Consumer complaint received 2024-11-26 00:00:00
Product: Debt collection — I do not know
Issue: Written notification about debt — Notification didn't disclose it was an attempt to collect a debt
Company: ZWICKER & ASSOCIATES
State: TX

Complaint narrative:
I am writing in response to your letter dated XX/XX/2024, regarding my complaint submitted to the Consumer Financial Protection Bureau ( CFPB ). While I appreciate your attention to this matter, I must address several discrepancies in your assertions and demand further clarification regarding your communication practices. 

XXXX XXXX XXXX  XXXX. **Claim of Proper Notification** : You assert that a validation notice and subsequent verification of the debt were sent to my address and were not returned. However, I must emphasize that I did not receive these documents. Under the Fair Debt Collection Practices Act ( FDCPA ), specifically **15 USC 1692g**, you are required to provide written notice of the debt within five days of your initial communication. This notice must be sent in a manner that ensures delivery to the consumer.

**Request for Clarification** : Please provide detailed information regarding how the validation notice and subsequent verification were sent, including : - The method of mailing ( e.g., First-Class Mail, Certified Mail, etc. ).

- Any tracking numbers or proof of delivery that substantiate your claim of mailing. 
- The specific date of mailing and the address used. 

Failure to provide this information will further substantiate my claim that proper notification was not executed. 

XXXX XXXX XXXX  XXXX. **Allegation of Insufficient Responses** : You claim that your previous responses were adequate and compliant with the FDCPA. However, your responses did not include the required " XXXX '' disclosure, which is mandated under **15 USC 1692e**. This omission constitutes a clear violation of federal law, rendering your communications insufficient. 

XXXX XXXX XXXX XXXX. **Legal Action Initiation** : You mention that legal action was initiated on XX/XX/2024, due to my lack of response. I want to reiterate that I was actively disputing the debt and had not received adequate validation. Under **15 USC 1692c**, you are required to cease collection activities until the dispute is resolved. Initiating legal action under these circumstances is not only inappropriate but also a violation of my rights. 

XXXX XXXX XXXX  XXXX. **Failure to Correct Inaccuracies** : You assert that I have not identified specific inaccuracies in your reporting. However, it is your responsibility as the debt collector to provide accurate information and correct any inaccuracies. Under **15 USC 1681s-2**, you are required to investigate and correct any inaccuracies in the information you provide to credit reporting agencies. Your failure to provide adequate documentation and validation of the debt constitutes a violation of the Fair Credit Reporting Act ( FCRA ). 

XXXX XXXX XXXX XXXX. **Consumer Reporting Information** : While you claim that Zwicker & Associates does not furnish consumer reporting information, you are still responsible for ensuring that any information provided to your client, XXXX, is accurate. If you are pursuing collection on behalf of XXXX, you must ensure that they report accurate information to credit bureaus. Under **15 USC 1681e**, you are required to maintain reasonable procedures to ensure maximum possible accuracy in the information you report. 

XXXX XXXX XXXX XXXX. **Emotional and Financial Distress** : I have suffered emotional distress and financial losses due to your ongoing collection efforts. I am documenting these instances and will include them in any further legal proceedings if necessary. Under **Texas Civil Practice and Remedies Code 134.001**, I am entitled to damages for violations of consumer protection laws. XXXX XXXX XXXX  **Demands** : In light of these discrepancies, I demand the following : 1. Immediate validation of the debt, including proof of ownership and documentation supporting the debt.

2. A detailed account of how the validation notice and subsequent communications were sent, including tracking information and delivery confirmation.

3. A cease to all collection activities until this matter is resolved.

4. Confirmation in writing of your compliance with these demands within 30 days.

5. Disclosure of all investigation findings and methodology related to this debt.

Please consider this letter a formal request for validation and a notice of dispute regarding the debt. I expect your prompt attention to these matters. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation