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.
Before commenting, please review our comment policy.
A reckless new bill represents an unprecedented threat to consumer rights, essentially gutting class action and mass tort litigation. Congress has tried to ram it through without us noticing. Read more about the implications of this bill, and contact your members of Congress to protect your rights.