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Originally Posted by hannah 
....One more thought, if she doesn't remember this alleged debt and they have no proof it's her debt, I believe I would file a suit for all violations and the money paid to be returned. This could be a criminal fraud case and if I were her, I would contact the police and file a report as to what happened so as to start a paper trail. The violations committed are egregious. There's the third party contact, threats, misrepresentation, just to name a few. ....
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If this alleged debt is NOT real...a return of what has been tendered is an obvious objective.
The criminal fraud might be difficult to prove. Again, intent may be the stumbling block. But certainly worth consideration. She can file the complaint, but I wouldn't count on anything except pressure to be applied. Local DA's are not particularly interested in adding to their already heavy burden on a matter of marginal criminal potential.
MGL pretty much mirrors the UCC, and there could well be causes of action that would derive therefrom. Relief is a function of actual damages; punative damages are a multiple of the actual (up to 3x, at the discretion of the Court). 3x what she has already paid in addition to reimbursement may be in the cards.
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Originally Posted by hannah ....I would also contact the Boston Globe. |
MA has a new, more activist-oriented AG. A report to her office would come first on my list.
Another place to "complain" would be to Rep Barney Frank, particularly if she is from his district. Frank is now Chairman of the House Banking Committee and has oversight on these issues. He is on record on intending to be aggressive in addressing abuse issues.
The Globe's Spotlight Group would be a good "last" contact since "the friend" will have a litany of actions taken that will fill-out the story and will provide a "focus" for any light that the investigative reporters might want to shine on those whose responsibility it is to address these issues. "The friend" may not, however, want the notoriety.
