insofar as the person collects charges or bills only for the landlord or supervised corporations. “Register”, filing a notice with the commissioner on a form prescribed by the commissioner that notifies the commissioner of the intent to engage in the activities of a third party loan servicer in this state and the payment of a fee required under this act, along with the other documents, proofs, and fees required by the commissioner. “Servicing”, receiving a scheduled periodic payment from a borrower pursuant to the terms of a loan, including amounts for escrow accounts, and making the payments to the owner of the loan or other third party of principal and interest and other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the servicing loan document or servicing contract. In the case of a home equity conversion mortgage or reverse mortgage as referenced in this section, servicing includes making payments to the borrower. “Third party loan servicer”, a person who uses an instrumentality of interstate commerce or the mails in any business the principal purpose of servicing a loan directly or indirectly, owed or due or asserted to be owed or due another.

§ 804. Acquisition of location information

Any debt collector communicating with any person other than the consumer for the purpose of mycanadianpharmacy-maxtrust acquiring location infor¬mation about the consumer shall—

  1. (1) identify himself, state that he is confirming or correct¬ing location information concerning the consumer, and, only if expressly requested, identify his employer;
  2. (2) not state that such consumer owes any debt;
  3. (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. (4) not communicate by post card;
  5. (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 communi¬cation relates to the collection of a debt; and
  6. (6) after the debt collector knows the consumer is repre¬sented 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 the communication from the debt collector.

§ 805. Communication in connection with debt collection charlie sheen takes viagra

  1. (a) COMMUNICATION WITH THE CONSUMER GENER¬ALLY. 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 col¬lection of any debt—
    1. (1) 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 circumstanc¬es to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antemeridian and before 9 o’clock postmeridian, local time at the consumer’s location;
    2. (2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowl¬edge 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; or
    3. (3) at the consumer’s place of employment if the debt col¬lector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.
  2. (b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the ex¬press permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post judgment judicial remedy, a debt collector may not communicate, in connec¬tion with the collection of any debt, with any person other than a consumer, his 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. (c) 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 collec¬tor shall not communicate further with the consumer with respect to such debt, except—
    1. (1) to advise the consumer that the debt collector’s further efforts are being terminated; cialis use after prostate surgery
    2. (2) to notify the consumer that the debt collector or credi¬tor may invoke specified remedies herbal viagra from india which are ordinarily invoked by such debt collector or creditor; or
    3. (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified rem¬edy.
  4. If such notice from the consumer is made by mail, notifica¬tion shall be complete upon where can i get viagra pills in the uk receipt.

  5. (d) For the purpose of this section, the term “consumer” in¬cludes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

§ 806. Harassment or abuse

A debt collector may not engage in any conduct the natu¬ral consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

  1. (1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or prop¬erty of any person.
  2. (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
  3. (3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of sec¬tion 603(f) or 604(3)1 of this Act.
  4. (4) The advertisement for sale of any debt to coerce pay¬ment of the debt.
  5. (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
  6. (6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller’s identity.

§ 807. False or misleading representations

A debt collector may not use any false, deceptive, or mis¬leading representation or means in connection with the col¬lection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

  1. (1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
  2. (2) The false representation of—
    1. (A) the character, amount, or legal status of any debt; or
    2. (B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
  3. (3) The false representation or implication that any indi¬vidual is an attorney or that any communication
  4. (4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
  5. (5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
  6. (6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to—
    1. (A) lose any claim or defense to payment of the debt; or
    2. (B) become subject to any practice prohibited by this title.
  7. (7) The false representation or implication that the con¬sumer committed any crime or other conduct in order to disgrace the consumer.
  8. (8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. /li>
  9. (9) The canadian pharmacy pet pharm use or distribution of any written communication which simulates or is falsely represented to be a docu¬ment authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, autho¬rization, or approval.
  10. (10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
  11. (11) The failure to disclose in the initial written communi¬cation with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempt¬ing to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
  12. (12) The false representation or implication that accounts have been turned over to innocent purchasers for value.
  13. (13) The false representation or implication that documents are legal process.
  14. (14) The use of any business, company, or organization name other than the true name of the debt collector’s business, company, or organization.
  15. (15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.
  16. (16) The false representation or implication that a debt col¬lector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act.

