Is SIMM Associates, Inc calling you? Here’s what you need to know.
If you’ve ever had a debt collector call you about an overdue account, you’re not alone. According to the Center for Responsible Lending, approximately one out of every seven Americans has an account in collections. While dealing with a persistent collector can be intimidating, remember that you have rights that prevent them from treating you in unprofessional and unethical ways.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, is a consumer protection law that was passed in 1977 after thousands of consumers complaints about threats and harassment from third-party debt collectors. The FDCPA makes it illegal for collectors to use abusive or deceptive means to collect a debt, so if the party you’re dealing with does any of the following, they are breaking the law.
- Swearing, calling you names, and using profane language
- Calling you outside of the hours of 8:00 a.m. and 9:00 p.m. your time
- Telling you that you will go to jail, lose your kids,etc., if you don’t pay
- Calling you at work after you’ve told them that your workplace doesn’t allow such calls
- Demanding amounts that exceed the original debt
- Discussing the debt with any uninvolved third-parties except you, your spouse, and your attorney
Company Profile: SIMM Associates, Inc
SIMM Associates, Inc is a collection agency located in Newark, Delaware. It was established in 1991, has over 200 employees, and is managed by its President, Gregory Simendinger. According to records retained by the PACER (Public Access to Court Electronic Records) website, this family-owned collection agency has been accused of violating the FDCPA while collecting consumer debts.
Alleged Violations against SIMM Associates, Inc
Jennifer Ellerbee vs. SIMM Associates, Inc et al
According to PACER, in or around 2013, Georgia resident Jennifer Ellerbee started getting collection calls from SIMM Associates, Inc about an alleged debt. She later complained that the company kept calling her at work after being told that personal calls were not allowed by her employer, and that on at least one occasion a collector threatened to garnish her wages and / or seize her tax returns if she didn’t pay.
Ms. Ellerbee hired a consumer attorney and filed a lawsuit against SIMM Associates, Inc for allegedly violating the FDCPA in the following ways:
- Threatening legal action that it did not intend to take
- Communicating with her at a place and time known to be inconvenient
- Calling her at work after being informed that such calls were not allowed
- Using harassing and oppressive means to collect a debt
- Using unfair and unconscionable means to collect a debt
- Using misleading means to collect a debt
The matter was later dismissed.
Hire a Creditor Harassment Attorney
The phone numbers for SIMM Associates, Inc are 1-800-864-6033 and 1-302-283-2800. If either number appears on your caller ID when the phone rings, it means that a debt collector is attempting to collect money from you. If they speak to you in an abusive manner, call you at work, and threaten legal action if you don’t pay, hire a consumer attorney.
If you decide to sue SIMM Associates, Inc, you could potentially win $1,000 per FDCPA violation as well as attorney’s fees, court costs, and any actual damages. Collecting a debt is legal but abusing consumers is not, and debt collectors who forget that risk expensive penalties.
*Case taken from PACER (www.pacer.gov). File number is1:13-cv-00184-JRH-BKE from United States District Court for the Southern District of Georgia, Augusta Division
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 SIMM Associates, Inc,, or any other third-party collection agency, you may not be entitled to any compensation.