Dynamic Capital Reviews (%countItem)
Dynamic Capital Rating
Address: 5845 Collins Ave, Miami Beach, Florida, United States, 33140
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This company called me 3X using an autodialer and pre-recorded message without my consent, a violation of the TCPA.
This company called me with 3 times on 2/22/19, 5/7/19, and 5/15/19 from (XXX) XXX-XXXX offering business funding using spoofed number, an autodialer, and a pre-recorded message when I have never given express prior written consent for them to do so. I sent certified mail to request these unwanted contacts stop, but they have not taken any action.
Respond to my letter.
In response to the consumer complaint (Case #XXXXXXXX), Dynamic Capital denies all allegations. Our company has never used an auto dialer, nor has it ever used pre-recorded messages. We purchase all phone numbers utilized to contact clients and have been given prior consent to do so. The number (XXX-XXX-XXXX) which this consumer claims to have been contacted by has never been used by Dynamic Capital, nor has Dynamic Capital ever owned said number. Furthermore, Dynamic Capital's representatives always introduce themselves when they call, yet this consumer failed to furnish a representative's name.
During our internal investigation into this matter, we discovered that this consumer is a known vexatious litigator. He utilizes similar tactics with out-of-state businesses with the goal of extorting a small payment from the business. This payment is in exchange for not filing an erroneous claim in his local small claims court. He aims to extract an amount from a given business roughly equal to the travel and legal costs associated with fighting his dubious claims.
It is my hope that not only will this complaint be dismissed, but this consumer will be prohibited from making any further complaints to the Revdex.com so as to prevent other reputable businesses from becoming entangled in his fraudulent snare.
(The consumer indicated he/she DID NOT accept the response from the business.)
In the company's response they slandered me by calling me a "known vexatious litigator." Where did they discover this alleged information? I believe they are just making this up in an attempt to dismiss my claims. See below for proof they requested, but first I'd like to address their unfounded insults.
They went on to frivolously accuse me of committing extortion, which is a felony. I know I am well within my rights to private action regarding illegal robocalls. My entire intention in sending my initial letter is to uphold the rule of law. So if they sincerely believe I have committed a crime, I would ask that they please report me to the appropriate authorities so they can investigate this criminal behavior they allege I commit on a regular basis. They, of course, won't do that because they know that I am well within my rights as a consumer to address the harassment this company has engaged in against me, and that they have violated the TCPA and possibly other federal regulations.
They received certified letter from me regarding illegal communications made to my cell phone on 5/22/2019 (proof: https://tools.usps.com/go/TrackConfirmAction?tLabels=XXXXXXXXXXXXXXXXXXXX) and they called me as recently as 6/18/2019, EVEN THOUGH I had sent mail, and email, and Revdex.com complaints. Any court of law would view this blatant disregard of my requests as egregious disregard for the TCPA, and some would consider it harassment.
They said "This payment is in exchange for not filing an erroneous claim in his local small claims court. He aims to extract an amount from a given business roughly equal to the travel and legal costs associated with fighting his dubious claims." False again.*** The United States Congress passed the TCPA law in order to provide a private right of action to incentivize consumers, like myself, who are fed up with illegal, lawbreaking robocall spammers blowing up their phones incessantly without prior consent to do so, to take action against them to discourage this behavior. Additionally, the burden of proving my consent is placed solely on Dynamic Capital.
They accused me of intending to "entangle businesses in my fraudulent snare." This is false, and is borderline slander/harassment/libel. Again, if they believe I am committing FRAUD, a felony, they should report this to the authorities.
Attached to this response, are two screenshots of emails that I had their employees send me after they called me using and auto dialer and a pre-recorded message, the subject line of one of those emails is literally "WE JUST SPOKE!!" pretty hard to deny speaking with me.
Additionally, if they had ever addressed my concerns when I had initially mailed them certified mail, I would have never had to go through the Revdex.com to force their response. The TCPA states that it is the offending party's responsibility*** to prove that I consented to receive these communications from their company.
Proof of my consent was also requested in the certified mail that I sent, and if they had actually read it, they would have addressed that. In fact, my letter stated that if I was remiss in asserting that their company made these communications illegally, and if they did in fact have my consent, I stated that I would drop all claims related to this illegal contact, however, their company does not appear to have such consent, hence their angry vindictive responses.
I would like to request for the Revdex.com to have their accreditation removed, or have their score lowered, in the event that they do not comply with my requests for consent that they claim I provided. And I would hope that the Revdex.com is not an organization that defends phone spammers giving them a blank pass to robocall and harass consumers and still maintain accreditation.
