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I am confused by a law in Massachusetts.


Bbee
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Hi everyone!

This is my first post. I am confused by something. My Mom has been getting these collection letters from a local attorney. The collection agency listed resides in another state and after checking is not even licensed to do business in Mass. Mass does indeed require a license! My confusion is when a local attorney is hired does it even matter if the collection agency listed is not licensed? What laws apply? Whom needs to be licensed? Attorney, collection agency or both? So confused?

Thanks in advance!

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Not sure it there is a certain way you are supposed to ask a question. Sorry I am new to the boards. I have read many posts and everyone seems so helpful and nice. Any advice or links would be appreciated as I have a feeling the above mentioned attorney will take legal action any day. Just wondering how a law can be in place but somehow ignored by so many companies. That is why I asked as maybe I am interpreting the law incorrectly. If this company is breaking the law then I should let them know as I guess they seem to forget we have rights too!

Thanks again.

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  • 3 weeks later...

I have read a few posts and from what I read this is one of the worst to deal with!!

I just realized that the law firm is JA CAMBECE located in Peabody, Massachusetts. My Mom lives in MA. CACV COLORADO is the collection agency, but they hired JA CAMBECE. I looked CAMBECE via the BBB and they have a very poor standing, no surprise there! What I found interesting is that the BBB called them a "DEBT COLLECTION FIRM" under the nature of business.

How can they legally collect debt, they are a " DEBT COLLECTION FIRM" and not licensed in MA as a debt collector. CACV COLORADO is not licensed either. Cambece is licensed in MA only but as a lawyer not under the licensed debt collector.

Has anyone dealt with JA CAMBECE from MA? Do JA CAMBECE try to collect from individuals that don't live in MA?

JA CAMBECE seems to be the ultimate scum.

FROM THE BBB---------------------------------------------------------

Company Name: J.A Cambece Law Office, P.C.

Company Address: 8 Bourbon Street

Peabody, MA 01960

See the location on a Mapquest Map

See the location on a Google Map

Original Business Start Date: 1996

Type of Entity: Corporation

Principal: J. Anthony Cambece , Owner

Number of Employees: 300

Phone Number: (978) 535-5995

(866) 200-9334

(888) 535-6161

Fax Number: (978) 535-7070

Email Address: c.cambece@cambecelaw.com

BBB Member Status: This company is not a Member

Type of Business: COLLECTION AGENCIES

LAWYERS & ATTORNEYS

Web Site Address: http://www.cambece.com

Nature of Business

J.A. Cambece Law Office, P.C. is a debt collection firm.

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Because if you're a lawyer you're allowed to collect debts without a debt collection license, it's a convenient loophole for them, isn't it?

What you do in this case... is DV (Debt Validation - lots of form letters in here). They haven't sued your mother yet, so DV them. They then CAN'T sue you. Don't wait, DV them TODAY.

And yes, they are scum. Really one step removed from ambulance chasers.

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Although my Mom, I am always the last to know the actual particulars in this case, today we went to court my Mom with the help of a friend filied a motion to vacate, judge allowed it. My Mom claimed she answered the summons within the 20 days and a default judgment was still issued without her knowledge, she never got a date to appear. Judge allowed it and was actually really nice to my Mom.

JA CAMBECE never showed up today, which also favored my Mom. Looking ahead I have seen all of the letters that Cambece sent. They have been sending her letters since April 2005. One letter claiming that if she didn't pay they were going to sue, but if they received a payment within 3 business days they would not file a lawsuit. The letter was dated March 8, 2006. The envelope is dated March 17, 2006. There are a few more letters similar to that. Much longer than 3 business days the letter was mailed out! Hmmm... Cambece also has called several times and spoken to my brother about the debt and where to find my Mom.

These seem to be violations to me. I have all of the letters and envelopes Cambece sent, but how do I prove they called my brother in 2005 and or a third party.

I'm sure Cambece will show up at the nexthearing, I would like my Mom to have a little more information to defend herself.

Cambece has not the best record in MA...Should I try to use this a leverage? Cambece has been reprimanded about the way they collect debt, I feel my Mom was taken advantage of and wasn't even aware that what they may have been doing may have been done illegally!

Thanks for any advice, feedback or experience with Cambece or a similar situation.

$75,000 Fine for Unfair Debt Collection Practices November 25, 2006

Filed under: Credit Repair, Collections

BOSTON — Attorney General Tom Reilly reached an agreement with J.A. Cambece Law Office, P.C., a Peabody law firm, resolving allegations of unfair debt collection practices. The Assurance of Discontinuance, filed in Suffolk Superior Court, requires Cambece to pay $75,000 and to adopt better debt collection practices to protect Massachusetts consumers.

“Far too often unfair collection practices victimize consumers in debt,” said AG Reilly. “Today’s settlement imposes restrictions on this firm to protect consumers from abusive practices. It also sends a message to the collection industry that abusive tactics will not be tolerated.”

Following an investigation by AG Reilly’s Consumer Protection and Antitrust Division, AG Reilly alleged that Cambece’s collection practices violated state and federal debt collection laws, including the Massachusetts Consumer Protection Act, the Massachusetts Debt Collection Regulations, and the Federal Debt Collection Practices Act. AG Reilly alleged that Cambece representatives used obscene language, harassed and embarrassed consumers, exceeded the number of permissible calls, placed calls to consumers at improper hours, made unauthorized communications with consumers at their places of employment, disclosed debts to persons other than the consumer, made unsubstantiated threats against consumers, used high pressure tactics to entice payments from consumers and failed to provide proof of the validity of debts.

After learning of AG Reilly’s review of its practices, Cambece cooperated with the investigation. Cambece denies that it has engaged in any wrongful or unlawful conduct.

Under the settlement, Cambece agrees to implement new policies and procedures that exceed current consumer protections afforded under state and federal law. Cambece will:

designate a Debt Collection Supervisor to ensure compliance with state and federal law;

designate a Mediation Supervisor and implement procedures to mediate disputes with consumers with the assistance of AG Reilly’s Consumer Complaint and Information Section;

designate a Training Supervisor to ensure that collectors are properly trained before contacting consumers without direct supervision;

maintain records of all debt collection activities and create additional records for disputed accounts;

record all telephone conversations with consumers;

provide debt verification - including at least two monthly statements from the original creditor — when a consumer disputes a debt in writing;

provide written notice to consumers when a debt cannot be verified;

provide a two day rescission period for final settlements; and

confirm in writing final settlements and oral payment authorizations by consumers.

“This settlement affords Massachusetts consumers greater protections than they now have under state and federal law and I urge the debt collection industry to employ these best practices,” said AG Reilly.

The settlement also requires Cambece to pay $20,000 in restitution to consumers, $45,000 to the Local Consumer Aid Fund, and $10,000 in attorneys’ fees and costs for the Commonwealth’s investigation.

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Bbee....I so wish I knew more about the credit laws back in the day! JA Cambece I feel now in hindsight took advantage of me as well, back in 2002 I know now that I may have saved myself alot of headaches and stomach aches had i taken them on back in 2002. I paid them, well I settled for less than the full balance with them. I am trying to get their judgment off my CR. They filed a complaint, I settled with them before the court date and somehow someway they managed to get a judgement instead of asking for it to be dismissed. They had told me that as long as I paid it before the date, I would not have to go to court. Man, I wish I hadn't been so stupid back then, thinking that they were playing by the book! I should have gone with my gut feeling..............JA Cambece represented Bank of America who took over MBNA they changed the DOFD date so I am trying to get that off too! Not to mention that the CA was Collect America and they are on there too!!!! 3 entries for one damn account!......they are all over 7 years and I still can't seeem to get them to remove them. JA Cambece was a living hell in my world....and they are still haunting me....Wish your mom good luck, for me and tell her not to back down from the devil...:twisted::evil:..they are evil people, the whole staff...how they put their heads on their pillows at night knowing full well all torment and unnecessary harassment they caused people day in and day out is beyond me. I know they were just doing their jobs, but even at that there is a line that you just don't cross! Not everyone who has bad credit are bad people. I'd rather be jobless, homeless than to work for a firm like that.

Keep me updated!

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Thanks for your input lavs412. I am truly sorry to hear about your past problems with Cambece. Thanks for the luck, my Mom will need it. I have read so many articles, and posts about people who have dealt with these scum.

I cannot believe they are still in business, it is a dam shame. I will keep you updated and good luck with your battle.

GO RED SOX:!::!::!:

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