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Class Action: Carson Smithfield Violated FDCPA with Settlement Offer

According to a proposed class action lawsuit, defendant Carson Smithfield, LLC violated the Fair Debt Collection Practices Act (FDCPA) when it sent the plaintiff a collection notice that included a settlement offer that falsely implied the offer would only be valid if payment was made by a certain date. The lawsuit, filed in Wisconsin, claims the defendant’s inclusion of a purportedly “limited time offer” is false and misleading, as it is meant to impart a false sense of urgency upon the plaintiff to induce quicker payment.

“Upon information and belief, the deadlines in [the defendant’s collection notice] to respond to the settlement offers are a sham. There are no actual deadlines. The sole purpose of the purported deadlines [are] to impart in the consumer a false sense of urgency,” the complaint alleges.

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