Consumer complaint received 2024-10-19
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: ZWICKER & ASSOCIATES (NJ)

XXXX XXXX XXXX XXXX*Introduction and Summary of Complaint** I am filing this complaint against **Zwicker & Associates** , a debt collection firm representing XXXX XXXX, concerning their attempts to collect an alleged debt that I dispute. This debt may stem from **identity theft**, as I have been a victim of fraud **over five times in the past two years**. **Zwicker & Associates** has failed to validate the debt as required under the **Fair Debt Collection Practices Act ( FDCPA ) **, failed to provide accommodations under the **Americans with Disabilities Act ( ADA ) **, and misrepresented their role in collecting the debt, claiming they are merely representing XXXXXXXX XXXX* and do not own the debt. 

Furthermore, as a law firm representing a creditor, **Zwicker & Associates** must adhere to strict legal standards for proving their right to collect on a debt. They must provide comprehensive, verifiable evidence similar to what would be required in court, including documents that establish their standing to collect, proof of the debts existence, and authorization to act on behalf of XXXX XXXX XXXX 

I demand that **Zwicker & Associates** provide the following **court-required evidence** before any further collection attempts. 

-XXXX XXXX XXXX XXXX XXXX XXXXFactual Background** 1. **Disputed Debt & Identity Theft History** I dispute the debt **Zwicker & Associates** claims I owe to XXXX XXXX. Given my history of **identity theft**, where my personal information has been stolen **five times in the past two years**, it is possible that this alleged debt is fraudulent. **Zwicker & Associates** must provide sufficient documentation to prove that the debt is valid and that they have the legal right to collect it, as required by the **FDCPA**. 

2. **Claimed Mailings & Lack of Proof of Delivery** **Zwicker & Associates** asserts they sent me the **debt verification notice** as mandated by **FDCPA Section 809 ( a ) **. However, I have not received such a notice. I demand that **Zwicker & Associates** provide **certified mail receipts**, **tracking numbers**, or other verifiable proof that they sent the debt verification notice and that I received it. Without this proof, their claims of having sent the notice are invalid. 

3. **Failure to Acknowledge Disability Accommodation Requests** I have made **seven requests** for reasonable accommodations under the **ADA** due to my XXXXXXXX XXXX XXXX, but **Zwicker & Associates** has failed to provide any accommodations to facilitate communication . This is a clear violation of the **ADA** and prevents me from fully engaging in resolving the alleged debt. 

-- XXXX XXXX XXXX XXXX **Legal Violations** 1. **FDCPA Violations** - **Section 809 ( b ) ** : **Zwicker & Associates** has failed to cease collection efforts after I disputed the debt. They are required by law to provide proper verification before continuing any collection attempts.

- **Section 809 ( a ) ** : As part of the **FDCPA**, debt collectors are required to send an initial written notice. **Zwicker & Associates** claims to have sent this notice, but they have failed to provide verifiable proof of receipt.

- **Section 807 ( 2 ) ( A ) ** : Their claim of having mailed the verification notice without providing evidence of delivery is misleading and violates the **FDCPA**. 

XXXX. **ADA Violations** Under the **ADA**, **Zwicker & Associates** is required to provide reasonable accommodations for my XXXX XXXX XXXX*, which they have failed to do, preventing me from understanding and responding to their communications. 

XXXX XXXX XXXX XXXX XXXX XXXXhallenge to Zwicker & Associates ' Defense** **Zwicker & Associates** has defended its actions by asserting they are merely representing XXXX XXXXXXXX and do not own the debt. This argument is legally irrelevant to their responsibilities under the **FDCPA**. Regardless of ownership, the **FDCPA** requires them to provide verification and evidence of the debt 's validity. 

- **FDCPA Responsibility Regardless of Ownership** : The **FDCPA** requires debt collectors, whether they own the debt or are acting as agents, to substantiate their claim that they are authorized to collect and to provide proper documentation proving the debt exists. This includes providing evidence similar to what would be required in court. 

-- XXXX XXXX XXXX XXXX  **Evidence Zwicker & Associates Must Provide** As a law firm, **Zwicker & Associates** must provide all the following evidence to validate the debt, as if they were preparing for litigation : 1. **Original Creditor Documentation** - A copy of the **original loan agreement** or **credit card agreement** with XXXX XXXX, showing the amount, terms , and signatures ( if applicable ). 
- **Statements** or other documentation showing the debt in question, such as the **transaction history**, and the last payment made. 

2. **Proof of Assignment or Authorization to Collect** - Documentation showing that **Zwicker & Associates** has been **authorized** by XXXX XXXX to collect the debt, including any **assignment agreements** or **agency agreements** that provide them the legal right to collect on the debt. If they are not the creditor, this is crucial. 

3. **Proof of Debt** - **Account statements** from XXXX XXXX or other supporting documents that clearly show the amount of the debt and that the debt belongs to me. This should include a **clear breakdown of the balance** owed, including interest, fees, and principal. 

4. **Proof of Debt Validation** - A **signed affidavit** or **certification** from someone with **personal knowledge** of the account confirming that the debt is mine, the amount is accurate, and that **Zwicker & Associates** has the right to collect. This affidavit must meet the requirements of evidence used in court.

5. **Proof of Debt Verification Mailing** - **Certified mail receipts** or **tracking numbers** proving that the **debt validation notice** was sent to my correct address. If they claim they mailed this notice, they must substantiate that claim with **evidence of receipt** or a **certificate of mailing**. 

XXXX XXXX XXXX XXXX XXXX  **Requested Relief** 1. **Debt Validation** : Direct **Zwicker & Associates** to provide the required documentation proving the debt, including the original loan agreement, transaction history, and proof of their right to collect on behalf of *XXXX XXXX 

2. **Proof of Mail Delivery** : Require **Zwicker & Associates** to provide verifiable proof ( e.g., certified mail receipts or tracking numbers ) that they mailed the debt verification notice and that I received it. 
3. **Cease All Collection Efforts** : Until **Zwicker & Associates** provides valid proof of the debt and verification mailing, I request that all collection efforts cease in compliance with **FDCPA Section 809 ( b ) **.

4. **Reasonable Accommodations** : Direct **Zwicker & Associates** to provide reasonable accommodations for my *XXXX XXXX XXXX  in compliance with the **ADA**. 

5. **Investigation and Enforcement** : Investigate **Zwicker & Associates** for violations of the **FDCPA** and **ADA**, and enforce corrective actions where applicable.

-- - # # # **Conclusion** Given my history of **identity theft** and **Zwicker & Associates'** failure to provide the necessary documentation to substantiate their claim, I request immediate intervention by the **CFPB**. Their defense of merely representing XXXX XXXX does not exempt them from following the **FDCPA** or **ADA** requirements. **Zwicker & Associates** must be held accountable for their actions and ensure full compliance with consumer protection and disability rights laws. I demand that they provide all evidence that would be required in court, including the original debt documentation, proof of assignment, and verification of the debt, before continuing any collection efforts.