SENATE DOCKET, NO. 697 FILED ON: 1/12/2009
SENATE . . . . . . . . . . . . . . No. 136
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Patricia
D.
.
Jehlen
_______________
To the Honorable Senate and House of Representatives
of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act to reduce unwanted communications from creditors to protect the peace and
privacy of residents.
_______________
PETITION OF:
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Name:
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District/Address:
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Patricia D.
Jehlen
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Second Middlesex
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Brian A. Joyce
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Norfolk, Bristol and Plymouth
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Benjamin B. Downing
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Berkshire, Hampshire and Franklin
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James B. Eldridge
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Middlesex and Worcester
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Robert
A. O'Leary
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Cape and Islands
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Willie Mae Allen
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6th Suffolk
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Barbara A. L'Italien
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18th Essex
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Christine E. Canavan
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10th Plymouth
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James M. Murphy
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4th Norfolk
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Robert L. Rice, Jr.
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2nd Worcester
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Denise Provost
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27th Middlesex
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Matthew C. Patrick
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3rd
Barnstable
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Byron Rushing
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9th Suffolk
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Steven J. D'Amico
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4th Bristol
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Kathi-Anne Reinstein
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16th Suffolk
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Timothy J. Toomey, Jr.
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26th Middlesex
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Jennifer M. Callahan
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18th Worcester
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Martha M. Walz
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8th Suffolk
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Bruce E. Tarr
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First Essex and Middlesex
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Thomas
P. Kennedy
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Second Plymouth and Bristol
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Karen E. Spilka
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Second Middlesex and Norfolk
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Gale D. Candaras
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First Hampden and Hampshire
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[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. S00184 OF 2007-2008.]
The Commonwealth of Massachusetts
_______________
In the Year Two Thousand and Nine
_______________
An Act to reduce unwanted communications from creditors to protect the peace and privacy of residents.
Be it enacted by the Senate and House of Representatives in General Court assemb
led, and by the authority of the same, as follows:
SECTION 1: Chapter 93 of the General Laws as appearing in the 2004 Official Edition is hereby amended by inserting after subsection(d) in section forty-nine the following:-
(e) The creditor communicates w
ith the alleged debtor regarding a debt after such debtor has notified the creditor, in writing or orally, that the alleged debtor refuses to pay such debt or that the alleged debtor wishes the creditor to cease further communications with debtor about suc
h debt, with the following exceptions, which must be in writing:
To advise the alleged debtor that the creditors further efforts are being terminated;
To notify the alleged debtor that the creditor may invoke specified remedies which are ordinarily
invoked by such creditor; or, where applicable, to notify the debtor that the creditor intends to invoke a specified remedy.
An oral notice shall be valid for only ten days unless the alleged debtor provides written confirmation postmarked or delivered wit
hin seven days of such notice. A debtor may rescind at any time such a notice by written communication to the creditor. A creditor must inform the alleged debtor of this right upon first communication with the alleged debtor, to be followed within thirty
days by a written short and plain explanation of this right.
For purposes of this section, “creditor” means any person and his agents, servants, employees or attorneys engaged in collecting a debt owed or alleged to be owed to him by a debtor; provided, h
owever, that a person shall not be deemed to be engaged in collecting a debt if his activities are solely for the purposes of repossessing any collateral or property of the creditor securing such a debt.
