These days, so many people are living from paycheck to paycheck. All it takes is a single accident or layoff to send you deep into debt. To make matters worse, the debt collectors retained by your creditors may belittle, harass, and otherwise mistreat you when you can’t pay.
Although they won’t admit it, such conduct is illegal under both state and federal law.
Your Rights Under the FDCPA
In 1977 Congress enacted the Fair Debt Collection Practices Act (FDCPA) to regulate the professional activities of third-party collection agencies. It requires these companies to be ethical and respectful when communicating with consumers, and prohibits actions like the following:
- Raising their voice and threatening you
- Calling you before 8:00 a.m. and after 9:00 p.m. in your time zone
- Refusing to provide you with information about the debt
- Impersonating law enforcement
- Use abusive, obscene, or profane language
- Publicly identifying you as an alleged debtor
Company Profile: SMS Financial Recovery Services, LLC
If you are being called by SMS Financial Recovery Services, LLC, more information about the agency and its operations is below.
SMS Financial Recovery Services, LLC is a collection agency located in Phoenix, Arizona. It was established in 1993, has 39 employees, and is managed by Jonathan D. Hoffer. The company is primarily a debt buyer that acquires old, nonperforming, or charged-off debt.
The PACER website holds litigation records showing that consumers who believed they were being harassed by SMS Financial Recovery Services, LLC went to court to stop the demands.
Alleged Violations against SMS Financial Recovery Services, LLC
According to PACER, on or around July 18, 2010, SMS Financial Recovery Services, LLC called a Rhode Island consumer at her workplace, although she had previously requested that they not call her there.
When the caller identified himself as “Danny” and she replied, “Danny who?” he allegedly taunted, “You forgot me?”
When the consumer reminded him that she has previously told SMS Financial Recovery Services, LLC not to call her at work, “Danny” allegedly replied that she owed $200,000 and he was going to call her every day.
Feeling harassed by SMS Financial Recovery Services, LLC, the consumer hired a lawyer and sued the company for the following FDCPA violations:
- Calling her at work after being told that such calls were not allowed
- Using harassing and abusive means to collect a debt
- Using profane and obscene language
- Using false, deceptive, and misleading means to collect a debt
The matter was later resolved.
Hire a Consumer Lawyer
The phone number for this collection agency is 1-602-944-0624. If it appears on your caller ID, it means that SMS Financial Recovery Services, LLC is calling. If they ignore your request to not call you at work and use rude, belittling language, hire a consumer lawyer and file a claim against SMS Financial Recovery Services, LLC.
If you win your case, the agency can be ordered to pay you $1,000 per FDCPA violation and compensate you for your court costs and attorney fees. Don’t be intimidated by a rude debt collector: the law gives you the standing to fight back.
Case taken from PACER (pacer.gov). File number is Case 1:12-cv-00545-WES-LDA from the United States District Court for the District of Rhode Island.
*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 SMS Financial Recovery Services, LLC or any other third-party collection agency, you may not be entitled to any compensation.