Dealing with Capstone Credit & Collections, LLC?

[sylvester37]

This company needs to be stopped. There was a new bill passed (bill s2086) ~ must read up on this~. As of Oct 1, 2010 there might be a way to stop these guys. To launch an investigation there will need to be 5 valid complaints on this company with in a 12 month period. I don't think this takes effect until Oct 1, 2010. So on Oct 2, 2010 if you had a problem with this company please call the Office Of Financial Regulations (850)453-7908. Tell them you need the Consumer Collection Practice Act Complaint Form.


Capstone also changed from an Inc to an LLC this year. The companies current name is Capstone Credit & Collections, LLC address. 120 Lutz Lake Fern Rd W, Lutz FL, 33548


This company never read a mini miranda to the debtors, they use profanity, collection agencies as never to threat you or to threaten litigation on you. (If they threatened Litigation please right a letter to the Florida Bar)

559.72 Prohibited practices generally.
--In collecting consumer debts, no
person shall:
(1) Simulate in any manner a law
enforcement officer or a representative of
any governmental agency;
(2) Use or threaten force or violence;
(3) Tell a debtor who disputes a
consumer debt that she or he or any
person employing her or him will disclose
to another, orally or in writing, directly
or indirectly, information affecting the
debtor’s reputation for credit worthiness
without also informing the debtor that
the existence of the dispute will also be
disclosed as required by subsection (6);
(4) Communicate or threaten to
communicate with a debtor’s employer,
prior to obtaining final judgment against
the debtor, unless the debtor gives her or
his permission in writing to contact her or
his employer or acknowledges in writing
the existence of the debt after the debt has
been placed for collection. This shall not
prohibit a person from telling the debtor
that her or his employer will be contacted if
a final judgment is obtained;
(5) Disclose to a person other than the
debtor or her or his family, information
affecting the debtor’s reputation,
whether or not for credit worthiness, with
knowledge or reason to know that the
other person does not have a legitimate
business need for the information or that
the information is false;
(6) Disclose information concerning
the existence of a debt known to be
reasonably disputed by the debtor without
disclosing that fact. If a disclosure is
made prior to such reasonable dispute
having been asserted and written notice
is received from the debtor that any part
of the debt is disputed and if such dispute
is reasonable, the person who made the
original disclosure shall reveal upon the
request of the debtor, within 30 days,
the details of the dispute to each person
to whom disclosure of the debt without
notice of the dispute was made within the
preceding 90 days;
(7) Willfully communicate with the debtor
or any member of her or his family with
such frequency as can reasonably be
expected to harass the debtor or her or his
family, or willfully engage in other conduct
which can reasonably be expected to
abuse or harass the debtor or any member
of her or his family;
(8) Use profane, obscene, vulgar,
or willfully abusive language in
communicating with the debtor or any
member of her or his family;
(9) Claim, attempt, or threaten to enforce
a debt when such person knows that
the debt is not legitimate or assert the
existence of some other legal right when
such person knows that the right does not
exist;
(10) Use a communication which
simulates in any manner a legal or judicial
process or which gives the appearance of
being authorized, issued or approved by
a government, governmental agency, or
attorney at law, when it is not;
(11) Communicate with a debtor by using
the stationery of an attorney or forms
or instruments that only attorneys are
authorized to prepare;
(12) Orally communicate with a debtor
in such a manner as to give the false
impression or appearance that such
person is or is associated with an attorney;
(13) Advertise or threaten to advertise
for sale, any debt as a means to enforce
payment, except under court order or
when acting as an assignee for the benefit
of a creditor;
(14) Publish or post, threaten to publish or
post, or cause to be published or posted
before the general public individual names
or any list of names of debtors, commonly
known as a deadbeat list, for the purpose
of enforcing or attempting to enforce
collection of consumer debts;
(15) Refuse to provide adequate
identification of herself or himself or her or
his employer or other entity whom she or
he represents when requested to do so by
a debtor from whom she or he is collecting
or attempting to collect a consumer debt;
(16) Mail any communication to a debtor
in an envelope or postcard with words
typed, written, or printed on the outside
of the envelope or postcard calculated
to embarrass the deb

[hjortur]

There are already existing laws in place regarding debt collectors pretending to be or represent attorneys or law enforcement...it's called the Fair Debt Collections Practices Act. If the are doing this to you...get a tape recorder and the next time they call...start recording and read the following statement:

Pursuant to state law, be advised that this phone call is being recorded. If you do not consent to being recorded, you need to terminate this call. Continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practices Act violations.

Take the recording to an attorney and get a nice settlement.