Unwanted Calls from Capital Collections? We Stop Calls
Do you have unresolved debt? Are you tired of receiving unsolicited calls from Capital Collections? Would you like to put an end to these unwanted calls once and for all? No matter how much you owe, the law gives you rights that a debt collector must adhere to in their dealings with you. One such right allows you to decide whether you would like to keep receiving debt collection calls from Capital Collections, or whether you would like them to stop calling you for good. You can limit when and how debt collectors contact you. They’re not allowed to call at an inconvenient time or place and can’t tell third parties about your debt. Debt collectors can’t contact you before 8 a.m. or after 9 p.m., Can’t contact you at work once you ask them not to, Must communicate through your attorney if you’re represented by one, Can’t communicate about your debt with third parties, such as your employer, neighbors, and family and must cease contact entirely if you request it.
If a debt collector has violated any of your consumer rights in their dealings with you, you have a right to sue them for a statutory compensation up to $1000, you may also get part, or all of your debt waived.
Why do debt collectors keep calling?
Capital Collections, is contacting you because you have defaulted on a debt and it is their duty to collect it. The best way to get a debt collection agency off your back for good is to settle your debt. Alternatively, you may speak with a representative from the debt collection agency to work out a repayment plan suitable to your income.
Rules a collection agency must adhere to
There are procedures prescribed by law that debt collection agencies must adhere to. According to the law, a debt collection agency must:
- Send you a written statement in which details of the loan they claim you owe is contained. This must be sent to you within five days from the date of the initial contact. The statement will help you determine if the account they speak of is legitimate, and you should ask the collection agency to include the name of the original creditor, the interest rates on the loan, the expiry date of the loan, and the exact amount of money you owe.
- Identify themselves as a debt collection agency and state the name and address of their establishment.
- Inform you about your right to dispute the debt within 30 days counting from the date of initial contact.
- Respect your desire to not be contacted further, especially if you have expressed this desire in writing.
- Never use forceful, unethical, or harassing methods to collect a debt.
- Provide the necessary information about the terms of the loan and the variety of repayment options available.
- Manage your payments properly by posting them when they are made and allocating funds accurately.
- Never make excessive robocalls that prevent individuals from speaking with a human representative.
- Respect your consumer rights under the FDCPA and TCPA laws.
About Capital Collections
Capital Collections is a collection agency specializing in commercial, tenant/landlord, retail, medical, municipal government, transportation and agricultural collections.
7801 NW 37th Street, CRC#503,
Miami, FL 33166,
Phone: (888) 579-8904
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How to Stop Debt Collection Agencies
- Verify if they’re a scam
Ask for the name and contact information of the collection agency the caller claims to be representing. Verify the contact details of the agency and compare it to those provided by your caller and the number used to contact you.
- Check your credit report
Check your credit report to verify that the debt being demanded is reported there, and that the amount reported on your credit report by the debt collection agency is accurate. If a debt collection agency fails to report the correct amount on your credit report, they are in violation of the Fair Credit Reporting act and you can sue them in exchange for a compensation.
- Verify that it is your debt
Write a request for the validation of your alleged debt. This forces the debt collector to prove that the alleged debt exists and that it is indeed yours. When you receive the statement validating the alleged debt, carefully check that the billing address, names, and title (such as Mr. Mrs. Dr, Jr, Sr, etc.) are yours, else it may be a case of mistaken identity or a scam.
- Know your Rights
Know what your consumer rights are under the FDCPA and TCPA respectively. This will enable you to accurately judge whether or not your debt collector is operating within ethical codes of conduct. If the debt collection agency responsible for collecting your debt has breached the codes of conduct stipulated by law, you can stop them by suing them in exchange for a compensation. Call a qualified lawyer now on (877) 700-5790.
