Consumer complaint received 2025-09-14 00:00:00
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Capital Management Services, LP
State: FL

Complaint narrative:
I, XXXX XXXX XXXX, residing at XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX, hereby submit a formal complaint against XXXX  XXXX XXXX and the debt collection agency CMS. 

Timeline of events : 1. In XXXX, I opened a secured credit card with XXXX  XXXX XXXX and deposited {$4000.00} of my own funds. 
XXXX. In XX/XX/XXXX, the bank unilaterally reduced my credit limit from {$4000.00} to {$2000.00} and withheld about {$2000.00} from the deposit without explanation.

3. At the time of the reduction, my account still had about {$1700.00} {$1800.00}, which also disappeared. The bank provided no written notifications or explanations.

4. The bank started charging interest and reported a debt, despite the fact that these were my own deposited funds.

5. I repeatedly contacted the bank by phone, demanding written explanations and transaction details. They promised to investigate, but I never received an official response.

6. In violation of my rights, the bank transferred the disputed account to CMS. In doing so : I never received an official letter from the bank notifying me of the transfer.

I never received an official letter from CMS confirming their authority. 
All notifications came only by email, some of which went to spam. 

Violations of law : Fair Credit Billing Act ( 15 U.S.C. 1666 ) the bank failed to provide a response to my dispute within 90 days.

Truth in Lending Act ( 15 U.S.C. 1637 ( b ) ) the bank did not provide written notice of changes to the agreement ( credit limit reduction, deposit withholding ).

Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7001 ) even if I consented to electronic communication, this does not relieve the bank of the obligation to send official notices regarding disputes by certified mail.

Equal Credit Opportunity Act ( 15 U.S.C. 1691 ) reducing the credit limit is an adverse action, for which the bank must provide a written notice with reasons. I never received one.

Fair Credit Reporting Act ( 15 U.S.C. 1681s-2 ) the bank reported the debt to credit bureaus without properly investigating my dispute.

Fair Debt Collection Practices Act ( 15 U.S.C. 1692g ) CMS was required to send me an official notice validating the debt within 5 days of the first contact. They failed to do so.

Florida Consumer Collection Practices Act ( Florida Statutes Chapter 559, Part VI ) debt collectors must be licensed to operate in Florida. According to OFRs public registry, CMS does not hold a Florida license. 

Additional notes : Emails are digitally traceable ( date, time, server ), but this does not replace official written notice required by law.

CMS is operating without proper notice and without authority in my state, which is unlawful. 

The debt collector even included a disclaimer at the bottom of their letter stating that I am allegedly prohibited from sharing the communication with anyone except the intended recipient. This appears to be an attempt to discourage me from exercising my legal rights to submit such information to regulatory authorities. Such language is misleading and may constitute an unfair or deceptive practice under federal law, including the Consumer Financial Protection Act ( 12 U.S.C. 5531 ) and the FDCPA ( 15 U.S.C. 1692 ).

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation