Can a debt collector report in massachusetts?

[New2repair]

Massachusetts 209cmr 18:17(17) seems to prohibit a debt collector from reporting to a CRA in its own name.

"For a debt collector to report to a consumer reporting agency on its transactions or experiences with a consumer in the debt collector's name. However, a debt collector may, with the express written authorization of the creditor, report to a consumer reporting agency in the creditor's name."

Has anyone had any luck using this to get a CA reporting removed?

[BV80]

I don't know where you got 18:17(17). Here's the link to the MA regulations. In section 18.17, there is no #17. The highest is 18.17:13.

209 CMR 18.00

[New2repair]

Im sorry, should be 209 cmr 18:17 (11)

11 not 17

[BV80]

You need to contact an attorney to ask your question. The reason is because of another MA regulation.

18.23: Preemption By Federal Law

In the event any conflict exists between the provisions of 209 CMR 18.00 and the provisions of Federal statutes or regulations relating to the collection of debts, such Federal law shall control but only to the extent that such Federal law mandates actions or procedures prohibited by 209 CMR 18.00.

The Fair Credit Reporting Act is a federal statute. Under that statute, debt collectors can report in their own name.

However, the MA regulation states "only to the extent that such Federal law mandates actions or procedures prohibited by 209 CMR 18.00."

That means if federal law mandates (requires) an action that the MA regulation (18.17) prohibits, then federal law rules.

Well, the FCRA does not mandate that a debt collector report to CRAs. Therefore, the MA regulation might stand. Call an attorney and ask in order to find out for sure. If MA has a Department of Consumer Affairs, they might know.