When debt collectors start harassing you, some of them can be deterred by a cease and desist letter. Unfortunately, this does not work for all companies. If they persist in calling you during the middle of the night, cursing at you, and threatening to have you served with court papers at work, a consumer lawyer can help you seek justice in court.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) was passed in 1977 after harassment by debt collectors was connected to increasing numbers of bankruptcies. It penalizes third-party collection agencies that harass consumers in ways like the following:
- Calling you before 8:00 a.m. and after 9:00 p.m. your time
- Using profane and obscene language
- Calling you at work after you’ve told them that your employer won’t let you take such calls
- Threatening legal action they are not eligible to take or have no intention of taking
- Discussing your debt with your friends, neighbors, and co-workers
- Contacting you after you have formally requested that all communications cease
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Company Profile: Capital Collection Solutions
If you are being called by Capital Collection Solutions, a company overview is below.
Capital Collection Solutions is a medical debt collection agency headquartered in Glenmont, New York. It opened for business in 1998, has 55 employees, and is managed by its President & CEO, Neil Bernstein. Records at the PACER website confirm that consumers who believed that they were being harassed by Capital Collection Solutions opted to litigate instead of pay.
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Alleged Violations against Capital Collection Solutions*
According to information on the PACER website, on or around May 2, 2013, Capital Collection Solutions sent a collection letter to a New York consumer seeking payment for a propane gas bill. He alleged that the letter was sent via a window envelope through which the company’s name was clearly visible.
On or about May 31, 2013, Capital Collection Solutions allegedly left a voicemail that specifically stated that the call “involved an outstanding debt . . .” On other occasions, the callers allegedly did not identify themselves as debt collectors.
Feeling harassed by Capital Collection Solutions, the consumer hired legal counsel and sued the agency for:
- Sending collection letters that made the sender’s identity visible
- Failing to identify itself as a debt collector in all communications
- Using harassing and abusive means to collect a debt
- Using unfair and unconscionable means to collect a debt
- Using false, deceptive, and misleading means to collect a debt
- Attempting to collect an amount not authorized by law.
The matter was later settled.
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Hire a Consumer Lawyer
The phone numbers for this debt collection agency are:
When they appear on your caller ID, it means that you are being called by Capital Collection Solutions about an alleged debt. If they fail to identify themselves as debt collectors in all communications and send demand letters that leave your personal information visible, hire a consumer lawyer and file a claim against Capital Collection Solutions. Companies that violate the FDCPA could be ordered to pay you $1,000 per incident plus court costs and attorney fees, so stand your ground when a debt collector goes too far.
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Additional Resources
*Case taken from PACER pacer.gov File number is Case 1:13-cv-04812-RJD-JMA from the United States District Court for the Eastern District of New York.
Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Capital Collection Solutions or any other third-party collection agency, you may not be entitled to any compensation.