Consumer complaint received 2025-01-09 00:00:00
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Sued you without properly notifying you of lawsuit
Company: ZWICKER & ASSOCIATES
State: FL

Complaint narrative:
I am filing this formal complaint against Zwicker & Associates, P.C. for multiple violations of the Fair Debt Collection Practices Act ( FDCPA ), improper actions in their dual role as both attorneys and debt collectors and failure to adhere to the legal obligation to verify a debt upon request. Their choice to initiate litigation instead of ascertaining the debt demonstrates egregious noncompliance with federal and state laws. Additionally, Zwicker & Associates improperly used my cease-and-desist letter as a pretext to initiate litigation rather than complying with the legal requirements of debt verification. 
Further, the litigation initiated by Zwicker & Associates was ultimately dismissed, confirming the lack of grounds for their actions. This dismissal underscores their inability to validate the debt. Despite my issuance of a 1099-C to XXXX XXXX, indicating the debt was discharged as a profit and loss write-off, Zwicker persisted in their collection efforts. XXXX XXXX  also issued a 1099-A, demonstrating their acknowledgment of the debts non-collectability. Zwickers continued actions, without any valid basis, violated both FDCPA provisions and principles of equity. 
Zwicker & Associates also violated 15 U.S.C. 1692b ( 5 ) by including their logo on correspondence. The logo explicitly identifies the correspondence as coming from a debt collector, which is prohibited as it indicates the communication is related to the debt collection. This violation occurred in two separate letters, and all other violations should also be multiplied accordingly for the two letters Summary of Violations 1. Failure to Verify Address in Initial Communication o Violation : 15 U.S.C. 1692g ( a ) ( 1 ) - ( 2 ) : The initial communication must provide the consumers address for verification rather than asserting a balance owed. 
o Count : 2 instances. 
2. Failure to Verify Debt upon Request o Violation : 15 U.S.C. 1692g ( b ) : Zwicker failed to provide adequate documentation or verification of the debt following my certified request dated XX/XX/XXXX. 
o Count : 2 instances. 
3. Dual Role as Attorney and Debt Collector o Violation : 15 U.S.C. 1692e ( 3 ) : It is misleading and unlawful for an entity to act as both a debt collector and attorney in the same matter. 
o Count : 2 instances. 
4. Initiation of Litigation Without Verification o Violation : 15 U.S.C. 1692g ( b ) : Instead of verifying the debt as required by law, Zwicker initiated litigation to compel payment. 
o Count : 2 instances. 
5. Improper Use of Cease-and-Desist Letter o Violation : 15 U.S.C. 1692c ( c ) : After receiving my cease-and-desist letter, Zwicker unlawfully used it to initiate litigation rather than ceasing communication or verifying the debt. 
o Count : 4 instances. 
6. Failure to Validate the Identity of the Alleged Creditor o Violation : 15 U.S.C. 1692g ( a ) ( 2 ) : Zwicker failed to identify the original creditor as distinct from the current creditor. 
o Count : 2 instances. 
7. Misrepresentation and Unauthorized Legal Threats o Violation : 15 U.S.C. 1692e ( 5 ) : Zwickers communications implied unauthorized legal action without proper foundation. 
o Count : 4 instances. 
8. References as a Debt Collector o Violation : 15 U.S.C. 1692e ( 14 ) : Zwicker referred to themselves as a debt collector multiple times in correspondence. 
o Count : 26 instances. 
9. Continued Collection Despite Issuance of 1099-C and 1099-A o Violation : 15 U.S.C. 1692f ( 1 ) : Attempting to collect an amount not permitted by law or agreement. 
o Count : 2 instances. 
10. Use of Logo to Indicate Debt Collection o Violation : 15 U.S.C. 1692b ( 5 ) : Including a logo that identifies the sender as a debt collector on correspondence. 
o Count : 2 instances. 
