Want to get this CA!

I don't know about "recourse" for them, but thanks to NanaC and her great posts about state licensing and bonding, I am getting the hang of understanding when CAs are "out-of-bounds," as it were.

I too am in MASS, and I am helping a friend of mine with a CA from Washington state who is not licensed and bonded here in MASS.

Here's what I have from the Massachusetts General Laws that I am working with in helping her compose a letter:

M.G.L. (Chapter 93, Section 24):

COLLECTION AGENCIES
Chapter 93: Section 24 License; bond; regulations
Section 24. No person not being an attorney at law authorized to practice in the commonwealth, a bank as defined in chapter one hundred and sixty-seven, a national banking association having its main office in the commonwealth, or a person whose usual business is not that of a collection agency, who acts as agent for such bank or national banking association for the purpose of collecting any accounts, bills or other indebtedness which arise from such person's usual business, or an agent or independent contractor employed for the purpose of collecting charges or bills owed by a tenant to a landlord or owed by a customer to a corporation subject to the supervision of the department of telecommunications and energy or the division of insurance in so far as said person collects charges or bills only for such landlord or supervised corporations, shall directly or indirectly conduct a collection agency, or engage in the commonwealth in the business of collecting or receiving payment for others of any account, bill or other indebtedness, or engage in the commonwealth in soliciting the right to collect or receive payment for another of any account, bill or other indebtedness, or advertise for or solicit in print the right to collect or receive payment for another of any account, bill or other indebtedness, without first obtaining from the commissioner of banks a license to carry on said business, nor unless such person or the person for whom he or it may be acting as agent has on file with the state treasurer a good and sufficient bond. The commissioner may from time to time establish such regulations pertaining to the conduct of the business as he may deem necessary.

The Division of Banking has a website where you can search the list of active licenses. If you like I can post the link, but it sounds like you've already done some legwork on that end.

Tell 'em to go pound sand.

Kind Regards,

--Wenchcake

 

I'm helping her to compose a letter that essentially asks for validation (to at least place the item in a "dispute" status), and then follows up on telling them that she is aware that they are not licensed and bonded in MASS to collect.

She does not have a litigious mindset, so she's not looking for the "suit" end of things, as much as just telling these people that they are sh*t out of luck, and yes, to go pound sand.

Now, on the other hand, if this were *my* acct, I would probably go after the many violations that they have committed so far and pursue a suit. But that's just me.

If you want, I can go and find the link to the letter NanaC posted in her thread. It is the one I am using as a template to help my friend. Kind of a "validation/hey, your a$$ is illegal in my state" kind of letter... LOL (Thanks NanaC, by the way, for the great work you've done on this subject!)

Let me know if you want some additional info.

Are you entertaining a suit? Can you go into a little more detail on what they have done so far? Calls? Letters?

Just curious.

--Wenchcake

 

I don't know much 'cept what I've read from Nana, but things to consider.

1) I read somewhere here on CN that not every state requires CA to be licensed. Evidently your state does, which is great.

2) Also, how do you know for sure they are not using a DBA? I have a CA after me, and it wasn't until I read their summons that I saw the name on their collections is a DBA. I'd have been hard pressed to say they were not licensed without further research.

Also, I do believe that checks are not under the regular SOL laws (at least in my state) they are under the Uniform Commercial Code. Sounds like you've done some research and likely know this.

Just thoughts to cover your bases.

 

Here's the info..in my sig!! Let me know if I can help! Ask the licensing folks in your state about DBA.....they will have info in most cases. If not, you can post here..and I'll help you find out..

 

Speak of the devil and the devil appears!

HI NANA!

Little do you know, you are an inspiration to me now in helping out my friend with an unlicensed &$*#(%&@ CA!

Wanna proof read my letter? LOL

Three cheers for NanaC!

--Wenchcake