Additionally, this is my last communication before filing the lawsuit, and they can choose to respond in good faith, or face my claims in court in front of a judge.
Dynamic Capital does not have any association with this new phone number being presented (XXX-XXX-XXXX) in this latest response (attached screenshot) in addition to having no association with the phone number listed in the initial complaint. We would also like to reiterate that Dynamic Capital has never previously, does not currently, and will never in the future, utilize an automatic dialer or pre-recorded messages.
The email attached by the consumer to this complaint is dated as of 04/30/19. He stated in his most recent response that he requested to have the purported agent from Dynamic Capital send him a follow up email. If it was his desire to be placed on a 'do not call list', why would he not have indicated so? Why instead, as he indicated, did he request and authorize the purported agent to follow up with him by contacting him via email?
Furthermore, his initial complaint alleges we used an automatic dialer and a pre-recorded message to contact him. Yet, as just alluded to, he claimed to have spoken to someone in order to make the request to be contacted. Can he explain that discrepancy?
Nonetheless, since the delivery of his 05/22/2019 letter, the consumer's number has been on Dynamic Capital's Do Not Call List.
(The consumer indicated he/she DID NOT accept the response from the business.)
Firstly, I would like to bring to Dynamic's attention that this will be my last attempt to remedy this situation sans litigation.
I was transferred to Dynamic Capital after receiving an autodialed call from all of the numbers listed in my complaint and documentation. Though Dynamic denies using an autodialer or prerecorded messages, they likely employed a marketing company who does so. The TCPA is very clear that Dynamic is still liable in the event that this has occurred. If I was transferred to Dynamic Capital from a call center/marketing company, they are fully capable of giving up the name of that company, however they are not going to because they are still liable if that was the case as well.
It IS my desire to be placed on a do not call list, and always has been, but I, and millions of other Americans are sick and tired of receiving unsolicited robocalls, so on this call, I decided to ask them to send me an email with their information stating "We just spoke" they know this because they have indicated that they have listened to the recording of the phone call.
My reason for requesting that email *with that specific subject linewas so that Dynamic Capital would not be able to deny having called me. They are trying, but their own representative sent me an email plainly stating that he just spoke to me. Any judge will look at that email as admission of having contacted me.
If Dynamic Capital has any proof that I opted into receiving autodialed calls with a prerecorded message, they would be more than capable of producing such records, however they did not have my permission.
Dynamic Capital was responsible for the unsolicited robocalls, did not have my permission, and thus, violated the TCPA and is responsible for statutory damages as they violated the law.
I am giving Dynamic Capital until 7/31/2019 to respond with an offer for settlement. That is the only resolution I will accept. If I do not receive an offer by that date, I will proceed with litigation and will not settle for less than the full statutory damages I am legally entitled to.
Thank you,
***
(XXX) XXX-XXXX
Rude Salesperson and bad business practice
Recieved a call from this company by a salesman named ***. He called and requested to speak to the CEO who was not in at the time. I being the CFO took the call. When I advised the CEO was not in they wanted to end the call, I requested their contact information so that I could leave a note or maybe assist them. *** quickly said his name and dynamic capital then hung up. I was unable to get the reason for the call, a telephone number to call them back. I then called repeatedly the contact number for dynamic capital that is posted on their website and never could get an answer. I used their chat feature and was able to get ahold of a floor manager named *** he provided his direct telephone number. He was very professional and polite and stated that they would take care of the issue from inside. My main problem is I dont know why a company would want to hide who they are and what they are selling so bad they wont provide any information when asked.
Per the manager they will not make any additional calls to our company. Assuming they follow through with this promise we can say the matter is resolved.
To whom it may concern,
Right before the recent holidays, we had a group of newly hired employees which were going through our two-week training. It was ***'s second day on the phone during his training cycle when that instance occurred. *** was part of that training class and has worked on his customer interaction skills since.
As soon as we were informed of the incident by ***, we immediately placed the merchants phone number on our internal Do Not Call List. We can provide a copy of our Internal Do Not Call Policy to the merchant if he would like.
We will do more training in the future with all new hired employees regarding leaving proper messages and call etiquette.
We will not contact the merchant our his business in the future outside of these Revdex.com communications.
It is clear from the other six negative reviews and complaints, that Duke & Co, LLC or Dynamic Capital of Miami, LLC is just a bunch of telemarketers.
