Name That Violation! – Call from a Collector

I may be the only person in America that loves to get collection letters and collection calls. It is a shame I don’t get more.

Debt Collectors use intimidation and lie to get you to pay alleged bills.

I received a phone call a couple of days ago from Carson Smithfield. Previous to this phone call, I have sent them a dispute letter over a month ago. In addition I sent them a notice of intent to sue. On my list of things to do this weekend was to send them a notice of pending lawsuit.

So when you listen to the call keep this in mind. They violated the FDCPA by calling me after they received the dispute letter. This is a violation of 1692 g(B). I didn’t mention that in the recording.

I have to admit I had fun with this recording. As you can tell, I am kind of a smart ass with the half-whit that called me.I realize we all have to eat, but surely we can eat without causing harm and threatening others.

Fight the good fight, Boiler

  1. Boiler, we should do this every week. Screw with a collector on the phone. It was fun to hear you in control with one of these jack asses. Revara from LA.

    • This was just a normal call to me. I will think about doing this again. It is good for people to hear others talk to the debt collectors. They have nothing…
      Best, Boiler

  2. You should be considerate of this guy. He is just doing his job. You shouldnt be mean to him. You sound like the one that is wrong.

    • Steven P,
      I think we should disagree to agree. Throughout history many people have done crimes under the guise of “just doing my job”. This has been the excuse from minor crimes to the most heinous crimes against humanity. Any job that makes you break federal laws and violate peoples rights falls under this evil in my opinion.
      Best wishes, Boiler

  3. Can you answer a coulple of phone calls like this? I would like to hear the different situations. I am getting blistered with calls! Help!

    • Heather,
      Hang in there! I will post the next couple of calls I get. I dont get too many anymore.
      Also, there is no law that says you have to answer the phone. If these calls bother you, dont answer or perhaps change your number.
      Otherwise, document the calls and later sue the companies that are calling.
      Let me know if I can help.
      Fight the good fight!

  4. An acquaintance of mine, an FDCPA attorney out of New Jersey (and former owner of a collection company),shared the best thing you can say when receiving a collection call. You want to be cordial and respond by telling them your name and then stating that you DISPUTE THE DEBT. Tell them goodbye and hang up.

    Best case scenario is that the collector continues to call you back, whereby you’ll go through the same process again. If they call you back three times within 5 minutes, there is a good chance that you can prove harassment by your phone records.

    Hope this helps!

  5. Boiler and Ron,
    You guys are funny. Boiler is a hard ass and wants to kick in their teeth. Ron is a gentleman and does what is nice and get rid of the situation. I guess either approach works.
    Thanks for your posts. MBR

    • MBR, Nice comment. It is true that I don’t always take the nicest approach when a collector interrupts me with a phone call. While I was thinking about my approach, the opening speech that Patton gives in the movie comes to mind:

      “We’re going to hold onto him by the nose and we’re going to kick him in the ass. We’re going to kick the hell out of him all the time and we’re going to go through him like crap through a goose.”

      I think that sums up my approach to debt collectors.

      As you mentioned, Ron’s approach is much more polished. He is a veteran of the industry. That said, his approach is probably best for most people who just want the collector off the phone.

      In my mind the important thing is not to commit to anything or agree with anything. The rest is a matter of style. Are you a a-hole like me, or are you classy like Ron…

      Thanks everyone for your comments on this thread. It has made me laugh!
      Fight the good fight, Boiler

  6. Boiler-hole, Why are you such a asshole to this guy? Why don’t you just pay your damn bills? Law Abiding Citezen

    • Citizen,
      Asking me why I don’t pay my damn bills is like asking you why you don’t learn to spell.
      I am am abiding the law. It is the collectors with the violations of the law; hence me suing them. It is my responsibility to sue them.
      Best wishes, Boiler

    • These are violations of the FDCPA as stated in the recording. I don’t think collectors know the law. Most lawyers I have talked to don’t know the law.
      Fight the good fight, Boiler

  7. DRL,

    Almost every collection company violates collection laws to some extent. In order for collection companies to make a profit, most resort to illegal tactics. They refer to it as the “cost of doing business.” The attorney I mentioned in my previous post above told me that, when he owned his collection company, his company generated about $4 million per year and paid out around $180,000 per year in settlements for collection violations. That’s a very good profit. It’s also a good reason to sue a collector when they have violated your rights.


  8. While many people out there may share your sentiment you should be careful as well….did you get the collector’s consent to record him and place it on your site? It’s against the law to record someone without their consent and I noticed you bleeped out your name but not the collector’s… You just broke the law as well.

    • Paul,
      I am in Colorado. Only one participant needs to know the call is being recorded. This varies by state so people need to check the laws in their state, check out my previous post.

      Also, I am not aware of any laws on how I edit the calls I get. Do you know of a specific law that I violated? If so, I will correct the recording.

      Thanks for your comments, Boiler

    • In other words, publicizing the collector’s illegal conduct bothers you more than said conduct. Subject changed like a true industry shill. CO has single party consent to record as Admin said. A federal appeals court in NY ruled a couple years ago in support of single party consent so long as there was no malicious intent before hitting the red switch.

      I think it can be argued that the collector featured here, which by law must divulge a business name on demand, has no expectation of privacy. Absent some binding NDA, Admin can do as he likes with the recording, including slightly redacting for his own privacy, so long as his edits cannot be read as defamatory, misleading, malicious, or for other devious purposes which would frankly be counterproductive.

      • R47,
        While I am not sure of Paul’s position in the industry, your point is correct that I only need to be aware that I am recording in Colorado.

        I also welcome people in the industry or not to post opinions that are contrary to most of the readers of this blog. Hearing and responding to other opinions let’s us know what we will hear in the real world and how to respond. This is especially important when people are new to this. It makes us stronger.

        That’s why I am here. To make us stronger.
        Thanks again for the post.

    • Another thing to consider is that the person calling is using a fake name. If we are all on the up and up, how can somebody call me with a fake name have rights? I have no mercy for somebody that doesn’t even use their real name.

      Fake names are for strippers…

      I will post another call from my friends at Carson Smithfield shortly. Carson Smithfeild just doesn’t get it.

      Fight the good fight, Boiler

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