Legal Question in Credit and Debt Law in Massachusetts

Re: collection notice

The statute of limitations for actions founded upon contracts, express or implied, is six years, pursuant to Massachusetts General Laws Chapter 260, Section 2. Assuming you used the phone for "personal" versus "business" purposes, the debt would be classified as a "consumer debt" and any action taken by a collection agency to collect such debt would be governed by the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. That being said, if it was determined that the collection agency attempted to collect upon a debt where the statute of limitations had expired, they would be in violation of the Fair Debt Collection Practices Act, 15 U.S.C 1692e, among other applicable sections. As such, if you were successful in your FDCPA action, you would be entitled to actual and statutory damages, costs and attorney fees.

Further, pursuant to 15 U.S.C 1692c (c), you have the right to send the collection agency a "cease and desist" letter which would bar them from contacting you further. Lastly, assuming you are a consumer debtor residing in Massachusetts, you may also have a cause of action against the original creditor, pursuant to Massachusetts General Laws, Chapter 93, Section 49. If you need information relative to your specific fact situation, feel free to call my office for a free consult.