Total Violations and Statutory Damages Under 15 U.S.C. 1692k ( a ), each violation is subject to statutory damages of up to {$1000.00}. The table below summarizes the violations and associated damages : Violation Statute Number of Violations Damages Per Violation Total Amount Failure to Verify Address in Communication 15 U.S.C. 1692g ( a ) ( 1 ) - ( 2 ) 2 {$1000.00} {$2000.00} Failure to Verify Debt upon Request 15 U.S.C. 1692g ( b ) 2 {$1000.00} {$2000.00} Dual Role as Attorney and Debt Collector 15 U.S.C. 1692e ( 3 ) 2 {$1000.00} {$2000.00} Initiation of Litigation Without Verification 15 U.S.C. 1692g ( b ) XXXX {$1000.00} {$2000.00} Improper Use of Cease-and-Desist Letter 15 U.S.C. 1692c ( c ) 4 {$1000.00} {$4000.00} Failure to Validate Identity of Creditor 15 U.S.C. 1692g ( a ) ( 2 ) 2 {$1000.00} {$2000.00} Misrepresentation and Unauthorized Threats 15 U.S.C. 1692e ( 5 ) 4 {$1000.00} {$4000.00} References as a Debt Collector 15 U.S.C. 1692e ( 14 ) 26 {$1000.00} {$26000.00} Continued Collection Despite 1099-C/1099-A 15 U.S.C. 1692f ( 1 ) 2 {$1000.00} {$2000.00} Use of Logo to Indicate Debt Collection 15 U.S.C. 1692b ( 5 ) 2 {$1000.00} {$2000.00} Total {$48000.00} Supporting Case Law for Harassment and Compensation Damages 1. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  : The court awarded {$250000.00} in damages to a plaintiff harassed by a debt collector through improper litigation tactics. 
2. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : The court ruled that continuing collection activities after failing to verify a debt constituted harassment and awarded statutory and compensatory damages. 
3. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : A law firm was ordered to pay damages for misrepresentations and harassment that caused emotional distress to the plaintiff. 
4. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  : The court awarded damages for deceptive tactics that caused significant emotional and financial harm. 
5. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : Statutory damages were granted for misleading and harassing communications, emphasizing the importance of adherence to FDCPA standards. 
6. The court awarded significant damages for harassment and abusive practices by a debt collector. 
7. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : Established the principle that continuing collection activities without verification constitutes harassment. 
8. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  : Penalized a law firm for harassing conduct through misrepresentations. 
9. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  : The court found debt collectors liable for using misleading tactics and causing emotional distress. 
10. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : Confirmed that statutory damages are warranted for deceptive and harassing communications. 
Statutes at Large and Supporting Maxims of Law Statutes at Large : The Fair Debt Collection Practices Act ( Pub. L. 95109, Sept. 20, 1977, 91 Stat. 874 ) establishes guidelines for debt collection practices and prohibits harassment, abuse, and false or misleading representations. 
Statutes at Large : Fair Credit Reporting Act ( Pub. L. 91508, Oct. 26, 1970, 84 Stat. 1127 ) governs how consumer information is collected and reported, ensuring accuracy and protection from misuse. 
Maxim of Law : An unverified claim carries no weight in law. ( See Blacks Law Dictionary ) Maxim of Law : Fraud is odious and not to be presumed. 
Maxim of Law : An unverified claim carries no weight in law. ( See Blacks Law Dictionary ) Maxim of Law : Fraud is odious and not to be presumed. 
Statutes at Large : Federal debt collection laws, particularly FDCPA ( Pub. L. 9557 ). 
Zwicker & Associates, P.C. has demonstrated a willful disregard for federal consumer protection laws. Their actions, including failure to validate the debt, continued collection efforts, and harassment through litigation, violate multiple statutes under the FDCPA and FCRA. 
I respectfully request that the responsible institutions take appropriate enforcement actions against Zwicker & Associates, P.C. for their violations. Additionally, I expect payment of the enclosed invoice for statutory damages promptly. 
Should Zwicker fail to comply with this complaint or continue their unlawful actions, I reserve the right to pursue further legal remedies, including a lawsuit for defamation, emotional distress, and other damages. 
Request for Action I respectfully request the following actions : 1. Investigate Zwicker & Associates for their violations of FDCPA and other applicable laws. 
2. Impose statutory penalties and require Zwicker to pay the enclosed invoice. 
3. Require Zwicker to remove all references to my personal information from their database and ensure they do not sell or transfer this frivolous case to another debt collector. 
4. Require XXXX XXXX to remove all references to this alleged debt from my credit report. 
5. Provide a case reference number and regular updates regarding this investigation. 
Enclosed Invoice Item Amount ( $ ) Statutory Damages ( FDCPA Violations ) {$48000.00} Total Due {$48000.00} Enclosures : 1. Correspondence from Zwicker & Associates demonstrating violations. 
2. Certified mail proof of cease-and-desist and verification requests. 
3. Documentation supporting the listed violations. 
Thank you for your prompt attention to this matter. Please do not hesitate to contact me for additional information or clarification

Company response to consumer: Closed with explanation