209 CMR, § 18.19 - Unfair Practices - Debt Collection

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of 209 CMR 18.19:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

(2) A debt collector shall not publish or cause to be published for general circulation the name of a consumer or any lists of consumers or threaten to do so.

(3) The request or demand from a consumer of a postdated check, draft, order for withdrawal or other similar instrument in payment for the debt or any portion thereof, or a debt collector to negotiate such instrument before the due date, of the instrument.

(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

(5) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls, text messaging, and telegram fees. However, 209 CMR 18.19(5) shall not prohibit a debt collector from communicating with a consumer by way of a consumer's cellular telephone.

(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if:

(a) there is no present right to possession of the property claimed as collateral through an enforceable security interest;

(b) there is no present intention to take possession of the property;

(c) the property is exempt by law from such dispossession or disablement; or

(d) the debt collector knows or has reason to know that demands for payment and/or legal notices were not directed to the consumer's last known address.

(7) Communicating with a consumer regarding a debt by postcard.

(8) Using any language or symbol, other than the debt collector'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 or her business name if such name does not indicate that he or she is in the debt collection business.

(9) Any representation that an existing obligation of a consumer 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) Any solicitation or obtaining of any written statement or acknowledgment in any form containing an affirmation of any obligation by a consumer who has been adjudicated bankrupt, without clearly and conspicuously disclosing the nature and consequences of such affirmation.

(11) For a debt collector to report to a consumer reporting agency on its transactions or experiences with a consumer in the debt collector's name. However, a debt collector may, with the express written authorization of the creditor, report to a consumer reporting agency in the creditor's name.

(12) No debt collector shall:

(a) Furnish legal advice or otherwise engage in the practice of law or represent that it is competent to do so, or institute judicial proceedings on behalf of others;

(b) Communicate with consumers in the name of a lawyer or upon stationery of a lawyer, or prepare any forms or instruments which only lawyers are authorized to prepare;

(c) Exercise authority on behalf of a creditor to employ the services of lawyers, unless the creditor has specifically authorized the agency in writing to do so and the agency's course of conduct is at all times consistent with a true relationship of attorney and client between the lawyer and the creditor; or

(d) Demand or obtain in any manner a share of the compensation for services performed by a lawyer in collection of a claim.

(13) Failing to disclose the telephone number and office hours of the debt collector on all written communication to the consumer.

(14) Causing expense to any consumer in the form of collect telephone calls, text messaging, download fees, data usage fees, or similar charges, without the express permission of the consumer to communicate in that manner. However, a debt collector may place non-collect telephone calls to the consumer's cellular telephone, or other telephone number provided by the consumer as his or her personal telephone number.

Notes

209 CMR, § 18.19

Amended by Mass Register Issue 1448, eff. 7/1/2021. Amended by Mass Register Issue 1452, eff. 9/17/2021.