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- Fair Collections & Outsourcing of New England Alleged Massachusetts Debt Collection Laws Violation
Dhadwal v. Fair Collections & Outsourcing of New England, Inc.
Case Information
- Case Number: 2381CV02513
- Case Status: In Progress
- Court: Superior Court, Middlesex County, Massachusetts
- Filed: September 5, 2023
This class-action lawsuit alleges that Fair Collections & Outsourcing of New England, Inc. (FCO) violated Massachusetts debt collection laws by exceeding the state’s strict communication limits. The plaintiff claims these practices caused emotional distress and wasted time.
Key Allegations
The lawsuit details FCO’s alleged violations, including:
- Exceeding Call Limits:
- Massachusetts regulations prohibit creditors from initiating more than two phone calls within a seven-day period to a debtor regarding the same debt.
- Despite this, FCO allegedly placed numerous calls to the plaintiff between August 10 and August 29, 2023, far exceeding the legal limit.
- Emotional and Practical Harm:
- The plaintiff reports frustration, stress, and anxiety resulting from the repeated calls.
- The frequent interruptions also caused a significant inconvenience and wasted the plaintiff’s time.
- Unfair Business Practices:
- By initiating excessive calls, FCO violated Massachusetts regulation 940 CMR § 7.04(1)(f), which defines such behavior as an unfair or deceptive act under M.G.L. c. 93A, § 2.
Relief Sought
The plaintiff seeks the following remedies:
- Injunctive Relief: Preventing FCO from placing more than two debt collection calls in any seven-day period to Massachusetts consumers.
- Declaratory Relief: Recognizing and affirming FCO’s violations of state laws.
- Monetary Damages:
- Actual and statutory damages for the plaintiff and other affected class members.
- Treble damages due to the willful and knowing nature of FCO’s actions.
- Attorney’s Fees and Costs: Recovery of all legal expenses incurred during the litigation.