Unsolicited calls from an unscruplous Collection Agency that are NOT for my MINOR child.

ComplaintsUnsolicited Phone CallsCapital Management Services, L.P.

Complaint

0
Ronin
Country: United States
800-504-2401 This number is CONTINUOUSLY calling my 14 year old son's brand new cell phone NONSTOP looking for someone that clearly is NOT at the number they are calling.

I have since started answering my son's cell phone when they call, and the last few calls came in at the MIDDLE of the NIGHT at 1 AM, 3 AM and 5AM. Each and every time, they keep asking for someone we do NOT know. There is NO one named "Glen" at this number. That's NOT my name, it's NOT my son's name, it's NOT my younger son's name and it's NOT my wife's name.

Note directly to Capital Management:

* We do NOT owe you anything.
* We are NOT who you are looking for.
* My son JUST got this new cell number a few months ago.
* Continuously calling his number is considered harassment.
* Calling at the hours you are calling violates a Federal Law.

It also seems that you've already been sued in the past.
Case in point: CASE NUMBER: 3:09−CV−03465−MLC−DEA
If you continue to harass my MINOR child, I WILL sue you as well.

I have already told them over 8 times now, as well as taking my personal time to contact them directly by calling THEIR number and leaving a message informing them that they have the WRONG NUMBER and if they continue to call, I WILL be contacting the BBB, the FCC, Sprint/Nextel and our local Police Department, as well as the District Attorney's Office both here and in New York.

Well, they are STILL calling. Guess it's time to step up the legal actions against them.

CAPITAL MANAGEMENT SERVICES L.P. aka RESURGENT CAPITAL SERVICES L.P.
726 Exchange Street, Suite 700
Buffalo, Erie County, NY 14210
800-504-2401 / 800-457-8220 / 716-871-9050
Fax: 716-566-2653
http://www.cms-collect.com/company.html

CAPITAL MANAGEMENT SERVICES L.P.
700 Executive Center Drive
Greenville, SC 29615
864-365-5798 / 864-331-5700

Jeffrey A. Hauser, CEO
Larry Costa, President
Karen Kraska, Secretary-Treasurer
Timothy Kraska, (very) Silent Partner
Patricia M. Cipriani, House Lawyer

(716) 871-9050
Fax Number: (716) 852-1620
Email Address: dbiondolillo@cms-collect.com
(716) 566-2630  / (716) 873-1695 / (800) 295-6137
(800) 504-2404 / (800) 519-2649 / (800) 906-5917

Comments

  • 0
    tj
    Your experience indicates they have no effective compliance with debt collection law, including FDCPA

    Send them notice, certified mail, to "Legal Compliance" at each address, including documenting the dates and times of the calls to your minor child and your demand to cease calling that number, then file complaints with FTC, your state Attorney General, and their two state Attorneys General.

    There really is no reason to wait further, as they are already blatantly violating FDCPA, and it's clear that continuing to tell them to cease will have no effect.

    If they continue harassing your son, file a complaint with your local DA, and pass the matter off to an attorney with experience in FDCPA litigation willing to take the case on contingency.  You might get their attention better if they might have to pay your attorney fees.
  • 0
    tj
    This pattern showing a lack of compliance, including harassing calls and repeatedly ignoring complaints that they are calling the wrong number, is often accompanied by other violations, including ignoring dispute and validation requirements through deceptive, abusive, or fraudulent collection, which might defraud people contacted "in error".