§ 808. Unfair practices

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limit¬ing the general application of the foregoing, the does viagra mean following conduct is a violation of this section:

  1. (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obli¬gation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
  2. (2) The acceptance by a debt collector from any person of a check generic cialis free shipping or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector’s intent to deposit such check or instrument not more than ten nor less than three busi¬ness days prior to such deposit.
  3. (3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecu¬tion.
  4. (4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check

    or instrument

  5. (5) Causing charges to be made to any person for com¬munications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.
  6. (6) Taking or threatening to take any no judicial action to effect dispossession or disablement of property if—
    1. (A) there is no present right to possession of the prop¬erty claimed as collateral through an enforceable security interest;
    2. (B) there is no present intention to take possession of the property; or
    3. (C) the property is exempt by law from such disposses¬sion or disablement.
  7. (7) Communicating with a consumer regarding a debt by post card.
  8. (8) Using any language or symbol, other than the debt col¬lector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt col¬lection business.

§ 809. Validation of debts

  1. Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice contain¬ing—
    1. (1) the amount of the debt;
    2. (2) the name of the creditor to whom the debt is owed;
    3. (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
    4. (4) a statement that if the consumer notifies the debt col¬lector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt col¬lector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
    5. (5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
  2. (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection
    1. (a) that the debt, or any portion thereof, is disputed, or that the con¬sumer requests the name and address of the original credi¬tor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this title may continue during the 30-day period referred to in subsection
    2. (a) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the con¬sumer requests the name and address of the original credi¬tor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.
    3. (c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
    4. (d) A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection
    5. (e) The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by the Internal Revenue Code of 1986, title V of Gramm-Leach-Bliley Act, or any provision of Federal or State law relating to notice of data security breach or priva¬cy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this sec¬tion.

MASSACHUSETTS DEBT COLLECTION REGULATIONS 7.01: Purpose of Regulations

The purpose of 940 CMR 7.00 is to establish standards, by defining unfair or deceptive acts or practices, for the collection of debts from persons within the Commonwealth of Massachusetts.

7.02: Scope

940 CMR 7.00 apply only to the collection of debts, as defined herein, and no conduct which is not the collection of debts or any part thereof is affected.

7.03: Definitions

Communication or communicating means conveying information directly or indirectly to any person orally through any medium excluding no identifying communications. Creditor means any person and his agents, servants, employees, or attorneys engaged in collecting a debt owed or alleged to be owed to him by a debtor provided, however, that a person shall not be deemed to be engaged in collecting a debt, for the purpose of 940 CMR 7.00, if his activities are solely for the purpose of repossessing any collateral or property of the creditor securing such a debt. Debt means money or its equivalent which is, or is alleged to be, more than 30 days past due and owing, unless a different period is agreed to by the debtor, under a single account as a result of a purchase, lease, or loan of goods, services, or real or personal property, for personal, family or household purposes or as a result of a loan of money which is obtained for personal, family or household purposes; provided, however, that money which is, or is alleged to be, owing as a result of a loan secured by a are blue zeus viagra first mortgage on real property, or in an amount in excess of $25,000, shall not be included within this definition of “debt”. Debtor means a natural person, or his guardian, administrator or executor, present or residing in Massachusetts who is allegedly personally liable for a debt. No identifying communication means any communication with any person other than the debtor in which the creditor does not convey any information except the name of the creditor and in which the creditor makes no inquiry other than to determine a convenient time and place to contact the debtor. Person means any natural person, corporation, trust, partnership, incorporated or unincorporated association and any other legal entity; provided, however, that if a creditor comprises or employs more than one natural person, all such individuals shall be deemed to be one and the same “person” with respect to any debt owed or alleged to be owed to such a creditor.

7.04: Contact with Debtors

  1. (1) It shall constitute an unfair or deceptive act or practice for a creditor to contact a debtor in any of the following ways:
    1. (a) Threatening to sell or assign to another the obligation of a debtor with an attending representation or implication that the result of such sale or assignment would be that a debtor would lose any defense to the claim or would be subjected to harsh, vindictive or abusive collection attempts;
    2. (b) Threatening that nonpayment of a debt will result in:
      1. 1. Arrest of any debtor; or
      2. 2. Garnishment of any wages of any debtor or the taking of other action requiring judicial order without informing the debtor that there must be in effect a judicial order permitting such garnishment or such other action before it can be taken;
  2. (c) Using profane or obscene language;
  3. (d) Communicating by telephone without disclosure of the name of the business or company of the creditor and without disclosure of the personal name of the individual making such communication provided, however, that any such individual utilizing a personal name other than his own shall use only one such personal name at all times and provided that a mechanism is established by such creditor to identify the person using such personal name;
  4. (e) Causing expense to any debtor in the form of long distance telephone calls, or other similar charges;
  5. (f) Engaging any debtor in communication 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, provided that for purposes of this division, a creditor may treat any billing address of the debtor as his place of residence;
  6. (g) Placing telephone calls at times known to be times other than the normal waking hours of a debtor called, or if normal waking hours are not known, at any time other than between 8:00 a.m. and 9:00 p.m.;
  7. (h) Placing any telephone calls to the debtor’s place of employment if the debtor 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 debtor provides written confirmation postmarked or delivered within seven days of such request. A debtor may at any time terminate such a request by written communication to the creditor;
    1. (i) Failing to send the debtor the following notice in writing within 30 days after the first communication to a debtor at his 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 creditor on the debt continues and the debtor has not made a written request as described in the previous division, but only if such first communication is made after the effective date of 940 CMR 7.00:
  8. 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 CREDITOR.

  9. (j) Visiting the household of a debtor at times other than the normal waking hours of such debtor, or if normal waking hours are not known, at any time other than between 8:00 a.m. and 9:00 p.m., provided however that in no event shall such visits, initiated by the creditor, exceed one in any 30-day period for each debt, excluding visits where no person is contacted in the household, unless a debtor consents in writing to more frequent visits, provided, further, that at all times the creditor must remain outside the household unless expressly invited inside by such debtor; and provided further, that visits to the household of a debtor which are solely for the purpose of repossessing any collateral or property of the creditor (including but not limited to credit cards, drafts, notes or the like), are not limited under this division;
  10. (k) Visiting the place of employment of a debtor, unless requested unless requested by the debtor, excluding visits which are solely for the purpose of repossessing any collateral or property of the creditor, or confrontations with a debtor regarding the collection of a debt initiated by a creditor in a public place excluding courthouses, the creditor’s place of business, other places agreed to by a debtor, offices of an attorney for the creditor, or places where the conversation between the creditor and a debtor cannot be reasonably overheard by any other person not authorized by the debtor;
    1. (l) Stating that the creditor will take any action, including legal action, which in fact is not taken or attempted on such debtor’s account, unless an additional payment or a new agreement to pay has occurred within the stated time period. For purposes of http://cialisonline-rxtopstore.com/ this division the time period in connection with such statement shall be presumed to expire 14 days from the date the statement is made, unless otherwise indicated by the creditor;
    2. (2) Subject to applicable law, after notification from an attorney for a debtor that all contacts relative to the particular debt in question should be addressed to the attorney, a creditor may contact the debtor only to perfect or preserve rights against the debtor or collateral securing the debt;
    3. (3) 940 CMR 7.04(1)(j) and (l)(1) and (2) shall not apply to telephone, gas and electric utility companies regulated by M.G.L. c. 164 and the Department of Public Utilities.

