If illness or job loss causes you to fall behind in paying your bills and a collection agency is assigned to collect the overdue balance, it can feel as if your worst nightmare has arrived. Suddenly you’re being threatened with lawsuits, told that the debt has been increased due to massive fees, and more.
Before you contemplate bankruptcy, learn more about your rights, which are protected by law.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, The FDCPA was passed by Congress in 1977 to stop abusive practices by third-party debt collectors and to reduce the number of personal bankruptcies being inspired by over-zealous collection attempts. Examples of prohibited conduct include:
- Using profane or obscene language
- Misrepresenting that nonpayment of the debt will result in property loss or jail time
- Calling You at Odd Hours
- Making repeated calls with the intent to annoy you
- Persisting in trying to collect a disputed debt
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Company Profile: Capital Credit Solutions
If you are being called by Capital Credit Solutions, the company’s particulars are below.
Capital Credit Solutions is a debt collection agency located in Alpharetta, Georgia. It was founded in 2010, has less than 10 employees, and is managed by its President, A.J. Davis.
The company has been the subject of repeated consumer accusations of deception and bullying. A review of digitized litigation records suggests that who believed they were being harassed by Capital Credit Solutions sought damages and went to court.
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Alleged Violations against Capital Credit Solutions
According to PACER, in or around October 2011, Capital Credit Solutions called a Michigan consumer and allegedly claimed to be a law enforcement officer. After allegedly being threatened with legal action over an old alleged payday loan, he made a credit card payment of $200.00 on October 17, 2011.
However, two more charges of $150 and $149 were made on his card on October 31, allegedly without his permission.
Feeling harassed by Capital Credit Solutions, the consumer filed a lawsuit against the agency for the following alleged FDCPA violations:
- Using harassing and oppressive means to collect a debt
- Using any false, deceptive, or misleading representation or means in connection with the collection of a debt
- Threatening actions that could not legally be taken
- Pretending to be a law enforcement officer
- Trying to collect an amount not permitted by law or the original creditor agreement
A judge ordered Capital Credit Solutions to pay the plaintiff $1,000 in statutory damages, $1,825 in attorney fees, and $350 in costs, for a total of $3,175.
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Hire a Consumer Lawyer
The phone number for Capital Credit Solutions is 1-678-242-5225. If it shows up on your caller ID and you answer the phone, you will likely be talking to someone from Capital Credit Solutions.. If they pretend to be law enforcement officers to scare you into paying, hire a consumer lawyer.
You have every right to file a claim against Capital Credit Solutions seek compensation that includes $1000 per FDCPA violation. The law is on your side, so never be afraid to take action.
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Additional Resources
Case taken from PACER (pacer.gov). File number is Case 2:12-cv-10857-SFC-LJM from the United States District Court for the Eastern District of Michigan, Southern 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 Credit Solutions, or any other third-party collection agency, you may not be entitled to any compensation.