Is Berkshire Capital Services Calling You for a Debt?
Is Berkshire Capital Services Calling You for a Debt? Berkshire Capital Services is a debt collection agency that, like any other, must adhere to strict regulations under the Fair Debt Collection Practices Act (FDCPA) and other consumer protection laws. If a consumer believes that Berkshire Capital Services is engaging in harassment or any other illegal debt collection practices, it is crucial to understand the legal protections in place and how to address the situation.
Who is Berkshire Capital Services?
According to the Better Business Bureau, Berkshire Capital Services is a third-party debt collector located in Tampa, Florida. Berkshire Capital Services opened their BBB file on 08/09/23. There have been 6 customer complaints closed out in the last 3 years and 6 customer complaints closed out in the last 12 months. You can read more here about Berkshire Capital Services.
Contact Information
Phone: (833) 755-0333
Understanding Debt Collection Harassment
Debt collection harassment occurs when a debt collector uses aggressive, abusive, or unethical tactics to collect a debt. Under the FDCPA, consumers are protected from harassment, which can include:
- Repeated Phone Calls: Calling excessively, especially at inconvenient times, to pressure you into paying.
- Threatening Behavior: Threatening violence, legal action, or other consequences that the collector has no intention of carrying out.
- Use of Profanity or Abusive Language: Using obscene or insulting language during communications.
- False Statements: Providing misleading information about the debt, such as inflating the amount owed or falsely claiming to represent a government agency.
- Public Disclosure of Debt: Discussing your debt with others or threatening to expose it to your employer, family, or friends.
- Ignoring Cease-and-Desist Requests: Continuing to contact you after you’ve requested in writing that they stop.
Steps to Take If You Experience Harassment
If you believe Berkshire Capital Services is harassing you, here are some steps you can take:
- Document the Harassment: Keep detailed records of every communication with the debt collector, including the date, time, content of the conversation, and the name of the person you spoke with. Save any voicemails, letters, or emails as evidence.
- Request Validation of the Debt: Under the FDCPA, you have the right to request validation of the debt within 30 days of the first contact. This requires the debt collector to provide proof that you owe the debt.
- Send a Cease-and-Desist Letter: If the harassment continues, you can send a written request to Berkshire Capital Services instructing them to stop contacting you. Once they receive your letter, they can only contact you to confirm receipt or to inform you of specific actions, such as a lawsuit.
- File a Complaint: Report the harassment to the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and your state’s attorney general’s office. These agencies can investigate and take action against the debt collector if they are found to be in violation of the law.
- Consult an Attorney: If the harassment is severe or you’re unsure of how to proceed, consider consulting with an attorney who specializes in consumer protection or debt collection law. An attorney can help you understand your rights and potentially take legal action against the debt collector.
Legal Recourse and Potential Damages
If Berkshire Capital Services is found to be in violation of the FDCPA, you may be entitled to statutory damages of up to $1,000, as well as compensation for any actual damages suffered, including emotional distress. Additionally, you may be able to recover attorney’s fees and court costs if you win your case.
Conclusion
Dealing with debt collection is stressful enough without the added burden of harassment. If you believe Berkshire Capital Services is engaging in illegal practices, it’s important to know that you have rights and options to protect yourself. Taking the appropriate steps can help you stop the harassment and potentially recover damages for any harm caused.
About Us
Consumer Rights Law Firm, PLLC is a law firm that specializes in helping clients who are facing harassment from debt collectors. If you suspect that your debt collection rights are being trampled upon, contact our office to begin the process to stop the harassment you may currently be receiving from Berkshire Capital Services. Our office has been assisting consumers since 2010, and we have an A+ rating with the Better Business Bureau.
Call us at 877-700-5790 for immediate assistance.
Success Stories
“I would highly recommend the Consumer Rights Law Firm to anybody that has been harassed! They were very professional and straightforward about my rights”.
“Because of a lie from a third-party debt collector that threatened me financially I nearly made the mistake of paying the debt collector money I couldn’t afford. The people here were friendly, knowledgeable and settled my case quickly. THANK YOU SO MUCH!!”
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