Consumer complaint received 2019-09-05
Company: Pollack & Rosen, P.A.
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
I asked this company to validate a debt and sent them a verification letter, i requested certain information from them which i never received. however, in turn they are suing me ... this is the start of a lawsuit i will file soon for violating my hippa rights and fair credit violations. 
below was two ( 2 ) request letters sent : From : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX Date : XX/XX/2019 To : Pollack & Rosen P.A. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX In regards to : UNFINISHED BUSINESS XXXX XXXX XXXX non-adverse, non-belligerent, non-combatant party, secure creditor with power of attorney general, and Executrix on behalf of the XXXX XXXX XXXX ESTATE, is in possession of your recent voluntary submission of evidentiary documents POLLACK & ROSEN P.A. must herein provide a true and certified copy of the complete audit trail of said account. Furthermore, in order for POLLACK & ROSEN P.A.. to validate the debt, please provide verification through audit certification of debt entry in accordance with g.a.a.p., i.f.r.s., in accordance with basel 3 accord and u.n.c.i.t.r.a.l. conventions. I would also need a copy of your Tax Registration certificate! 

Failure to substantiate the claim, please settle account immediately within the next thirty days. 

Sincerely, XXXX XXXX XXXX Executrix of the Estate Debt Validation Letter XX/XX/2019 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX Pollack & Rosen P.A. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Florida XXXX RE : Account # XXXX and/or alleged Account # XXXX Validation Notification for Pollack & Rosen P.A . Collection Company on behave of XXXX XXXX XXXX XXXX XXXX XXXX XXXX To Whom It May Concern : Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is requested. Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt. 

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you ( Pollack & Rosen P.A.. ) or proof youre in fact legal in the state of Florida to collect any payment. 

At this time, I will also inform you that if your offices have or continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, XXXX XXXX ), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character. 

I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. 

If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. 

It would be advisable that you and your client assure that your records are in order before I am forced to take legal action. 

CREDITOR/DEBT COLLECTOR DECLARATION Please provide the following : Agreement with your client that grants you the authority to collect on this alleged debt. 
Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. 
Any insurance claims been made by any creditor regarding this account. 
Any Judgments obtained by any creditor regarding this account. 
Name and address of alleged creditor. 
Name on file of alleged debtor. 
Alleged account number. 
Address on file for alleged debtor. 
Amount of alleged debt. 
Date this alleged debt became payable. 
Date of original charge off or delinquency. 
Verification that this debt was assigned or sold to collector. 
Complete accounting of alleged debt. 
Commission for debt collector if collection efforts are successful. 

Please provide the name and address of the bonding agent for Pollack & Rosen P.A. in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back. 

Best Regards, _______________________________________ XXXX XXXX cc Federal Trade Commission Florida Attorney General XXXX XXXX Pennsylvania Attorney General XXXX XXXX : XXXX

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation