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Debt Collection Laws in Maryland

Patrick Austin, J.D. | December 14, 2023

Patrick Austin
Attorney from George Mason
Patrick Austin, JD

Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: There are debt collection laws in Maryland that give rights to consumers living there that help protect them from inappropriate and harassing debt collection practices. These rights and protections are codified under Maryland law and federal law.

Dealing with an unscrupulous debt collector can be a nightmare. Imagine constant phone calls, day and night, along with threatening letters — it's a stressful experience that most people, including Maryland residents, find dreadful.

If you're facing harassment from such a debt collector, remember that you're not powerless. Maryland and federal laws offer strong protections to shield you while you navigate the challenges of settling a delinquent account. These legal safeguards are there to ensure your peace of mind during this tough time.

This article provides a comprehensive summary of debt collection laws in Maryland, including laws pertaining to the statute of limitations.

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Legal rights and protections under the Maryland Consumer Debt Collection Act

The Maryland legislature enacted a law designed to protect consumers from being taken advantage of by unscrupulous debt collectors using deceptive and abusive collection tactics.

The Maryland Consumer Debt Collection Act (MCDCA) applies to activities of both debt collectors and creditors. The MCDCA prohibits the following debt collection tactics:

  • Calling consumers repeatedly throughout the day;
  • Calling consumers at odd hours;
  • Using harassment or intimidation to try and coerce a consumer to agreeing to repay the debt;
  • Threatening force or violence;
  • Threatening to disclose information that would negatively impact the reputation of a consumer or their creditworthiness;
  • Threatening criminal prosecution if a consumer does not agree to repay the amount allegedly owed; and
  • Using abusive language, including obscenity or profanity, when communicating with debtors or their relatives

According to § 14-203 of the MCDCA, a Maryland resident who has evidence of a debt collector in violation of state law can file a legal action and sue the debt collector for actual damages. Maryland law doesn't mention punitive damages but does say the debtor can get damages for "emotional distress or mental anguish."

Role of the Consumer Protection Division in Maryland

The Consumer Protection Division plays a crucial role in enforcing debt collection laws in Maryland. This division is part of the Office of the Attorney General and is responsible for protecting consumers from unfair or deceptive practices by debt collectors.

The Consumer Protection Division receives and investigates complaints from consumers who believe their rights have been violated by debt collectors. They review the details of the complaint, gather evidence, and determine whether there has been a violation of the law. If a violation is found, the division can take legal action against the debt collector to seek remedies for the affected consumers.

When the Consumer Protection Division identifies debt collectors who have engaged in unfair or deceptive practices, they can take enforcement actions to hold them accountable. This may involve filing lawsuits, obtaining injunctions to stop illegal activities, seeking restitution for affected consumers, and imposing civil penalties. These enforcement actions serve as a deterrent to other debt collectors and help protect consumers from further harm.

In addition to investigating complaints and taking enforcement actions, the Consumer Protection Division also provides assistance to consumers who have questions or concerns about debt collection practices. They offer a helpline where consumers can seek guidance and support, and they can provide referrals to other agencies or resources when necessary.

This consumer assistance helps ensure that individuals have access to the information and help they need to navigate debt collection issues.

Written notice requirements

Maryland law requires debt collectors to provide a written notice to debtors within 5 days of their initial communication. This notice must include information about the debt, the amount owed, and the options available to dispute the debt or request verification. Debtors should carefully review this notice and take appropriate action if they believe the debt is inaccurate or they have been a victim of identity theft.

Licensing obligations for Maryland debt collectors

Debt collection agencies operating in Maryland must be properly licensed with the state. They must obtain a license from the Maryland Collection Agency Licensing Board and renew it annually. This licensing requirement helps ensure that debt collectors operate within the bounds of the law and meet the necessary qualifications.

Legal rights and protections afforded to Maryland residents under the federal Fair Debt Collection Practices Act

In addition to the MCDCA and other state laws, Maryland residents are afforded legal protections under the Fair Debt Collection Practices Act (FDCPA). The FDCPA is a federal law governing the practices of debt collectors. In addition, the FDCA provides consumers with notable legal protections against certain predatory and harassing practices, including:

  • Contacting you at home late in the evening or extremely early in the morning;
  • Using abusive, inappropriate and harassing language during discussions; and
  • Pursuing a consumer for a debt they do not actually owe.

Statute of limitations on debt in Maryland

In Maryland, a debt collector must collect on a debt within a certain period of time. Generally, a debt collector has three years from the date the debt becomes due to ask the court to order you to pay. As a result, if a debt collector sues you for an unpaid debt and you believe the amount owed is more than three years old, you may be able to raise Maryland’s 3-year statute of limitation as an affirmative defense.

Avoid making a payment toward an expired debt

If years have elapsed since a payment was made toward a delinquent account in Maryland, do not fall into the trap of making a relatively small, partial payment toward the debt (which is typically presented as an option by a Maryland debt collector).

Why avoid the partial payment? Because once you make a voluntary payment on a lapsed debt, the payment effectively resets the clock on the statute of limitations in Maryland. Basically, this means a new payment will start the clock back at zero and the debt collector is afforded an additional three years to try and recover on the delinquent account.

Key takeaways

Debt collection laws in Maryland afford residents with statutory protections and rights to help even the playing field between everyday consumers and large debt collection companies. Here are some key takeaways on this article on debt collection laws in Maryland:

  1. If you are contacted by a debt collection agent or agency, do not throw your hands up in despair. You have legal rights and protections under both federal law and Maryland law.

  2. If you are being subjected to harassment by a debt collector, you may have grounds to file a legal action under the MCDCPA and/or federal FDCPA to potentially recover compensatory damages and injunctive relief.

  3. Debt collectors can only contact you between the hours of 8:00 am and 9:00 pm. They are also legally prohibited from calling you multiple times per day.

If you’ve been sued for a debt in Maryland, respond to the case with SoloSuit’s Debt Answer form and increase your chances of winning.

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Check out this interview with a former debt collector who shares secret tactics he used to get people to pay up and how you can combat these tactics:

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