Consumer complaint received 2023-06-01
Company: Gurstel Law Firm, P.C.
State: AZ
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
My name is XXXX XXXX XXXX, a federally protected consumer, and I am making this complaint against GURSTEL LAW FIRM PC for violating a cease and desist notice multiple times they received on XX/XX/XXXX and for continuing to invade my individual privacy by committing abusive, deceptive, and unfair debt collection practices ( See Exhibits 1 - 5 ). On XX/XX/XXXX complaint # XXXX, GURSTEL LAW FIRM PC stated in their response, As XXXX XXXX indicated in his Complaint, he is requesting that Gurstel cease and desist from further contact. Gurstel has noted their system of record of XXXX XXXX cease and desist request on both Accounts. Gurstel will not contact XXXX XXXX unless required or allowed by law. Pursuant 15 USC 1692c ( c ), it clearly states to cease ALL forms of communication through ANY and ALL mediums. GURSTEL LAW FIRM PC has repeatedly violated the cease and desist notice. 

GURSTEL LAW FIRM PC has committed multiple Fair Debt Collection Practices Act ( FDCPA ) violations and violates my federally protected rights. GURSTEL LAW FIRM PC has failed to provide competent evidence that I have any legal obligation to pay the alleged debt. A copy of the Consumer Agreement and account statements ARE NOT sufficient to validate the debt. Validation REQUIRES presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the account. Per UCC 9-201, I request GURSTEL LAW FIRM PC to provide me with the original accounting under the Federal Rules of Evidence ( FRE ) 1002. 

Furthermore, GURSTEL LAW FIRM PC has no legal standing to sue, nor legal standing to collect debts in Arizona. I have not validated any alleged debt with GURSTEL LAW FIRM PC, and my failure to dispute the validity of this alleged debt shall not be construed as an admission of liability pursuant to 15 USC 1692g ( c ), yet GURSTEL LAW FIRM PC sued me. As of XX/XX/XXXX, I have not received any documentary evidence, such as a trilateral contract, giving GURSTEL LAW FIRM PC ANY right to collect on this alleged debt. GURSTEL LAW FIRM PC is doing unlawful extortionate activities and theft by deception by attempting to furnish false and deceptive forms. 

GURSTEL LAW FIRM PC has committed Aggravated identity theft pursuant to 18 USC 1028A. I never gave GURSTEL LAW FIRM PC verbal, nor written approval, nor did I give ANY authorization for any of my personal or financial information. No consent is identity theft. GURSTEL LAW FIRM PC is attempting to collect via Identity Theft while utilizing the court systems to do so which is misleading. An Identity Theft Report has been submitted through the Federal Trade Commission ( FTC ) and will also file a complaint with the Secretary of State. Since personal and financial information was obtained by this law firm, GURSTEL LAW FIRM PC is acting as a debt collector, which also is a violation of the FDCPA which states that a debt collector can not be a law firm and a debt collector ; it has to be either/or but can not be both. 

Finally, as I stated in my previous complaint # XXXX on XXXX, I am aware that all charge-offs are sold to a securitized trust ( FAS 140 ) and what remains on the transaction is an empty Account. For a creditor to have any legal standing they must repurchase the debt. They can not collect what they do not own and still proceed to collect on it, let alone illegally place an Account with a third party ( GURSTEL LAW FIRM PC ) to attempt to collect. This is misleading and deceptive which violates Federal and State Laws. Once the alleged loan goes into default and is assigned to a debt collector, the effective law changes. The FDCPA is now the law under which action is governed. Once under the conditions of the FDCPA, debt collectors have no legal right to ply the legal remedies owed only to creditors who make loans, including notices of default, assignments to servicers, substitutions of trustees, etc. GURSTEL LAW FIRM PC is in violation of 15 USC 1692j ( a ) because its unlawful to design, compile, and furnish ANY FORM knowing that such form would be used to create the false belief in me, the consumer, that the creditor is participating in the collection of or in an attempt to collect an alleged debt.

Company response to consumer: Closed with explanation