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Debt Collector Accused of Violating Consumer Privacy Laws

PENNSYLVANIA RECORD

Monday, May 12, 2025

Debt Collector Accused of Violating Consumer Privacy Laws

State Court
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Allegheny County Courts Of Common Pleas | Official Website

Plaintiff Jennifer Smith has taken legal action against a debt collection agency, alleging violations of federal and state laws designed to protect consumers from unfair practices. On April 28, 2025, Jennifer Smith filed a complaint in the Court of Common Pleas of Allegheny County, Pennsylvania, accusing Midland Credit Management, Inc. (MCM) of improperly disclosing her private financial information to a third party without her consent.

The lawsuit stems from an incident on March 29, 2025, when MCM sent an unsolicited letter to Attorney Gregory Artim on behalf of Jennifer Smith. The letter contained details about payment arrangements for a Synchrony Bank account ending in 8282 with a balance of $5,760.67. However, Attorney Artim had never been retained by Smith to handle this account and was unaware of its existence. Previously, Artim had represented Smith in an unrelated legal matter involving MCM where it was determined that she owed no money to the company.

Smith claims that the disclosure of her financial information caused her significant distress and anxiety. She was particularly upset because she had not authorized Attorney Artim to view such sensitive information and feared for the security of her financial data held by MCM. The plaintiff argues that MCM's actions violated the Fair Debt Collection Practices Act (FDCPA), specifically sections related to improper communication with third parties and engaging in unfair or unconscionable means to collect a debt.

In addition to federal law violations, Smith alleges that MCM's conduct also breached Pennsylvania's Fair Credit Extension Uniformity Act (FCEUA) and consequently the state's Unfair Trade Practices and Consumer Protection Law (UTPCPL). As part of her legal relief, Smith seeks actual damages for emotional distress and statutory damages up to $1,000 under the FDCPA. Furthermore, she requests up to three times her damages under state law provisions along with costs and reasonable attorneys' fees.

The case highlights ongoing issues within debt collection practices where consumers' rights are sometimes overlooked or violated by aggressive collection tactics. Jennifer Smith is represented by Emily S. Gomez-Hayes from the Law Office of Emily Gomez LLC based in Pittsburgh. The case is filed under Case No. AR-25- in the Civil Division of Allegheny County's Court of Common Pleas.

This case underscores the importance for consumers to be aware of their rights under both federal and state laws when dealing with debt collectors. It also serves as a reminder for companies involved in debt collection activities to adhere strictly to legal standards regarding consumer privacy and fair treatment.

The attorney representing Jennifer Smith is Emily S. Gomez-Hayes from the Law Office of Emily Gomez LLC. The judge presiding over this case has not been named yet as it awaits further proceedings following potential arbitration outcomes under Case ID CVPDD008S420F657.

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