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Filing a Class Action Lawsuit to Fight Illegal Debt Collection (Part A)

If you've been harassed or threatened by a debt collector, you may benefit from contacting a Massachusetts debt collection class action attorney. The Fair Debt Collection Practices Act clearly outlines the rules for legal communication by all debt collection agencies. Violations of these rules are subject to legal action on behalf of the debtor.

It's important that debt collectors are held liable for their actions, as victims of abusive debt collection practices may be subject to personal bankruptcies, marital instability, invasions of privacy and job loss.

Consider this example; Let's say a debt collector is trying to get information on you from someone else. The rules for fair debt collections state that he or she must do the following:

  • Give his or her identity
  • State his or her intent
  • Identify his or her employer

The debt collector must not communicate with this 3rd party more than once unless you give them permission to do so. If this rule is not followed, you are the subject of unfair debt collection practices.

Furthermore, if you are represented by a Massachusetts class action attorney in such a case, the debt collection agency may only communicate with your attorney. The only exception to this is if your attorney fails to respond within a specified amount of time

Communication in Connection with Debt Collection

Though it may seem that debt collectors have free reign to hound you for unpaid debts, a debt collector may not legally communicate with you in connection with a collection of any debt without your permission to do so.

Here are some factors to consider when communicating with a debt agency:

  • ? The debt collector should only contact you between 8 a.m. and 9 p.m.
  • ? You should never receive a notification from the debt collector at your place of employment
  • ? If you write to the debt collector refusing to pay and stating that you wish to cease further communication, the agency must suspend communication unless to notify you that they intend to invoke a specified remedy

If you are experiencing harassment by a debt collector and you believe that other consumers may have a similar complaint, it would be in your best interest to consult with an experienced debt collection class action attorney that specializes in illegal debt collection in Massachusetts. It is important that the lawyer has handled these types of cases and that they understand debt collection cases.

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