Debt collectors like Apex Capital Consulting cannot harass you over a debt. You have rights under the law, and we will stop the harassment once and for all.
THE BEST PART IS…
If Apex Capital Consulting violated the law, you will get money damages and they will pay your attorney’s fees and costs. You won’t owe us a dime for our services. Plus, some of our clients also receive debt relief and cleaned-up credit reports. You have nothing to lose! Call us today at 888-572-0176 for a free consultation.
Who is Apex Capital Consulting?
Apex Capital Consulting (also known as “TDS Financial LLC”) is a third-party debt collection agency based in Temecula, California. Founded in 2015, it is not accredited by the Better Business Bureau (BBB).
Apex Capital Consulting’s Address, Phone Number, and Contact Information
Apex Capital Consulting is located at 27475 Ynez Road, Suite 230, Temecula, CA 92591. The main telephone number is 866-636-9503 and the main website is https://apexcapitalconsulting.com/.
Apex Capital Consulting Complaints
The Fair Debt Collection Practices Act (FDCPA) is a federal law that applies to everyone in the United States. In other words, everyone is protected under the FDCPA, and this Act is a laundry list of what debt collectors can and cannot do while collecting a debt, as well as things they must do while collecting debt. If Apex Capital Consulting is harassing you over a debt, you have rights under the FDCPA.
The Electronic Fund Transfer Act (EFTA) protects electronic payments that are deducted from bank accounts. If Apex Capital Consulting took unauthorized deductions from your bank account, you may have an EFTA claim against the agency. Apex Capital Consulting, like most collection agencies, wants to set up recurring payments from consumers; imagine how much money it can earn if hundreds, even thousands, of consumers electronically pay them $50 – $100 or more per month. If you agreed to this type of reoccurring payment, the agency must follow certain steps to comply with the EFTA. Did Apex Capital Consulting continue to take electronic payments after you told them to stop? Did they take more money from your checking account than you agreed to? If so, we can discuss your rights and a potential case under the EFTA.
The Fair Credit Reporting Act (FCRA) works to ensure that no information reported to your credit report is false. In essence, it gives you the right to dispute those inaccuracies that you find on your credit report. We’ve handled many cases in which a debt collection agency reported debt on a consumer’s credit report to obtain leverage over the consumer. If Apex Capital Consulting is on your credit report, they may tell you that they’ll remove the debt from your credit report if you pay it; this is commonly known as “pay for delete.” If the original creditor is on your report rather than the debt collector, and you pay off the debt, both entities should accurately report this on your credit report.
Several states also have laws to provide their citizens an additional layer of protection. For example, if you live in California, Florida, Michigan, Montana, North Carolina, Pennsylvania, Texas, or Wisconsin, you may be able to add a state-law claim to your federal law claim above. North Carolina, for example, has one of the most consumer-friendly statutes in the country: if you live in NC and are harassed over a debt, you may receive $500 – $4,000 in damages per violation. We work with a local counsel in NC and our NC clients have received some great results in debt collection harassment cases. If you live in North Carolina and are being harassed by a debt collector, you have the leverage to obtain a great settlement.
How do we Use the Law to Help You?
We will use state and federal laws to immediately stop Apex Capital Consulting’s debt collection. We will send a cease-and-desist letter to stop the harassment today, and if Apex Capital Consulting violates the FDCPA, EFTA, FCRA, or any state law, you may be entitled to money damages. For example, under the FDCPA, you may receive up to $1,000 in damages plus actual damages. The FDCPA also has a fee-shift provision, which means the debt collector will pay your attorney’s fees and costs. If you have a TCPA case against the agency, we will handle it based on a contingency fee and you won’t pay us a dime unless you win.
THAT’S NOT ALL…
We have helped thousands of consumers stop phone calls. We know how to stop the harassment and get you money damages. Once again: you will not pay us a dime for our services. We will help you based on a fee-shift provision and/or contingency fee, and the debt collector will pay your attorney’s fees and costs.
What if Apex Capital Consulting is on my Credit Report?
