Consumer complaint received 2025-06-05 00:00:00
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Kramer & Frank, P.C.
State: KS

Complaint narrative:
XXXX XXXX filing this complaint against Kramer & Frank , P.C . ( K & F ), a debt collector representing XXXX XXXX  in a lawsuit against me ( XXXX XXXX. XXXX ) in XXXX XXXX XXXX XXXX XXXX Kansas . K & F has engaged in misleading and deceptive practices in violation of the Fair Debt Collection Practices Act ( FDCPA ), including failing to validate the debt after my request, continuing legal action during a pending validation request, making false statements to the CFPB about pausing litigation, and denying their FDCPA liability. 
In early XX/XX/XXXX, after discovering through the XXXX XXXX courts website that a lawsuit may have been filed against me, I sent two written communications to K & FXXXX XX/XX/XXXX and XX/XX/XXXX, XXXXto act in good faith despite not receiving prior notice ( Exhibit A Debt dispute and conditional settlement offer sent to XXXX XXXX XXXX on XX/XX/XXXX ; Exhibit B Follow-up communication sent to XXXX XXXX  XXXX on XX/XX/XXXX ). In these communications, I made no admission of liability, stated my intent to understand the legitimacy and details of the claim, made a conditional settlement offer, and formally requested debt validation under the FDCPA. I set a deadline of XX/XX/XXXX, for their response. K & F ignored both communications, providing no response, no debt validation, and no acknowledgment by the deadline or thereafter. I was then served with court papers on XX/XX/XXXX, without any prior or subsequent response from K & F ( Exhibit C Proof of service dated XX/XX/XXXX ). 
On XX/XX/XXXX, in response to my prior CFPB complaint ( ID : XXXX ), K & F falsely stated to the CFPB : Contrary to XXXX XXXX suggestion , K & F did not continue legal action against him, implying they had paused litigation as required under 15 U.S.C. 1692g ( b ) after my validation request ( Exhibit D K & Fs response to CFPB complaint, dated XX/XX/XXXX ). This statement is false and misleading because : XXXX. K & F had already filed the lawsuit on XX/XX/XXXX, prior to my validation request, but continued legal action after receiving my request without providing validation. 
XXXX. I was served with process on XX/XX/XXXX, after K & F received my validation request on XX/XX/XXXX, and without pausing litigation or responding to my request. 
XXXX. K & F continued legal action by filing a Motion to Dismiss my counterclaims on XX/XX/XXXX, and proceeding to a hearing on XX/XX/XXXX, without pausing litigation or providing the requested validation ( Exhibit E Motion to Dismiss filed by K & F on XX/XX/XXXX ). 
K & F also attempted to shift blame to the court and sheriffs office, stating in their XX/XX/XXXX response to the CFPB : K & F has no control over the actions of the Court or the Sheriffs Department. This is a deceptive effort to evade FDCPA liability, as K & F remains the initiating party in the collection process and legal action. Their assertion that they paused the case is not reflected in the court timelineat no time did they withdraw the lawsuit or notify me or the court of a pause in proceedings.

Additionally, in their Motion to Dismiss filed on XX/XX/XXXX, K & F asserted that they are not subject to the FDCPA, suggesting that the protections under the law do not apply to their actions ( Exhibit E ). This is a legally unsound position for a debt collection law firm, as confirmed by their own admission in a XX/XX/XXXX, email to me stating : This communication is from a debt collector and is an attempt to collect a debt ( Exhibit F Email from XXXX XXXX XXXX, dated XX/XX/XXXX ), and by precedent in XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ), which holds that attorneys regularly engaging in debt collection through litigation are subject to the FDCPA. 
Violation Summary K & Fs actions constitute multiple violations of the FDCPA : Failure to Provide Validation of Debt Prior to Service : K & F failed to validate the debt after my XX/XX/XXXX, request, violating 15 U.S.C. 1692g ( a ) and ( b ).

Misrepresentation to a Federal Agency : K & Fs false statement to the CFPB on XX/XX/XXXX, that they did not continue legal action against me violates 15 U.S.C. 1692e and potentially 18 U.S.C. 1001 ( False Statements to a Government Agency ).

Continuing Legal Action During a Pending Validation Request : K & F continued litigation after my validation request, including serving me on XX/XX/XXXX, filing a Motion to Dismiss on XX/XX/XXXX, and proceeding to a hearing on XX/XX/XXXX, without pausing as required under 15 U.S.C. 1692g ( b ).

False or Misleading Representations About Pausing Action : K & Fs claim to the CFPB that they paused litigation is false, violating 15 U.S.C. 1692e ( 10 ), which prohibits the use of false representations in debt collection. 
Refusal to Acknowledge Consumer Dispute Communications : K & F ignored my XX/XX/XXXX and XX/XX/XXXX communications, failing to acknowledge my dispute or provide validation, further violating 15 U.S.C. 1692g.

Attempt to Sidestep FDCPA Application : K & Fs assertion in court filings that they are not subject to the FDCPA is a deceptive attempt to evade liability, despite their clear status as a debt collector under 15 U.S.C. 1692a ( 6 ). 
Impact of K & Fs Actions K & Fs deceptive practices and FDCPA violations have caused me significant stress, financial hardship, and difficulty defending myself in court. Ive had to take time off work and incur expenses to fight this lawsuit, and their failure to pause litigation and validate the debt has prejudiced my ability to prepare for court proceedings, including the hearing on XX/XX/XXXX. Im concerned K & F will continue these practices against me and other consumers if not held accountable.

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