- Send a Cease and desist letter
If you are tired of receiving pesky, unsolicited calls from your debt collection agency, you can bar them from contacting you further by sending a cease and desist letter. A ‘Cease and Desist’ letter directs your debt collection agency to stop contacting you over a debt that has gone into default. This, however, does not eliminate the need to settle your debt, it only gets rid of the annoying debt collection calls, letters, and emails you are currently receiving.
- Keep evidence
You can stop debt collection agencies from collecting an already resolved debt by keeping evidence of all the debts you have resolved in the past. It is not uncommon for debt collection agencies to come after you for a debt you have already paid; this sort of debt is often referred to as a zombie debt. In order to avoid repaying a zombie debt, it is important to keep evidence of every debt you have resolved. Furthermore, you should keep evidence of any harassing calls or messages you have received from a debt collection agency for the sake of evidence.
- Be aware of the statute of limitations on your debt to avoid making payments on a loan for which the statute of limitations has already expired.
- Seek legal advice
If you are being harassed by a debt collection agency, the most effective remedy to the situation is to put the case into the hands of an experienced consumer rights lawyer. A lawyer is better equipped to monitor the entire debt collection process and ensure that you get a compensated for the violation of your rights. We are here to help you stop debt collection agencies and win your case of debt collection harassment; call us now on (877) 700-5790
Your consumer rights under the FDCPA
The Fair Debt Collections Act (or FDCPA) was enacted in 1978 for the protection of consumers like you. The act shields you from the harassing tactics that your student loan collection agency may employ to get you to pay your debts quickly. The FDCPA provides a means by which you can tackle the abusive practices of debt collectors and validate your debt to ensure that it is accurate and that it is indeed yours.
The FDCPA stipulates guidelines that debt collectors must adhere to in the process of debt collection. If Capital Collections breaks any of these rules, then you may have the right to file a valid case of debt collection harassment against them. Under the FDCPA, a debt collector is not allowed to:
- Call you repeatedly or ceaselessly: If debt collectors call you repeatedly or ceaselessly, they have violated debt collection laws. The FDCPA considers repeat calls from debt collectors, amounting to the excess of 7 times a day as a case of harassment.
- Call you too early or too late: If debt collectors call you before 8:00 am or after 9:00 pm, it may also be considered as a case of telephone harassment.
- Be rude or abusive: Being rude or using offensive words with the intent to intimidate you is considered harassment in customer relations. If you receive such calls, you are allowed to report to the police.
- Demand for additional payment: If debt collectors demand that you pay interest, fees, or any other expenses that are not stipulated by law, they are violating debt collection laws. The collector is not permitted to include any extra fees that your original credit or loan agreement does not allow.
- Misinterpret the amount on your loan: Misinterpretation of the loan amount (which may lead to you making higher payments) is a mistake not permitted on the part of the collector.
- Make threats: Debt collectors are not allowed to threaten to sue you, harm you, or destroy your credit. Making such threats is considered an act of harassment.
- Use scare tactics: Collectors are not permitted to scare you into compliance with actions they cannot or will not take. They are not allowed to keep you on your toes by threatening to sue or file charges against you, garnish your wages, take your property, cause job loss, or ruin your credit, as this goes against phone harassment laws.
- Call the wrong person repeatedly: If debt collectors keep calling the wrong person repeatedly, they have breached debt collection laws.
- Conceal information about your options: If the collector fails to notify you of your right to dispute the debt, they have failed to act in accordance with phone harassment laws.
- Inform a third party about your debt: Information about your debt is to be kept within relevant authorities. If debt collectors illegally inform a third party about your alleged debt, they have violated debt collection laws. They are only permitted to reveal such information to a third party if you have expressly permitted them. The only people authorized to receive information about your debt are your attorney, the creditor, the creditor’s attorney, a credit reporting agency, and your spouse or parent(s) (in cases of minors).
- Publicize your name or that of any other of their debtors: a debt collection agency violates debt collection laws if they publicize the names of consumers who have an unresolved loan.
