No one deserves to be abused for owing money, but this is what happens to indebted consumers every day. Debt collectors yell at them, make threats, and in general hound them until they pay, declare bankruptcy, or fight for their rights.
Your Rights Under the FDCPA
The Fair Debt Collections Practices Act (FDCPA) is a consumer protection that specifies how a debt collector may communicate with consumers about paying a debt. Any company that uses methods like these can be fined and even closed down permanently.
- Contacting you when you are represented by an attorney
- Using an auto-dialer to send prerecorded calls to your cell phone
- Calling you at work when such calls are prohibited by law
- Pretending to be government agents or police officers
- Using profane and obscene language
- Chasing you for a debt that you don’t owe
Company Profile: Carson Smithfield, LLC
If you are being called by Carson Smithfield, LLC, here is an overview of the company background:
Carson Smithfield, LLC is a debt collection agency located in Woodbury New York and a branch office in Pittsburgh, Pennsylvania. It was established in 2010, has fewer than 10 employees, and is managed by owner Albert Jaronczyk.
A web search turns up the information that it collects debts for Merrick Bank. The PACER website holds records confirming that consumers who believed they were being harassed by Carson Smithfield, LLC hired consumer lawyers to help them protect their interests.
Alleged Violations against Carson Smithfield, LLC
According to PACER, on or about March 6, 2012, Carson Smithfield, LLC allegedly tried to collect a credit card debt from a Colorado consumer by calling her cell phone using an autodialer. When she answered, the line went dead.
More calls were received on March 14 and 19 and April 23, all from the same originating number.
When the consumer finally called Carson Smithfield, LLC, she told the company to stop calling her and that she disputed the amount demanded.
The representative was allegedly rude and told her that the reason she had been put into the autodialer system was so that the company did not have to “waste time trying to get ahold of “people who don’t want to pay them.”
he same party allegedly told her that since she refused to pay, her case was being turned over to “his attorney.”
Feeling harassed by Carson Smithfield, LLC, the consumer obtained legal counsel and sued the agency for allegedly violating the FDCPA by:
- Using harassing means to collect a debt
- Calling her using an autodialer
- Failing to send her a debt validation notice
- Using unfair and unconscionable means to collect a debt
- Using false, deceptive, and misleading means to collect a debt
- Threatening legal action it did not intend to take
The matter was later dismissed.
Hire a Consumer Lawyer
The phone number for Carson Smithfield, LLC is 1-877-394-5975. If you see it on your caller ID, it means that Carson Smithfield, LLC is calling. If they try to harass you into paying a debt by entering your cell phone number into its autodialer system, contact a consumer lawyer to discuss your rights.
If you file a claim against Carson Smithfield, LLC, you may be awarded statutory and punitive damages plus attorney fees, so when a debt collector harasses you, don’t hesitate to take action.
Case taken from PACER (pacer.gov). File number is Case 1:12-cv-01119-WJM-CBS from the United States District Court for the District of Colorado.
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Carson Smithfield, LLC or any other third-party collection agency, you may not be entitled to any compensation.