Legal Question in Credit and Debt Law in Massachusetts

Collector Told My Mother I Had Debts

I owed AT&T Card $3,000. CrediTrust bought the account and told me they are not a collection agency, but they'd like to offer me a credit card in order to pay off the original credit card.

I told them I did not with to borrow any more money as I am in enough trouble as it is. They said, "Well, you need to take care of this account." To me, this sounds like a collection agency.

They then started calling my mom three times a day looking for me while I was at work. My mom finally said, "Look, my son told you he can't afford to borrow any more money and to stop calling."

They replied, "If your son pays his debts, we'll stop calling."

They claim they can do this because they "are the current owner of the account" and "not a collection agency."

The FDCPA makes refernece to "original creditors" having more rights than collectors. I do not see where it says "current owners" of an account have the same rights as original creditors.

I deem the these illegal:

More than 2 calls / week

Calls after asked to stop

Disclosing my debt to 3rd party

Lying about the FDCPA

Threats of continued daily calls

Am I right? If so, what remedies are available? Can I sue them for actual and exemplary damages?

Thanks,


Asked on 8/13/99, 12:10 am

1 Answer from Attorneys
Stuart Williams

Re: Collector Told My Mother I Had Debts

You are basically right. They've violated the law

all over the place just as you say. What documentation do you have from them, ... any?

Do you have any messages left on answering machines? Can you trick them into leaving you

messages on these subjects on tape?

What is the name of the firm?

Can you reach them?

Have you hired an attorney local to you? Where do you live? Do you want to fax it to me to look at, or scan it and e-mail me the image files?

Phew! These folks obviously never even read the Cliff Notes version of the FDCPA!

Read more
Answered on 8/17/99, 5:13 pm


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