Legal Question in Credit and Debt Law in Massachusetts
late fee charges
I am looking to get late fee charges dropped due to the lack of notice and co operation on the part of the loan company. After many months of being denied credit due to lack of payments from not being notified of account due then fighting for bills to be sent to no avail, late charges accrued and I am now in the hands of a collection agency. I am wondering what I can do to clear my name and have these charges dropped
2 Answers from Attorneys
Re: late fee charges
There are a myriad of Federal and State laws applicable to "loan companies", not the least of which are the Truth In Lending Act (15 U.S.C. 1601 et seq.), as well as its state counterpart, the Massachusetts Truth In Lending Law (Massachusetts General Laws, Chapter 140D, Section 1). Also, there are various provisions of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) which may be applicable with respect to clearing up your presumably damaged credit. In addition, there are fact specific contractual issues inherent in your question which are governed by the provisions of your "loan agreement". Feel free to contact my office for a free consult regarding your specific situation.
Re: late fee charges
Go to this AG website and at the bottom is a pdf about your rights in the debt collection process
http://www.ago.state.ma.us/sp.cfm?pageid=2373