Consumer complaint received 2023-10-18
Company: Miguel A. Maza & Associates, PSC
State: PR
Product: Debt collection
Sub-product: Credit card debt
Issue: Communication tactics
Sub-issue: Used obscene, profane, or other abusive language

Complaint:
Reference : XXXX I have recently received the undesirable practice of telephone contact and written correspondence from your law firm which I believe states that XXXX XXXX XXXX has placed an account on my files that may be erroneous. 

The telephone contact has been established via the telephone that is used at my place of employment during working hours. Your firm should know that my employer prohibits such communication. 
The telephone and written correspondence by your firm, company and agents, have been made and/or delivered in XXXX. I was born in the mainland united states, I am not of Puerto Rican  descent or heritage, the language that I use on an everyday basis, I am proficient in, and do business in, is the English language. 

I can not be certain of what your agents are saying to me in the XXXX language. While I am not accusing or implying that I am being threatened in XXXX by your firm or its agents, I sincerely hope that I am not being threatened in XXXX 
Since the written correspondence is in the XXXX language which is not my primary language, I interpret the documents to appear to be judicial documents. 

The documents could be interpreted and lead me to believe that your firm is a branch of or is associated with the government as the XXXX XXXX XXXX is listed on the documentation. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
I respectfully request that any and all communication and or correspondence with me be in the English language which is my maternal language. That correspondence is requested via U.S. Mail Service. 
Your company is reporting the above referenced account as a collection account. The tradeline that I am requesting complete and thorough validation on is : XXXX, Reference : XXXX, Reference : XXXX I am writing this letter pursuant to my Federal and Puerto Rico Civil Rights. 
I have been contacted by Miguel A. Maza & Associates, MAZA, and/or XXXX XXXX  XXXX XXXX regarding this account ; I am treating this reporting of an unknown debt as initial contact pursuant to section 15 USC 1692 Your firm has failed to supply me a written notice within five days after the initial communication ( which is 5 days after you reported this account ) stating the following ; ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector. 
Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested.

809. Validation of debts [ 15 USC 1692g ] ( a ) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. 
( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. 
( c ) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. 

Puerto Rico Law Title 10 Commerce Subtitle 1, Regulation of Business Generally, Chapter 40 Debt Contracts, Subsection 961 : Delivery of copies : In every debt contract there should be given to the debtor a copy of the promissory note and any other document signed by the executing parties in said contract.

Puerto Rico Law Title 10 Commerce Subtitle 1, Regulation of Business Generally, Chapter 44 Prohibition of Practices for Collection at Debtors Workplace, Subsection 980a. Public policy : It is hereby declared as public policy of the Commonwealth of Puerto Rico that for a debt collector to make efforts to collect debts, whether by telephone, in person, or through any other means of communication, during working hours at the place of work or employment of the debtor constitutes an undesirable practice.

Puerto Rico Law Title 10 Commerce Subtitle 1, Regulation of Business Generally, Chapter 45 Collecting Agencies, Subsection 981p. Prohibited practices No collection agency shall : ( 2 ) Institute judicial proceedings against a debtor in the name of the client without having been previously authorized in writing therefor. 
( 5 ) Operate under the name or in such a manner as to imply that such agency is a branch of or is associated with any department of the federal, commonwealth or municipal government, or to use any seal, insignia, envelope or other format which simulates that of any government department or agency. 
( 7 ) Use or threaten to use physical violence to collect an account.

( 11 ) Intimidate the debtors by using documents which simulate in their form and appearance judicial documents. 

Due to possible inaccuracies on my Credit files, I must demand that the validation I hereby lawfully request be in the form of a notarized statement by a person with original knowledge of the debt as it was constituted and who can testify that the debt was incurred legally, was not subsequently disputed as a result of returned, faulty, or recalled consumer products, was not utilized as a profit-loss tax deduction during the period it may have been payable, and was not claimed as a loss with any insuring entity during the period it may have been payable. Please be advised that I am not requesting a verification that you have my mailing address ; rather, I am requesting validation, i.e., competent evidence that I had some contractual obligation sans consumer protection encumbrance which incurred the original claims associated with this tradeline. 

I am also requesting validation of the tradeline listed on my credit files in observance of my Federal Civil Rights under the Consumer Financial Protection Bureau and the CFPB Bulletin 2013-07 Date : XX/XX/2013 Subject : Prohibition of Unfair, Deceptive, or Abusive Acts or Practices in the Collection of Consumer Debts Under the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd- Frank Act ), all covered persons or service providers are legally required to refrain from committing unfair, deceptive, or abusive acts or practices ( collectively, UDAAPs ) in violation of the Act. The Consumer Financial Protection Bureau ( CFPB or Bureau ) is issuing this bulletin to clarify the contours of that obligation in the context of collecting consumer debts. 

You are causing me pain and suffering, XXXX XXXX

Company response to consumer: Closed with explanation