As the bills pile up, the pressure mounts to find a way out of your financial hole. No matter what you do, the sinking feeling of having bills drag you down begins to negatively impact your work performance, as well as your personal relationships.
If it was just finding a way out of the financial hole, you could probably withstand the pressure of a personal financial crisis. However, a debt collection agency has entered the picture and now you are faced with an assortment of threats and false statements regarding your debt.
Before 1977, consumers had to take the abuse that was dished out by third party debt collectors such as Carson Smithfield, LLC. Responding to consumer outcry, the United States Congress enacted the historic Fair Debt Collection Practices Act (FDCPA).
According to the federal consumer protection law, Carson Smithfield, LLC is forbidden from threatening you in any manner. The company cannot threaten to seize your property or threaten to file a lawsuit against you. Moreover, the bill collector is not allowed to issue any kind of false statement.
Examples of Outlawed False Statements
One of the underhanded methods used by some debt collection agencies involves reporting inaccurate information to each of the three major credit reporting agencies. For example, a third party debt collector might write letters to Equifax, Experian, and TransUnion that falsely claims you have filed for bankruptcy.
Another false statement issued to each of the three credit reporting bureaus involves lying about how much you have fallen behind on paying off a credit card or a personal loan account.
Your credit score represents the most important factor for determining whether you are eligible to receive credit. Any false statements made by a bill collector that adversely affects your credit score will inhibit your ability to secure affordable housing, as well as find gainful employment.
Understanding What “Material” Means
In 2018, the United States Court of Appeals for the Eighth Circuit issued a ruling that dramatically changed how civil court judges interpret the false statements provision of the FDCPA.
Now, you have to demonstrate the false statements issued by a debt collection agency like Carson Smithfield, LLC had a “material” impact on how you reached personal financial decisions. There has to be a direct link between the false statements and your ability to evaluate financial options properly.
Qualifying for Monetary Damages
The FDCPA goes well beyond outlawing previously legal debt collection tactics. It also provides consumers with a way to recover just compensation for the pain and suffering caused by deceptive and overly aggressive debt collection practices.
Some FDCPA cases involve the presentation of evidence that links the illegal actions taken by a bill collector with the presence of physical distress symptoms.The heavy pressure of having to deal with a debt collection agency can trigger skin rashes, prolonged ulcers, and acute migraine headaches.
A licensed consumer protection attorney who specializes in handling FDCPA cases will perform a thorough analysis of your case to see if there is enough evidence to file a claim against Carson Smithfield, LLC.
Schedule a free initial consultation today with an experienced FDCPA lawyer.
*Disclaimer: The content of this article serves only to provide information and should not be construed 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 compensation.