Consumer complaint received 2022-11-10
Company: Pressler & Pressler, LLP
State: NJ
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Pursuant to 15 USC 1692e ( 3 ), a debt collector, in collecting a debt, may not use any false, deceptive or misleading representation, i.e. a debt collector may not falsely represent or imply that he or she is an attorney or that communication is from an attorney. 

I hereby put your firm on notice that it has violated the provisions of the of the above-mentioned section. 

Further, on XX/XX/2022 I was notified by a collection notice from PRESSLER FELT  AND WARSHAW of the alleged debt mentioned herein. Pursuant to 15 U.S.C. 1692a, Congressional findings or Declaration of purpose, you are hereby informed that as a result of your fraudulent practices with the intention to cause harm, I have suffered mentally, emotionally and financially. PRESSLER FELT  AND WARSHAW and XXXX XXXX  have acted as co conspirators in the scheme of coercing and intimidating me into paying a debt that I do not LAWFULLY owe which is a violation of 18 U.S.C. 241. Your Company and its agents have continually harassed me for the alleged debt that has not been validated as of XX/XX/2022. On XX/XX/2022, XX/XX/2022 and XX/XX/2022 I sent written notice of dispute requesting debt validation pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA via USPS Certified Mail to XXXX XXXX and PRESSLER FELT  AND WARSHAW which has not been fulfilled. On XX/XX/2022 and XX/XX/2022, I sent a Conditional Offer To Pay and Cease and Desist Notice to cease any/all collection actions until the alleged debt was properly validated to XXXX XXXX and PRESSLER XXXX  AND WARSHAW which has also been ignored. In response to my notice of dispute on XX/XX/2022, your Company sent me a pile of statements received from the creditor as proof that I owe your Company a debt but as per the judgment in the case of XXXX XXXX XXXX. XXXX XXXX, a copy of the Consumer Contract is not sufficient evidence to validate a debt. Pursuant to the FDCPA collections activity must CEASE once you have received my notice of dispute and shall not resume until the alleged debt has been procedurally validated. On XX/XX/2022 I sent another Cease and Desist notice along with a copy of the notice received from the creditor XXXX  XXXX XXXX  on XX/XX/2022 that the alleged debt was UNABLE to be validated and collections activity would NOT be pursued. Through the notice received from the creditor XXXX  XXXX XXXX, I would like to once again inform you that your company has violated 15 U.S.C. 1692j ( a ) because your company furnished a deceptive form to create a false belief in me as a CONSUMER that the Creditor was attempting to collect the debt but in reality, it was not true. As of XX/XX/2022 I have NOT been provided competent evidence of my lawful obligation to pay PRESSLER FELT AND WARSHAW. With my notice of disputes sent to all parties mentioned herein, I requested to be provided with 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. 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. Show me that you are licensed to collect in my state ; and Provide me with your license numbers and Registered Agent. What the money you say the alleged debtor owes is for. Explain and show how you calculated the alleged debt. Provide me any documents that show proof I agreed to pay the alleged amount owed. Please provide the name and address of the bonding agent for PRESSLER FELT  AND WARSHAW 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. 

Additionally, I never instructed you to purchase the debt nor have I signed any agreements with your Company of my obligation to pay you for the alleged debt. Your Company has not provided me with the audit trail of the transaction originated by you. Further, according to 15 U.S.C. 6809 ( 5 ) you have obtained and shared my non-public personally identifiable financial information from/to nonaffiliated third parties without my consent which is a violation of 15 U.S.C. 6802. Your Company requested me to disclose additional non-public personal information which is a violation of my right to privacy. I never gave you my location information which is a violation of 15 U.S.C. 1692a ( 7 ) nor have I given you direct consent which is a violation of 15 U.S.C. 1692c. Further, 15 U.S.C. 1681a ( d ) ( 2 ) ( A ) ( iii ) states that if the Company wants to communicate other information among persons related by common ownership or affiliated by corporate control, it shall be clearly and conspicuously disclosed to the CONSUMER that the information may be communicated among such persons and the CONSUMER shall be given the opportunity to direct that such information not be communicated among such persons. Therefore, your Company has not only infringed my right to privacy but also violated multiple Federal Laws. Your company falsely reported information that resulted in the defamation of my character. Further, you created a deceptive form that made the creditors and employers believe that I was in debt, though you HAVE NOT PROVED its validity. If the debt were valid you created a false impression that I was not able to pay the alleged debt. As a result, I was discriminated against and denied my right to extend credit, which has caused me to suffer emotional, mental and financial hardship. Therefore, your company is liable pursuant to 15 U.S.C. 1681o.

Furthermore, pursuant to 15 U.S.C. 1692j ( b ), any person who violates 15 U.S.C. 1692j ( a ) shall be liable to the extent as mentioned under 15 U.S.C. 1692k i.e {$1000.00} ( XXXX XXXX USD. ) Furthermore, as per the judgment made in the case of XXXX XXXX XXXX XXXX XXXX XXXX, the provisions of the FDCPA apply to attorneys who regularly engage in consumer debt collection activity, even when that activity consists of litigation. Therefore, as per the judgment mentioned herein, your firm is liable as a debt collector. Before escalating this matter to Federal Complaint against your Company for compensatory damages, I hereby grant your firm an opportunity to remedy this matter by fulfilling the below mentioned demands ; Remove all lawsuits. 
Release any judgments. 
Deletion from all consumer reports ( If reported ). 
Cease and Desist all collection activities. 

Copies of the correspondence have been attached.

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