If debt collectors are making your life difficult by calling you at work, ignoring your dispute notices, and leaving nasty messages on your voicemail, you may wonder if anything short of bankruptcy will stop the harassment.
The good news is that a federal consumer protection law allows you to take action and seek compensation when debt collectors mistreat you.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, was passed in 1977 to protect the rights of indebted consumers. Any debt collector that exposes you to the following abuses can be penalized and, in extreme cases, shut down.
- Calling you before 8:00 a.m. and after 9:00 p.m. your time
- Maliciously reporting false information to the credit bureaus
- Telling you that you will arrested or your wages garnished if you don’t pay
- Threatening action they are not in a position to legally take
- Demanding amounts not supported by law or the original creditor agreement
- Using profane and obscene language
Company Profile: Capital Accounts, LLC
If you are being called by Capital Accounts, LLC, here is some additional information about the agency.
Capital Accounts, LLC is a debt collection agency located in Brentwood, Tennessee. It opened for business in 2003, has approximately 20 employees, and is managed by its President, Greg Nowicki. The company has a B rating with the Better Business Bureau, which made the following notation on its file:
This company has a pattern of complaint alleging billing or collection issues and customer service issues. Consumers state the business has poor customer service, claiming their calls are disconnected and they refused the request to speak with a supervisor.
Consumers again reported being yelled at and have been threatened by the customer service agent. Other consumers report that the business refuses to comply with the Fair Debt Collection Practice Act by refusing to provide validation of debt and ceasing collection efforts.
Records at the PACER website indicate that consumers who believed they were being harassed by Capital Accounts, LLC hired attorneys to help them act on their rights.
Alleged Violations against Capital Accounts, LLC
According to PACER, in or around early 2012 Capital Accounts, LLC started attempting to collect a debt from a Texas consumer. She complained that the agency identified itself to her as a “litigation firm” misleading her into thinking that a lawsuit was imminent.
The caller also allegedly stated that if she failed to contact Capital Accounts, LLC in two hours, a process server would come to her house.
Feeling harassed by Capital Accounts, LLC, the consumer hired an FDCPA lawyer and sued the company for allegedly:
- Using harassing and abusive means to collect a debt
- Harassing her by phone
- Misleading her into believing that a communication was from a law firm or an attorney
- Threatening to take legal action, without actually intending to do so
- Using false and deceptive means to collect a debt
- Failing to inform her that the communication was an attempt to collect a debt
The matter was later dismissed.
Hire a Consumer Lawyer
The phone numbers for Capital Accounts, LLC are:
If you see any of them on your caller ID, it is confirmation that Capital Accounts, LLC is on the line. If they verbally abuse you and threaten lawsuits to scare you into paying, hire a consumer lawyer and file a claim against Capital Accounts, LLC for violating your rights under the FDCPA.
You could be awarded $1,000 per violation plus court costs and reasonable attorney’s fees, so when a collection agency crosses the line with you, don’t hesitate to take action.
Case taken from PACER (pacer.gov). File number is Case 3:12-cv-00311-N from the United States District Court for the Northern District of Texas, Dallas Division.
*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 Accounts, LLC or any other third-party collection agency, you may not be entitled to any compensation.