Is Brightwater Capital, LLC calling you?* Here's what you need to know.
Anyone can run into hard times financially, causing their accounts to go into collections, and debt collectors to start calling them at home and work. Many of them seriously consider personal bankruptcy, unaware that they have rights that prohibit such harassment.
Your Rights Under the FDCPA
As a consumer you have legal protection under the Fair Debt Collection Practices Act, or FDCPA, which limits what debt collectors may say and do during the process of collecting a debt. Below are examples of collection tactics that are illegal under the FDCPA.
- Calling you constantly every day
- Using profane or obscene language
- Failing to identify themselves as debt collectors seeking to collect a debt
- Calling you at work after you advise that your boss won’t let you take such calls
- Pretending to be police officers, government officials, or any other law enforcement figure
- Telling your friends, neighbors, and co-workers that you owe a debt
Company Profile: Brightwater Capital, LLC
Brightwater Capital, LLC is a debt collection agency located in Maitland, Florida. It was established in 2010, has less than 10 employees, and is managed by its Vice-President, Liliana Shields. Records on file at the PACER (Public Access to Court Electronic Records) website confirm that Brightwater Capital, LLC has been accused of violating consumer rights during the debt collection process.
Alleged Violations against Brightwater Capital, LLC
Ramona Rodriguez vs. Brightwater Capital, LLC*
According to PACER, in or around 2014 Brightwater Capital, LLC started trying to collect a Citibank debt from Illinois resident Ramona Rodriguez, a disabled senior citizen, with limited assets and income, who fell behind on paying her bills. She sought the assistance of legal aid attorneys at the Chicago Legal Clinic’s LASPD program, who contacted the two companies Brightwater Capital, LLC had retained to collect the debt. Her attorneys advised that Ms. Rodriguez was represented by counsel, and directed that further collections cease because she was forced, by her financial circumstances, to refuse to pay her unsecured debt.
Undeterred, Brightwater Capital, LLC allegedly had yet another debt collector, send Ms. Rodriguez a collection letter in September 2014. She responded by suing the company for allegedly violating the FDCPA in the following ways:
- Ignoring a cease communication request
- Contacting her directly after she had engaged an attorney
The matter was later resolved.
Hire an Attorney
The phone number for Brightwater Capital, LLC is 1-321-800-7163. If you see this number on your caller ID when the phone rings, a debt collector is calling. If they persist in contacting you after you have formally requested that they stop, hire a consumer attorney. If you decide to assert your rights in court, you could potentially be awarded $1,000 per FDCPA violation as well as attorney's fees, court costs, and any actual damages. When a debt collector goes too far, let the law help you push them back.
*Case taken from PACER (www.pacer.gov). File number is Case: 1:14-cv-09126 from the United States District Court, Northern District of Illinois, Eastern Division.
Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Brightwater Capital, LLC or any other third-party collection agency, you may not be entitled to any compensation.