7.05: Contact with Persons Residing In the Household of a Debtor

  1. (1) It shall not constitute an unfair or deceptive act or practice for a creditor to 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. (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. (3) It shall constitute an unfair or deceptive act or practice for a creditor or debt collector 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:
    1. (a) Using profane or obscene language;
    2. (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;
    3. (c) Causing expense to any person in the form of long distance telephone calls, or other similar charges;
    4. (d) Engaging any person in non-identifying communication via telephone with such frequency as to be unreasonable or to constitute a 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;
    5. (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 costco pharmacy cialis price are not known, at any time other than between 8:00 a.m. and 9:00 p.m.;
    6. (f) Visits to the place of employment of any person, unless requested by such person, or confrontations regarding the collection of a debt in a public place, excluding courthouses, the creditor’s place of business, 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;
    7. (g) Using language on 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. (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 behalf engaged in collection activities, including notices required prior or subsequent to repossession.
  1. (1) It shall constitute an unfair or deceptive act or practice for a creditor to contact or threaten to contact persons, other than the debtor and those residing in the household of the debtor, in any of the following ways:
    1. (a) Implying the fact of the debt to any such person;
    2. (b) Using language on envelopes indicating or implying that the contact relates to the collection of a debt;
    3. (c) Using language on 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.
  2. (2) The following contacts shall not be deemed unlawful:
    1. (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 pursuant to 940 CMR 7.04(1)(f), provided the creditor limits the contact to disclosing only his personal name unless the recipient expressly requests the disclosure of the business or company name, provided, however, that any such individual using a personal name other than his own shall use only one such name at all times and provided that a mechanism is established by such creditor to identify viagra time effect the person using such personal 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.
    2. (b) Any contact with any such person 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 person contacted in any 12-month period for each debt. The creditor in making said contacts may reveal only his personal name unless the recipient expressly requests the disclosure of the business or company name, provided, however, that any such individual using a personal name other than his own shall use only one such personal name at all times and provided that a mechanism is established by such creditor to identify the person using such personal name. Any contacts at the debtor’s place of employment, made pursuant to 940 CMR 7.06, shall be lawful, notwithstanding a request made by the debtor, pursuant to 940 CMR 7.04(1)(h), that such contacts not be made.
    3. (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;
    4. (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;
    5. (e) Any contact required by law to be made by a creditor engaged in collection activities, including notices required prior or subsequent to repossession.
  3. 7.07: General Deceptive Acts Or Practices

    It shall constitute a deceptive act or practice to engage in any of the following practices:

  4. (1) Any false representation that the creditor has information in his possession or something of value for the debtor;
  5. (2) Any knowingly false or misleading representation in any communication as to the character, extent or amount of the debt, or as to its status in any legal proceeding, provided, however, that an incorrect or estimated bill submitted by a gas or electric utility company regulated by M.G.L. c. 164, and the Department of Public Utilities shall not be prohibited by 940 CMR 7.07;
  6. (3) Any false or misleading representation that a creditor is vouched for, bonded by, affiliated with, or is an instrumentality, agency, or official of the state, federal or local government;
  7. (4) Any false or misleading representation that a creditor is an attorney or any other officer of the court;
  8. (5) The use, distribution or sale of any written communication which simulates, or which is falsely represented to be, or which otherwise would reasonably create a false impression that it was, a document authorized, issued or approved by a court, a government official or other governmental authority;
  9. (6) Any representation that an existing obligation of a debtor may be increased by the addition of attorney’s fees, investigation fees, service fees, or any other fees or charges, if in fact such fees or charges may not legally be added to the existing obligation;
  10. (7) Any solicitation or obtaining of any written statement or acknowledgement in any form containing an affirmation of any obligation by a debtor who has been adjudicated bankrupt, without clearly and conspicuously disclosing the nature and consequences of such affirmation.

7.09: Post Dated Checks

It shall be an unfair or deceptive act or practice for a creditor to request or demand from a debtor a post dated check, draft, order for withdrawal or other similar instrument in payment for the debt or any portion thereof, or for a creditor to negotiate such instrument before the due date of the instrument.

7.10: Relation To Other Laws

940 CMR 7.00 does not exempt any person from complying with existing laws or canons of ethics with respect to debt collection practices. To the extent that any provision of 940 CMR 7.00 is specifically inconsistent with the Canons of Ethics and Disciplinary Rules Regulating the Practice of Law, as currently

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appearing in Supreme Judicial Court Rule 3:22 and then only to the extent of the inconsistency, 940 CMR 7.00 is not applicable.

7.11: Preemption By Federal Law

In the event any conflict exists between the provisions of 940 CMR 7.00 and the provisions of Federal statutes or regulations relating to the collection of debts, such Federal law shall http://canadianpharmacyonline-rxed.com/ control but only to the extent that such Federal law mandates actions or procedures prohibited by 940 CMR 7.00

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