Consumer complaint received 2025-12-19 00:00:00
Product: Debt collection — Rental debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Kirschenbaum & Phillips P.C
State: NY

Complaint narrative:
Subject : Formal Complaint & Request for Enforcement Action False Statements and FDCPA Violations Company : Kirschenbaum & Phillips, P.C. 
Reference : CFPB Case # XXXX Dear Consumer Financial Protection Bureau XXXX I submit this complaint to report materially false statements and violations of the Fair Debt Collection Practices Act ( FDCPA ) arising from Kirschenbaum & Phillips , P.C.s handling of my written debt dispute. 

The company provided XXXX version of events to the CFPB and a completely contradictory version to the New York State Department of Financial Services ( DFS ). The documented timeline confirms noncompliance with 15 U.S.C. 1692g ( b ). 

XXXX. False Statement Made to the CFPB In its XX/XX/year> response to the CFPB, the company stated it never received my certified dispute letter. 

This statement is factually incorrect. 

XXXX. Proof of Receipt Already in the Record The CFPB already has documentary proof that my dispute was received, including the USPS Certified Mail Return Receipt confirming delivery on XX/XX/year>, with signature on file ( Tracking Number : [ insert exact tracking number as shown on your USPS Return Receipt ] ). 
A full copy of my dispute letter is also part of the record. 

This constitutes independent third-party federal verification that my dispute was received. 

XXXX. Company Admitted the Opposite to New York DFS In its XX/XX/year> written response to the New York State Department of Financial Services ( XXXX XXXX XXXX ), the company explicitly admitted : > Her certified letter of dispute was picked up and signed for by our employee at the XXXX XXXX XXXX XXXX XX/XX/year>. 


This directly contradicts their statement to the CFPB that the letter was never received. 

XXXX. The XX/XX/XXXX Claim and the XXXX XXXX The company further claims it mailed a response to me on XX/XX/year> XXXX days after receiving my dispute. 

I never received this alleged mailing. 

Unlike my correspondence, which has consistently been sent via USPS Certified Mail with tracking and delivery proof, the company has provided : No XXXX XXXX number No mailing receipt No delivery confirmation No documentary proof of this claimed mailing Given their admitted internal processing failures in their DFS response and their contradictory statements between agencies, this unsupported claim should be viewed with skepticism. 

XXXX. FDCPA Violations Based on the companys own admissions : They received my dispute on XX/XX/year> They did not process or respond to it for approximately XXXX days They only acted after regulatory intervention This constitutes noncompliance with 15 U.S.C. 1692g ( b ), which requires debt collectors to cease collection activity upon receipt of a written dispute until validation is provided. Internal administrative error is not a defense under the statute. 

Additionally, the contradictory we never received it statement implicates 15 U.S.C. 1692e, which prohibits false, deceptive, or misleading representations. 

XXXX. Harm The companys conduct resulted in : Ongoing uncertainty regarding an alleged debt Risk of adverse credit reporting Loss of timely statutory rights False and misleading statements made during an active federal investigative review XXXX. Requested CFPB Action I respectfully request that the CFPB : XXXX. Formally reject the companys prior response as inaccurate and misleading XXXX. Determine that the company violated 15 U.S.C. 1692g ( b ) and 1692e 3. Require the company, within XXXX ( XXXX ) days, to either : Provide full lawful validation of the alleged debt ; or Permanently cease collection, close the account, and confirm no reporting to any credit bureau XXXX. Consider referral to the CFPB Office of Enforcement given the seriousness of providing contradictory statements in a federal complaint process XXXX. Share findings with the New York State Department of Financial Services for coordinated oversight Evidence Attached USPS Certified Mail Proof of Delivery My original dispute letter Company CFPB response Company DFS response admitting receipt and delay Thank you for your continued commitment to consumer protection. I certify that the information provided is true and accurate to the best of my knowledge. 

Respectfully, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX Communication Preference : Written Correspondence Only

Company response to consumer: Closed with explanation