It is clear from the other six negative reviews and complaints, that Duke & Co, LLC or Dynamic Capital of Miami, LLC is just a bunch of telemarketers.
I was called on my DNC registered cell phone. *** and *** do not care about the TCPA and privacy laws. This is a scam operation that runs a full time boiler room operation of illegal telemarketing.
Dynamic Capital's business model is sickening, dishonest and completely unethical.
They need to send me a copy of the written Do Not Call Policy. And, stop calling me.
stop illegal telemarketing. Stop hiring 3rd parties to telemarket for you. Start scrubbing your telemarketing lists against the do not call registry. Start obeying the law. Stop breaking the law and stop invading our privacy.
November 17, 2017
***
Revdex.com
Serving Southeast Florida and the Caribbean
*** Circle, Suite 4
West Palm Beach, Florida XXXXX
Re: Revdex.com Complaint ID#: XXXXXXXX
Consumer: ***
Dear Ms. Fitzgerald:
This letter is on behalf of my client Dynamic Capital ("Dynamic") in Miami Gardens, Florida, and in response to Mr. above-referenced complaint with the Revdex.com (the "Revdex.com Complaint"). Mr. received one phone call from Dynamic, and once Dynamic was made aware of Mr. request to not be contacted, his phone number was immediately removed from the marketing list.
As a result of the single phone call, Mr. is presently suing Dynamic; Stop Telemarketing Me, Llc, A California Llc Vs. Dynamic Capital Of Miami Llc, A Florida Llc, San Diego County Superior Courts, XX-XXXX-XXXXXXXX-SC-SC-CTL. Mr. is using the Revdex.com Complaint to pressure a company with a perfect A+ rating to give into his unwarranted settlement demands.
Further background is required to explain Mr. actions. Mr. is a convicted felon, who pled guilty in February 2010 for stalking, and in November 2010 for racketeering, serving 13 months in federal prison. Mr. had been a Certified Public Accountant, a license that he surrendered due to his federal conviction. Mr. also falsely holds himself out at times as a licensed attorney, but is not a member of any state bar in America.
Since his release from prison, ***'s business model has been to file dozens of lawsuits against companies in state and federal court. Below are only a handful of cases that he filed in 2016:
*** v. A1 Solar Power, Inc., et al., No. 3:16-cv-00383-LAB-RBB (S.D. Cal. filed Feb. 12, 2016) (TCPA claim).
*** v. K2 Prop. Dev., LLC, et al., No. 3:16-cv-00678-LAB-RBB (S.D. Cal. filed Mar. 21, 2016) (RICO claim).
*** v. Lend Mark Capital Grp. Inc., et al., No. 3:16-cv-00967-BAS-NLS (S.D. Cal. filed Apr. 21, 2016) (TCPA and RICO claims).
*** v. Integrity Capital Solutions, Inc., et al., No. 3:16-cv-01469-JLS-MDD (S.D. Cal. filed June 14, 2016) (RICO claim).
*** v. SQM US, Inc., et al., No. 16-cv-1609 CAB-JLB (S.D. Cal. filed June 23, 2016) (TCPA claim).
*** v. RCF, LLC, et al., No. 3:16-cv-01639-GPC-JLB (S.D. Cal. filed June 27, 2016) (RICO claim).
*** v. Jarvey, Inc. et al., No. 3:16-cv-02097-AJB-NLS (S.D. Cal. filed Aug. 18, 2016) (RICO claim).
In short, the Revdex.com Complaint is not product of a good-faith actor, and Mr. continued attempts to enrich himself should not be encouraged by the Revdex.com. If you have any questions or need any additional information, my contact information is provided.
Sincerely,
*** R.
(The consumer indicated he/she DID NOT accept the response from the business.)
Chad Fuller is correct about his client illegally calling my phone. However, he has lied about it being only one call and he failed to address the threats made by his client to me.
Further, Chad has lied about me "holding myself out as an attorney at times"
I am not sure why Chad would say this. But *** is now going to be sued for slander.
One of the owners of the company has already reached out to this customer. The customer was placed on the Do Not Call list and was take out of our company computer system as well. We listed all of his contact numbers as well as the entire list of all of his companies on our internal Do Not Call List. We have not made any contact with this individual since this incident and will not be reaching out to him in the future.
We will see him in California Court to resolve this issue for good.
(The consumer indicated he/she DID NOT accept the response from the business.)
No owner ever reached out to me. The response indicates that they are admitting to the fact that I was actually called illegally for telemarketing.