Legal Question in Credit and Debt Law in Massachusetts
Harrassing calls at a workplace
We have an employee at our company who is having a credit problem with a credit card company. The credit card company calls daily, sometimes 2-3 times a day looking for the employee. We have repeatedly told the company that the employee works on the road and does not work in the office. We have passed on the message several times to the employee who says he has already been in touch with the creditor to work something out. We have also relayed this information to the callers as well. They said they have every right to call his home or work as much as they want and they will not stop unless we get a cease and decist letter. It just doesn't seem fair for them to harrass the staff at work when we're not the ones with the credit problems. What can we do as an innocent party to protect our rights? The employee feels he's done his part in trying to work out arrangements with the creditor.
1 Answer from Attorneys
Re: Harrassing calls at a workplace
Here is the law in Mass regarding debt collection. The employee should contact the creditor in writing and request they stop calling. It should be sent certified mail, return receipt requested to ensure delivery.
In the event the creditor does not stop, you should file a complaint with the Attorney General's Office (617) 727-8400 or if it is a collection agency the Division of Banks at (617)956-1501.
The state Consumer Protection Act prohibits some debt collection practices. (M.G.L. c. 93A, �2(c), 940 CMR 7.00) When dealing directly with you, creditors and collection agencies may not:
Call you more than twice for each debt in each 7 day period at home, or call you more than twice for each debt in each 30 day period at someplace other than your home.
Call you without identifying both the name of the creditor and the name of the person calling.
Call you at times other than your normal waking hours. If your waking hours are unknown, then the creditor or collector may only call between 8:00 a.m. and 9:00 p.m.
Visit your home at times other than those mentioned above. A collector cannot visit more than once in any 30 day period for each debt, unless you give permission for additional visits.
Cause you to be charged for long distance calls (or other similar costs).
Call you at work if you requested that they not call. Your oral request is valid for only 10 days, unless you confirm it in writing within 7 days of making the request. Written request are valid until you write to the collector removing the restriction.
Contact you directly, if you have told the creditor or collection agency to only contact your attorney.
Falsely threaten to take legal action.
Use profane or obscene language.
Additionally, creditors and collection agencies may not
Tell anyone (including friends, neighbors, relatives, or employers) about your debt.
Send collection notices in a way that openly indicates or implies that you owe a debt (for example, using postcards or descriptive return addresses.)
Additional info is located at www.state.ma.us/consumer/.
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