- Bypass your attorney: a debt collection agency must communicate with you through your attorney (if you have one).
Your Consumer rights under the TCPA
The Telephone Consumer Protection Act (or TCPA) like the FDCPA was enacted to prevent debt collectors and telemarketers from violating your rights. Following countless consumer complaints about the increasing number of unwanted automated and marketing calls they were receiving, the TCPA bill was finally passed in 1991.
The bill stipulates that telephone solicitation representatives must provide their name, the name of the person or organization on whose behalf the call is being made, and a telephone number or address at which the person or organization may be reached. Furthermore, telephone solicitation representatives are not allowed to contact you earlier than 8 am or later than 9 pm. If you have sent a request not to be contacted further, then the representatives must comply with your request.
The Telephone Consumer Protection Act also prohibits:
- Automatic dialing systems
- Pre-recorded messages
- Unwanted SMS text messages
- Calls for which a charge is made to the account of the receiver
- Unsolicited advertisements by fax
Any person or organization using an autodialer or pre-recorded message when contacting you must also state their name, address, and phone number. If your student loan collection agency fails to comply with these laws, you may be entitled to $500 for each violation.
Your FCRA rights and how to use them
The Fair Credit reporting act was instated by the 91st United States Congress to protect you against the misuse, misinterpretation, and mis-reporting of your credit information. The FCRA is incredibly important because your credit report is easily susceptible to misrepresentation by debt collectors, creditors, and credit reporting agencies. Such errors affect you negatively by reducing your credit score and causing you financial distress. Common FCRA violations include:
- Reporting old debts as new or re-aged.
- Falsifying an account voluntarily closed by a consumer by reporting it as active.
- Failure to report that a debt was discharged in bankruptcy.
- Reporting information for which the statute of limitations has expired.
- Reporting inaccurate information.
- Reporting a fully resolved debt as charged off.
- Misreading the due balance.
- Failing to report payments immediately they are made, causing the consumer to suffer the consequences of late payment.
- Failure to maintain an efficient procedure by which to report identity theft.
- Listing an authorized user as a debtor on an account.
- Mixing up social security numbers, leading to the duplication of incorrect credit information.
- Failure to distinguish appropriate name titles such as Jr. and Sr.
- Mixing up names of individuals with similar names in a particular region.
- Failure to follow debt dispute procedures.
- Disclosure of your credit information to unauthorized persons.
- Withholding notices concerning the reporting, handling, and use of your credit information.
Under the FCRA, you are entitled to the fair and accurate reporting of your credit information. If the debt collection agency responsible for handling your debt is guilty of any of the above, you are entitled to a compensation which includes actual damages, punitive damages, attorney fees, and other costs. Call us now on (877) 700-5790.
When do you need help?
If you have defaulted on your loan payments and you are being contacted by a debt collection agency, if you are considering revising your repayment plan, or are simply wondering what your options are, it is in your best interest to contact a lawyer.
A qualified lawyer who is experienced in handling cases of debt collection is an invaluable asset to your case. They will assess if your debt collection agency is operating within ethical boundaries, give you sound advice regarding the range of options available to you, and represent you in court if necessary. Give us a call on (877) 700-5790 to gain access to our team of qualified consumer right lawyers.
About Stop Collection Agencies
Stop Collection Agencies is a platform created to help you successfully maneuver through debt and the debt collection process. We keep you informed about your consumer rights to help you avoid falling victim to debt collectors and their shady debt collection practices. Here at Stop Collection Agencies, we enable you report any debt collection malpractices you have experienced, and give you access to professional help, all for free.
We give you advice about your FDCPA, TCPA, and FCRA rights, debt repayment options, and what to do about your peculiar case of debt collection harassment because your consumer rights deserve to be treated with respect.
Call us now on (877) 700-5790.
Capital Collections BBB Information
BBB file opened: 11/23/2009
Consumer Rights Law Firm Center BBB information
BBB Rating: NR