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Johnson Smith and Associates Cease and Desist Order
August 19, 2019
NOW COMES the Superintendent, State of Maine, Bureau of Consumer Credit Protection, and issues the following Order to Cease and Desist and For Affirmative Sanctions for costs of investigation:
WHEREAS Title 32 M.R.S. 11031(1) provides that a person or entity may not conduct the business of debt collection in this state without first being licensed by the Superintendent of the Bureau of Consumer Credit Protection; and
WHEREAS on June 20, 2019, the Bureau received a written complaint from M.R., a Maine consumer, regarding contact from a debt collector using the name of Johnson Smith and Associates, purportedly located at 400 West Cummings Park, Suite 1725-135, Woburn, Massachusetts 01801-6519; and WHEREAS the consumer received a telephone call from Johnson Smith and Associates stating that they were attempting to collect a debt from him; and
WHEREAS the representative of Johnson Smith and Associates informed the consumer that failure to pay the debt would result in the filing of a civil suit against them; and WHEREAS the consumer questioned the ability of Johnson Smith and Associates to take such action based on the statute of limitations applicable to the debt; and
WHEREAS the consumer's written complaint indicated that Johnson Smith and Associates has thus far been unable or unwilling to provide them with requested details regarding the alleged debt; and
WHEREAS Bureau staff searched the Bureaus debt collection licensing records and found no license for Johnson Smith and Associates; and
WHEREAS Bureau staff sent a certified letter (copy attached) to Johnson Smith and Associates at 400 West Cummings Park, Suite 1725-135, Woburn, Massachusetts 01801-6519; and
WHEREAS the certified letter outlined the consumers allegations involving the telephone communication received by the consumer from Johnson Smith and Associates ; and
WHEREAS the letter also outlined Johnson Smith and Associates failure to obtain a valid license with the Bureau prior to attempting to collect consumer debts in Maine; and
WHEREAS the certified letter from the Bureau was received by a Johnson Smith and Associates representative on July 3, 2019; and
WHEREAS Johnson Smith and Associates failed to respond to the Bureaus certified letter;
NOW, THEREFORE, Johnson Smith and Associates is hereby:
ORDERED to forthwith cease and desist all contact with Maine consumers for the purpose of collecting any debts until such time as it has obtained a debt collectors license from the Bureau; and it is further ORDERED to pay the sum of $500 to the Bureau within 30 days of the date of this Order for the costs of this investigation, pursuant to 9-A M.R.S 6-106(6) and 32 M.R.S. 11051.
| Date: August 09, 2019/td> | /s/William N. Lund |
| William N. Lund |
| Date: August 09, 2019/td> | /s/William N. Lund |
| William N. Lund |