Consumer complaint received 2025-12-08 00:00:00
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: ZWICKER & ASSOCIATES
State: FL

Complaint narrative:
Full Narrative ( CFPB Complaint Discover Bank & Zwicker & Associates, P.C. ) I am submitting this complaint to formally report willful violations of the Fair Credit Reporting Act ( FCRA ), false and misleading statements to a federal regulator, and ongoing furnishing of disputed information during active arbitration proceedings by XXXXXX/XX/XXXX with the knowledge and involvement of its counsel, Zwicker & Associates, P.C.

I. Arbitration Election and Legal Notice ( XX/XX/year> ) On XX/XX/year>, I formally served XXXX XXXX XXXX with my statutory dispute, legal notice, and binding arbitration election via USPS Certified Mail. 

The Certified Mail receipt shows verified delivery to : XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, UT XXXX This notice triggered : A litigation hold A cease-collection obligation A statutory reinvestigation duty under 15 U.S.C. 1681s-2 ( b ) A prohibition on any attempt to reset credit reporting timelines XXXX ignored all of these legal obligations. 



II. AAA Arbitration Was Opened and Acknowledged by Counsel ( XX/XX/year> ) My AAA Consumer Arbitration was formally commenced in XX/XX/year>. 

On XX/XX/year>, Discovers law firm, Zwicker & Associates, P.C., acknowledged receipt of my AAA Demand and case number and confirmed transmission to Discover. This placed both Discover and Zwicker on formal notice of : The cease-collection directive The active litigation hold The statutory reinvestigation duty The prohibition on continued furnishing during arbitration Despite this formal notice to both the creditor and its counsel : Discover continued to furnish derogatory credit data.

Discover continued to re-verify without conducting a lawful reinvestigation.

Discover continued altering tradeline coding during active arbitration. 



III. Newly Documented Post-Arbitration FCRA Violations ( XX/XX/XXXX XX/XX/year> ) After arbitration was active and acknowledged by Zwicker as counsel, Discover engaged in the following willful FCRA violations : Violation 1 : Removal of Dispute Code ( XX/XX/XXXX ) Discover removed the Account information disputed by consumer notation during active arbitration.

Violation 2 : False Dispute Resolved by Grantor Coding ( XX/XX/XXXX) Discover falsely reported the dispute as resolved when it was not. Arbitration was ongoing.

Violation 3 : Improper Re-Addition of Inaccurate Dispute Code ( XXXX XXXXXX/XX/XXXXXX/XX/XXXX re-added a generic dispute code that fails to reflect arbitration status. 

Violation 4 : Retroactive Timeline Reset ( XX/XX/year>XX/XX/XXXX altered historical payment status from 180 Days Late to Charged Off, a prohibited retroactive modification during an active FCRA dispute and arbitration. 

Each of these acts constitutes a separate willful violation under the FCRA. 



IV. Discovers XX/XX/year> CFPB Response Is False and Misleading On XX/XX/year>, XXXX submitted a CFPB response claiming it conducted a thorough investigation. This is materially false because : XXXX did not reference or address over 350 pages of disputes, legal notices, exhibits, appendices, and arbitration filings. 
XXXX relied exclusively on internal billing summaries and claimed no other documentation could be provided because it is proprietary, which constitutes unlawful pure parroting under controlling FCRA case law. 
XXXX omitted the AAA Case Number entirely from its CFPB response while simultaneously attaching the Cardmember Agreement and referencing arbitration provisions. 
XXXX continued furnishing derogatory data during arbitration while claiming the account is valid and reporting accurately. 

This constitutes material misrepresentation to a federal regulator. 



V. Contradictory Instructions Between XXXX and Its Counsel ( Zwicker & Associates ) This demonstrates institutional bad faith and regulatory misdirection : Zwicker & Associates stated in its CFPB response on XX/XX/year> : We have, however, now closed our file and XXXX XXXX should contact his creditor directly if he has further concerns about the account. 

XXXX XX/XX/year> CFPB response states : Should you have questions regarding the account, you may contact Zwicker & Associates, XXXX. at ( XXXX ) XXXX. 

These statements are mutually exclusive and demonstrate : Obstruction of statutory dispute resolution Procedural bad faith Regulatory misdirection XXXX acknowledged the XXXX case on XX/XX/year>, yet later told the CFPB it had closed its file, while XXXX simultaneously directed me back to XXXX. This created a procedural impossibility intentionally obstructing compliance. 



VI. Harm to the Consumer As a direct result of these violations : My credit profile continues to be damaged.

My arbitration process has been obstructed.

My statutory rights under the FCRA have been ignored. 
XXXX continues furnishing disputed information during active litigation. 



XXXX. What I Am Requesting I formally request that the CFPB require XX/XX/XXXXto : 1. Permanently delete the tradeline for Account ending XXXX. 
2. Cease all furnishing and collection activity.

3. Correct the false statements made in its XX/XX/year> CFPB response. 
4. Acknowledge and comply with binding AAA arbitration.

5. Provide written confirmation of corrective actions. 

This account remains subject to active, binding AAA Consumer Arbitration, and all continued furnishing and investigatory activity by XXXX during this period is legally constrained. 



VIII. Identification of Attorney Responsible for XXXX XX/XX/year> CFPB Submission Zwicker & Associates XX/XX/year> CFPB response contains materially false and contradictory statements regarding representation status and responsibility for this account. That response does not identify the individual attorney who authored, reviewed, or approved its contents. 

Because this submission contains statements that directly conflict with subsequent actions and with Discovers XX/XX/year> CFPB response, I formally request that the CFPB require Zwicker & Associates to identify, by name and bar number, the attorney responsible for the XX/XX/year> CFPB filing. 

This information is necessary to preserve my right to pursue appropriate remedies through the applicable State Bar disciplinary authority.

I specifically request that this attorney-identification disclosure be required in Zwicker & Associates formal response to this complaint.

Company response to consumer: Closed with explanation