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Attorney General Attempts To Close Down A Debt Collector For Violating The FDCPA

New York Attorney General Andrew M. Cuomo sued debt collection agency,  Benning-Smith Group, for allegedly violating approximately 1,000 state and federal laws.  Cuomo claims that his office received 850 complaints against Benning-Smith debt collectors from consumers located in several different states.

According to Cuomo, the Benning-Smith debt collectors used outrageous and illegal collection techniques. One debt collector allegedly repeated the name of a consumer’s daughter and described sexual attacks he would commit against her unless a debt was paid. Other debt collectors called consumers drunks, deadbeats and in one case a low-life piece of trash. One collector even told a woman he would pay the debt himself if  she and her husband would have sex with him, the attorney general said.  And in a voicemail message that Cuomo provided to The Associated Press, another collection agent told Dorothy Gilbert, a grandmother of seven: “You are totally ghetto. … Learn English; get an education instead of just sitting on your fat derriere all day long.” The caller then insulted her pronunciation of “plan” and called her an “uneducated reject. … Get a real job, get an education and learn to take care of your responsibility like a grown adult would.” The call was over a $182 debt that the she had paid more than a year before.  "I know I did not sleep for a couple of nights,” Gilbert told the Associated Press.

The alleged abusive conduct described above is in direct violation of the Fair Debt Collection Practices Act. If you are suffering abuse or harassment from a debt collector you may be entitled to compensation, attorney fees and court costs, according to the Fair Debt Collection Practices Act (FDCPA).

Please call California Consumer Protection Attorney, Todd M. Friedman at (877) 449-8898 for a free consultation.

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