Consumer complaint received 2023-01-25
Company: ZWICKER & ASSOCIATES
State: MI
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Impersonated attorney, law enforcement, or government official

Complaint:
Dear, President XXXX XXXX I am XXXX XXXX XXXX XXXX, the living being and beneficiary of my estate which is the all CAPS NAME on my social security card XXXX XXXX XXXX XXXX. I am here to put you on notice that you have violated my rights because you got my information from XXXX XXXX without my permission/written consent. Before I move forward and seek litigation I would like to show you how you violated me and which laws were broken pursuant to the law, specifically the FDCPA. Zwicker & Associates, P.C., ( XXXX number assigned by the bureau is : XXXX ) is a law firm that is also practicing debt collection. Any company that is participating in debt collection is regulated by the FDCPA ( Fair Debt Collection Practices Act ). The FDCPA put laws in place to protect consumers from abusive, deceptive, and unfair debt collection practices. Congress targeted such behavior because it found that [ a ] busive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. 15 U.S.C. 1692. 

Yesterday, XX/XX/XXXX, I had multiple phone calls with multiple agents, breaking down how Zwicker received my information and how they would move forward with my information. As I was on the phone with them I typed up multiple conversations of them violating different violations. None of the agents informed me of my right to ask the collection On XXXX of the calls I spoke with an agent named XXXX XXXX that on XX/XX/XXXX, XXXX XXXX hired Zwicker to collect on an alleged debt. Once they received the information they sent out a DEMAND LETTER on XX/XX/XXXX, stating they are in an attempt to collect on behalf of XXXX XXXX, which is a violation of 15 USC 1692b ( 2 ), a debt collector can not state that such consumer owes any debt. He then went on to say they dont have anything on file with written consent stating that I gave Zwicker consent to have ANY of my information. This is a violation of 15 usc 1692a ( abusive practices ) There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. 

CALL DIALOGUE- VIOLATIONS Zwicker - collection agency - XXXX XXXX  XXXX Told me they will collect on a debt and they are a law firm i spoke with XXXX XXXX XXXX XXXX XXXX XXXX stated that there in attempt a debt - 15 usc 1692b ( 2 ) The attorney is XXXX XXXX XXXX XXXX yes, XXXX XXXX XXXX on a call at XXXX on XX/XX/XXXX that XXXX XXXX hired zwicker & associates to collect on their accounts. you guys to collect on Thank you for calling the XXXX XXXX XXXX zwicker & associates pc, i am not a attorney i am a collector this conversation is an attempt to collect a debt - 15 usc 1692b ( 2 ) XXXX XXXX - states they are contracted by XXXX XXXX - they are a third party corporation - if i dont pay the alleged debt that they will assign one of these attorney to the case to file a lawsuit. 15 usc 1692e ( 3 ) He told me if i dont pay then they will continue to call me which is harassment ( 15 usc 1692d ) he then transferred me to another associate XXXX XXXX XXXX i am a non attorney collections manager for the law firm of zwicker and associates pc this conversation is an attempt to collect a debt. Any information obtained will be used for that purpose states XXXX XXXX sent them my information XXXX XXXX ( 15 usc 1692d ) 15 usc 1692e11 They sent me a letter on XXXX XXXX, a demand letter stating they are in an attempt to collect on behalf of XXXX XXXX. ( 15 usc 1692d ( 2 ) ) ( 15 usc 1692d ( 1 ) ( 15 usc 1692e ( 11 ) He states they don't have anything on file with written consent stating that I gave zwicker consent to have ANY of my information. 

He states that they put their law firm letterhead on the documentation that they sent me. 15 usc 1692f ( 8 ) He states they never had written consent from me to contact me He states they will continue to contact me if i don't pay this alleged ( 15 usc 1692d ( 1 ) He states they won't lift the do not contact off of my account as i asked. 

He states he won't comply with my demand to delete all of my information from their file and send it back to XXXX XXXX. Which means they are keeping my information in their file without my consent. 

He said he will not be deleting my information CEASE & DESIST This is a demand for you to cease all communication. Delete all of XXXX XXXX XXXX IIs information from your files and send it back to XXXX XXXX. 


CIVIL LIABILITY An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.

any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or

Company response to consumer: Closed with explanation