Legal Question in Credit and Debt Law in Massachusetts
Statute of Limitations on FDCPA
Is there a limit to the period of time in which a consumer can file a complaint with at least governmental agencies (State Attorney's General, etc.) against a debt collection agency or an original creditor for violations under the FDCPA?
2 Answers from Attorneys
Re: Statute of Limitations on FDCPA
Before filing a lawsuit under the FDCPA, you should prepare and serve a demand letter under the Massachusetts Consumer Protection Act. The FDCPA has a one year statute of limitations.
If you are being pursued or harassed by debt collectors, you should speak with an attorney before you are taken advantage of, sign something you don't understand, or make a statement against your interests.
Re: Statute of Limitations on FDCPA
A plaintiff has one year within which to file an action under the Fair Debt Collection Practices Act;) As a caveat, an original creditor is exempt from the prohibitions contained within such act (but is not exempt from the provisions of the Massachusetts Consumer Protection Act).
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