Consumer complaint received 2024-10-02
Product: Debt collection — Rental debt
Issue: Written notification about debt — Notification didn't disclose it was an attempt to collect a debt
Company: Capstone Credit & Collection, LLC. (FL)

Rebuttal to Capstone Credit Collections Subject : Formal Rebuttal Demand for Immediate Removal of Invalid Accounts and Legal Notice ( FDCPA and FCRA Violations ) Dear Capstone Credit Collections, This letter serves as my final formal response to your inadequate attempt to validate the debts associated with XXXX XXXX XXXX  XXXX XXXX and XXXX XXXX XXXX XXXX XXXX Your continued reporting of these invalid accounts constitutes blatant violations of both the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ). Moreover, XXXX has already removed these accounts from my credit report, further validating that these debts are invalid and should never have been reported. 

Violations Under FDCPA : Your agency is in direct violation of the following provisions of the FDCPA : 1. 15 U.S.C. 1692g ( b ) Validation of Debts According to this section, a debt collector must cease collection activities until they provide sufficient validation of the debt after a consumer disputes it. Your continued reporting of these accounts to credit bureaus without proper validation is a clear violation of this requirement.

2. 15 U.S.C. 1692e ( 2 ) ( A ) False Representation of Debt Your agency is falsely representing the character and legal status of these debts by claiming that I am responsible for amounts that were supposed to be covered by my scholarship. You have not provided any valid documentation proving my liability, violating this provision. 
3. 15 U.S.C. 1692c Cease Communication Request I have previously invoked my rights under Section 1692c, which mandates that your agency cease all communication with me until the debts are validated. Your continued reporting and communication constitutes a direct violation of this section. 

Violations Under FCRA : Your agency is also in violation of the following provisions of the FCRA : 1. 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) Duty to Report Accurate Information You are required to report accurate and complete information to the credit bureaus. The debts you claim are inaccurate, as the accounts were supposed to be covered by my scholarship. Your failure to report accurate information is a violation of this provision. 
2. 15 U.S.C. 1681s-2 ( b ) Duty to Correct and Update Information Upon receiving a dispute, the furnisher of information must investigate and correct any inaccuracies. Your agencys failure to correct or remove these accounts from the credit bureaus is a direct violation. 
3. 15 U.S.C. 1681i ( a ) Failure to Conduct a Reinvestigation Credit reporting agencies, such as XXXX and XXXX, have an obligation to reinvestigate when a consumer disputes the accuracy of their credit report. Your agencys continued reporting of this inaccurate information, especially after XXXX removal of these accounts, exposes both you and the credit bureaus to liability. 

Case Law Supporting My Claim : Several legal precedents support the immediate removal of these accounts : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX. XXXX ) : The court ruled that continued reporting of a disputed debt without proper validation constitutes a violation of the FDCPA. Your failure to adequately validate these debts falls directly under this precedent. 
XXXX v. XXXX. XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX XXXX ) : Debt collectors were found liable for reporting inaccurate debt information, resulting in statutory damages under the FCRA. Your continued reporting of incorrect debt information mirrors this violation. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) : The court emphasized that debt collectors must cease all collection activities, including reporting to credit bureaus, until proper validation is provided. Your continued reporting without validation places you in violation of this case law. 

Demand for Immediate Removal : In light of the serious violations of both the FDCPA and FCRA, along with the supporting case law, I demand that you immediately remove these accounts from XXXX and XXXX. XXXX removal of these accounts already highlights the illegitimacy of these debts. Your continued non-compliance places you in clear violation of federal law, and I will pursue all available legal remedies if these accounts are not removed within 15 days.