United Shore Financial Services Excessive Debt Calls Massachusetts Class Action

Massachusetts has its own debt collection laws governing the behavior of debt collectors towards consumer debtors. This class action alleges that these laws have been violated by United Shore Financial Services, LLC, a wholesale lender which does business as United Wholesale Mortgage.

Plaintiff Mary Beth Bruce lives in Massachusetts and incurred a debt in the form of a home mortgage.

United Shore began at some point to try to collect this debt from Bruce, claiming that it was more than thirty days past due.

The allegations in this class action are very simple: The complaint claims that United Shore placed more than two collection calls in a seven-day period to Bruce. This volume of calls allegedly violated Massachusetts law on collections from consumers.

The complaint alleges violations of Massachusetts laws and also willful and knowing violations of Massachusetts laws.

According to the complaint, the Massachusetts Attorney General has made it an “unfair or deceptive act or practice for a creditor” to “initiate a communication with any debtor via telephone, either in person or via text messaging or recorded audio message, in excess of two communications in each seven-day period to either the debtor’s residence, cellular telephone, or other telephone number provided by the debtor as his or her personal telephone number, for each debt…”

This restriction applies “to any attempted telephonic communication by a creditor to a debtor in an effort to collect a debt, so long as … the creditor is able to reach the debtor or to leave a voicemail message for the debtor.”

According to the complaint, the laws violated include MGL c. 93A § 2 and 940 CMR § 7.04(1)(f).

The complaint asks, first of all, for an injunction to stop United Shore from placing more than two calls in a seven-day period to any Massachusetts consumer’s telephone number. In addition, it asks for declaratory relief, actual and statutory damages, and treble damages for the plaintiff and class members. Finally, the complaint seeks attorneys’ fees and litigation expenses in connection with this class action and requests “such other and further relief this Court deems just and appropriate.”

The class for this action is all consumers living in Massachusetts who, between April 3, 2016 and April 3, 2020, received more than two telephone calls, regarding a debt from United Shore, within a seven-day period, to their residences, cell phone, or other provided telephone number.

Article Type: Lawsuit
Topic: Consumer
Tags: Too Many Debt Collection Phone Calls, Unlawful Debt Collection