Based on our experience, some debt collectors may credit-report, which means one may mark your credit report with the debt they are trying to collect. In addition to or instead of the debt collector, the original creditor may also be on your credit report in a separate entry, and it’s important to properly identify these entities because you will want both to update your credit report if or when you pay off the debt.
THE GOOD NEWS IS…
If Apex Capital Consulting is on your credit report, we can help you dispute it. Mistakes on your credit report can be very costly: along with causing you to pay higher interest rates, you may be denied credit, insurance, a rental home, a loan, or even a job because of these mistakes. Some mistakes may include someone else’s information on your credit report, inaccurate public records, stale collection accounts, or even being a victim of identity theft. If you have a mistake on your credit report, there is a process to dispute it, and my office will help you obtain your credit report and dispute any inaccurate information.
If a credit reporting agency violates its obligations under the Fair Credit Reporting Act (FCRA), you may be entitled to statutory damages up to $1,000, and the credit reporting agency will be required to fix the error. The FCRA also has a fee-shift provision, which means the credit reporting agency will pay your attorney’s fees and costs. You won’t owe us a dime for our services. We have helped hundreds of consumers fix inaccurate information on their credit reports, and we’re ready to help you, too.
What Our Clients Say About Us
“Michael Agruss handled two settlements for me with great results and he handled them quickly. He also settled my sister’s case quickly and now her debt is clear. I highly recommend Michael.”
“Mike Agruss Law was very helpful, they helped me solve my case regarding the unwanted calls. I would highly recommend them. Thank you very much Mike Agruss!”
“Mike Agruss Law was very helpful to me and my veteran father! We were harassed daily and even called names for a loan that was worthless! Agruss stepped in and not only did they stop harassing, they stopped calling altogether!! Even settled it so I was paid back for the problems they caused!”
Can Apex Capital Consulting Sue Me?
Although anyone can sue anyone for any reason, we have not seen Apex Capital Consulting sue consumers, and it’s likely that the agency does not sue because they don’t always own the debt they are attempting to collect, and would also need to hire a lawyer, or use in-house counsel, to file a lawsuit. It’s also likely that the agency collects debt throughout the country, and it would be quite difficult to have lawyers, or a law firm, licensed in every state. However, there are collection agencies that do sue consumers; for example, Midland Credit Management is one of the largest junk-debt buyers, and it also collects and sues on debt. Still, it is less likely for a debt collector to sue you than for an original creditor to hire a lawyer or collection firm to sue you. If Apex Capital Consulting has threatened to sue you, contact Mike Agruss Law as soon as possible.
Can Apex Capital Consulting Garnish my Wages?
No, unless they have a judgment. If Apex Capital Consulting has not sued you, then the agency cannot get a judgment. Barring limited situations (usually involving debts owed to the government for student loans, taxes, etc.), a company must have a judgment in order to garnish someone’s wages. In short, we have not seen this agency file a lawsuit against a consumer, so the agency cannot garnish your wages, minus the exceptions listed above. If Apex Capital Consulting has threatened to garnish your wages, contact our office right away.
Apex Capital Consulting Settlement
If you want to settle a debt with Apex Capital Consulting, ask yourself these questions first:
- Do I really owe this debt?
- Is this debt within the statute of limitations?
- Is this debt on my credit report?
- If I pay this debt, will Apex Capital Consulting remove it from my credit report?
- If I pay this debt, will the original creditor remove it from my credit report?
- If I pay this debt, will I receive confirmation in writing from Apex Capital Consulting for the payment and settlement terms?
These are not the only things to consider when dealing with debt collectors. We are here to help you answer the questions above, and much more. Whether it’s harassment, settlement, pay-for-delete, or any other legal issue with Apex Capital Consulting, we at Mike Agruss Law are here to help you.
Top Debt Collection Violations
Debt collection laws provide a laundry list of what collectors can and cannot do while collecting a debt. Based on our years of experience handling thousands of debt collection harassment cases, here’s what collection agencies most often do to violate the law:
- Called you about a debt you do not owe.
