Massachusetts Consumer Rights Attorney Kenneth D. Quat
Student Loans
Are you having a dispute involving a student loan? Common problems we have encountered in this area include the following:
- A collection agency which insists that the creditor “requires” a substantial down payment as a condition for agreeing to a payment plan
- A collection agency which fails to inform you of repayment options that are usually available in federally guaranteed loans, such as consolidation and rehabilitation. These can often be effective solutions to a delinquency or default situation.
Student loan collectors are subject to the same federal and state debt collection laws as other collection agencies. The federal Fair Debt Collection Practices Act (“FDCPA”) and the Massachusetts Consumer Protection Act (“Chapter 93A”) provide substantial protections to consumers who are the target of debt collection activity.
For example, did you know it is unlawful for a collector to:
- Call before 8 a.m. or after 9 p.m.?
- Call at work after being notified not to?
- Threaten any action that is not taken or intended to be taken?
- Threaten to have you arrested or to “ruin” your credit?
- Not inform you that you have a right to dispute the debt?
- Add undisclosed fees or costs to the debt?
- Undertake any collection activity if not licensed in Massachusetts?
These are only a few of the many rights which consumers enjoy under federal and state law.
If you believe you are not being treated fairly or honestly with respect to a student loan issue, we advise that you contact us. There is no charge for case evaluation.
