Legal Question in Credit and Debt Law in Massachusetts
Chase credit card
Long story short. I paid off Chase cc when I refinanced my house. Chase cashed the check and never updated our credit reports.(husband & me) Aparently, they sold the accout to a debt collector before I paid it off but Chase cashed my check anyway. The new debt collector is trying to collect double the origing amount owed. Can I sue? ( I would love to!)
2 Answers from Attorneys
Re: Chase credit card
Yes, you can sue. Moreover, you can sue for double or even triple damages, along with counsel fees and costs under Mass. Gen. Laws chapter 93A and the Fari Credit Reporting Act. Sit down with a lawyer.
Re: Chase credit card
Assuming you used the credit card for "personal" versus "business" purposes, the debt would be classified as a "consumer debt" and any action taken by a collection agency to collect such debt would be governed by the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. That being said, if it was determined that the collection agency attempted to collect upon a debt which had previously been paid, they would be in violation of the Fair Debt Collection Practices Act, 15 U.S.C 1692e, among other applicable sections. As such, if you were successful in your FDCPA action, you would be entitled to actual and statutory damages, costs and attorney fees. Further, pursuant to 15 U.S.C 1692c (c), you have the right to send the collection agency a "cease and desist" letter which would bar them from contacting you further. Lastly, assuming you are a consumer debtor residing in Massachusetts, you may also have a cause of action against the Chase Credit Card Services, pursuant to Massachusetts General Laws, Chapter 93, Section 49. If you need information relative to your specific fact situation, feel free to call my office for a free consult.