- Called you at work after you told them you cannot receive calls at work.
- Left you a message without identifying the company’s name.
- Left you a message without disclosing that the call is from a debt collector.
- Called third parties (family, friends, coworkers, or neighbors) even though the collection agency knows your contact information.
- Disclosed to a third party (family, friends, coworkers, or neighbors) that you owe a debt.
- Contacted you after you said to stop calling.
- Threatened you with legal action (such as a lawsuit or wage garnishment).
- Called you before 8:00 AM or after 9:00 PM.
- Continued to call you after you have told the collector you cannot pay the debt.
- Communicated (phone or letter) with you after you filed for bankruptcy.
- Failed to mark the debt on your credit report as disputed after you disputed the debt.
Frequently Asked Questions
- Do I have to pay your fees and costs for helping me with my consumer rights case? No. We handle consumer rights cases based on a fee-shift provision and/or a contingency fee. That means either the other side pays your fees and costs, or we take a percentage of your recovery. Whether it’s a fee-shift case or a contingency-fee case, we don’t get paid unless you get paid, and you’ll never owe us a penny for our time.
- What are the damages I can get under the Fair Debt Collection Practices Act? If a collection agency violates any section of the FDCPA, you are entitled to damages up to $1,000.00. You may also be entitled to actual damages if the violation caused you out-of-pocket expenses. For example, if a collection agency threatens you with legal action to induce you to pay the debt, you may be able to get your payment back as actual damages.
- What type of debt is covered under the Fair Debt Collection Practices Act? Only consumer debt, such as personal, family, and household debts. For example, the money you owe on a personal credit card, an auto loan, a medical bill, or a utility bill. The FDCPA does not cover debts you incurred to run a business, or debts regarding unpaid taxes, or traffic tickets.
- Does the Fair Debt Collection Practices Act apply to banks or credit card companies? No. Only third-party debt collectors are bound by the FDCPA. Original creditors, such as banks and credit card companies, are not bound by the FDCPA.
- Are there state laws that protect me from original creditors? Yes! Several states also have laws that provide their citizens an additional layer of protection. If you live in California, Connecticut, Florida, Kansas, Massachusetts, Michigan, Missouri, Montana, North Carolina, Nevada, Oklahoma, Pennsylvania, Texas, or Wisconsin, you have additional state-law rights.
- Are mistakes on credit reports common? Yes! Are you one of the 40 million Americans who have a mistake on their credit report? Mistakes on your credit report can be very costly. Along with causing you to pay higher interest rates, you may be denied credit, insurance, a rental home, a loan, or even a job because of these mistakes. Some mistakes may include someone else’s information on your credit report, inaccurate public records, stale collection accounts, or maybe you were a victim of identity theft.
- What do I do if I have a mistake on my credit report? If you have a mistake on your credit report, there is a process to dispute them. My office will help you pull your credit report and dispute any inaccurate information. If a credit reporting agency violates its obligations under the Fair Credit Reporting Act (FCRA), you may be entitled to statutory damages up to $1,000.00, plus the credit reporting agency will be required to fix the error. The FCRA also has a fee-shift provision, which means the credit reporting agency pays your attorney’s fees and costs. Therefore, you will not pay me a penny for my time. To speed up the process, please get a free copy of your credit report at www.annualcreditreport.com. You can also learn more about the FCRA and your rights here.
Share your Complaints against Apex Capital Consulting Below
We encourage you to post your complaints about Apex Capital Consulting. Sharing your complaints against this agency can help other consumers understand what to do when this company starts calling. Sharing your experience may help someone else!
HERE’S THE DEAL!
If you are being harassed by Apex Capital Consulting over a debt, you may be entitled to money damages – up to $1,000 for harassment. Under state and federal laws, we will help you based on a fee-shift provision and/or contingency fee, which means the debt collector pays your attorney’s fees and costs. You won’t owe us a dime for our services. We have settled thousands of debt collection harassment cases, and we’re prepared to help you, too. Contact Mike Agruss Law at 888-572-0176 to stop the harassment once and for all.