    If they can't stop harassing your son, who isn't even remotely confuseable with who they are seeking, they will likely do the same to people they "accidentally misidentify" who might have a similar name.  The failure to fix such a simple problem is an indicator they don't have any effective mechanism in place ensure compliance.
  • 0
    highly unlikely
    | 1 reply
    the company isnt even open at 1-5AM. quit lying.
    • 0
      Jo Jo replies to highly unlikely
      How The f _ _ _ do you know that the company or one of their reps are not
      calling between 1AM & 5AM?...after all; why else woul someone even sat it unless it were true?
      You must be from c m s !!!
  • 0
    Tom
    I have also received calls very late at night (I am Pacific Time Zone).  So I believe your story.  I have told this company to stop calling - that I have received a new phone number, etc.  I was told by a Manager named "Lew" that I was added to a "do not call" list - but every time a representative calls me, I ask them if they checked the list of numbers to not call, and they tell me they don't know what I am referencing.  If there even IS a list, then the procedure for making calls certainly does NOT include cross checking the list.  I am going to submit this complain to the FCC to see what happens.
  • 0
    Trixie
    Between the landline and the cell, they call about 8 times a day with "unknown" on the caller ID. They don't ever leave a message, but once they slipped and I was able to trace the number to this company. Today's call was the pits: a gentleman called us to say his wife was in surgery and that he was glad we had contacted him. He left one of their 716 numbers thinking we wouldn't figure it out.
  • 0
    Jerri
    The RESURGENT CAPITAL SERVICES L.P. started calling me on my cell one week ago using the phone number 866-205-5276. I told the first person I talked to that "The debt you are trying to collect was from my daughter back in 2002. It was never on my credit. If it had been, I would have paid it. I will not pay it now." (Because it will go on my credit which I have worked hard to clean up.) They continued to call, never left a message. Two days ago, I answered the phone, not sure about the number. It was a different person reading off a script. I told her the same thing and hung up. I then saved the number. They called again five minutes later and 2 more times that day. Then the following day at 8am PST (their call time of choice). Starting tonight at 8pm PST, their phone number was 866-205-5284. I answered. He spoke his script. I said "No thank you" and hung up. They immediately called back and I didn't answer. I saved the number. If they continue to call, I will send a complaint for harassment to the FCC. I'm sure they are representing someone who bought this old debt for pennies on the dollar. Once you start paying, they've got you! Don't do it!
  • 0
    Fordy
    Received a letter from this "outfit" mid-2011 with someone elses first and middle name on it. The letter wasn't signed which made me suspicious. They were willing to settle for 15% of what was owed and included a self-addressed envelope. I don't owe anyone anything so I ignored it.  Then I started receiving phone calls from a live person. I tried to be polite and tell him I wasn't who they were looking for and that I didn't know the person or had ever heard of the person and the name wasn't in my phone book. BUT, he kept calling and harassing me so I sent all my info to the Attorney General who contacted them by mail and finally the phone calls stopped. GUESS WHAT, it's now 2012 and they are calling again, this time by automated recording. I've notified the Attorney General again on Feb,1.  Meanwhile, I've done some research on the computer and I've located who they are looking for and I have the phone number and address. I would be willing to give it to them but only after I had some written assurance that they would purge my name, address, and phone number from their system. But, I don't trust them and I don't know how to go about this. I may send this info to the Attorney General too.
  • 0
    Leave me alone
    February 2012...someone used my home address BUT NOT my personal information, my phone number.  Their Mid-Eastern name is not close to my name.  This company continues to call and leaves computerized messages.  Won't they be surprised to find out they are calling a roll over line to an attorney's office.
  • 0
    C'mon people
    | 1 reply
    No one is calling you from this company at those hours. If they are, and are claiming to be CMS, I would be very, very concerned because the office is not only closed, but the phone system physically would not be able to dial after 9pm. If someone is calling you at these times and claiming to be Capital Management Services, you absolutely DO have a scam on your hands. Good luck everyone, and sorry for all of your... terrible inconveniences.
    • 0
      Tracey replies to C'mon people
      If the same number is showing up on phone records, and your phone company verifies it was them at those times. Are the phone companies LIARS to0? This company has used various company names...including, Centria Collections, Care Credit, Chase, and Synchrony Bank. from the same exact numbers and more and more cases are coming against them.  I get calls for a DIRECT TV bill that was NOT LATE and PAID IN FULL in 2016, I HAVE RECEIPTS and BANK STATEMENTS to prove it. THEY are using an account number that does NOT belong to me and using the same exact amount  I paid. Sounds like FRAUD to me!
  • 0
    CMON PEOPLE
    | 1 reply
    Stop protecting the criminals you probably even one of them folks got to report any one that harass them
    • 0
      Red adams replies to CMON PEOPLE
      This is a pain in the butt

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