Consumer complaint received 2025-11-29 00:00:00
Product: Debt collection — Credit card debt
Issue: False statements or representation — Indicated you were committing crime by not paying debt
Company: ZWICKER & ASSOCIATES
State: MD

Complaint narrative:
To the Consumer Financial Protection Bureau : This is my follow-up response to Zwicker & Associates XX/XX/year> letter submitted to the CFPB regarding my dispute with XXXX XXXX XXXX Bank XXXX XXXX ) XXXX Zwickers response contains numerous material inaccuracies, false statements, omissions, and misrepresentations of the FDCPA and my communications. Their statements do NOT reflect what actually occurred, do not satisfy federal requirements, and raise significant compliance concerns. 

XXXX. ZWICKER FALSELY CLAIMS THEY PROVIDED INITIAL VALIDATION ON XX/XX/year> THEY DID NOT Zwicker states : We sent a validation notice dated XX/XX/year>. 

This is false. 

I did not receive any validation on XX/XX/year>. 
I did not receive any disclosures within XXXX  days of their initial communication as required by law. 
I did not receive any notice that contained the FDCPA 1692g ( a ) language.

Under FDCPA 1692g ( a ), Zwicker MUST provide the initial validation notice : within XXXX  days of first contact in writing to the correct address including all required disclosures Zwicker provided no proof of mailing, no copy of the envelope, no certified record, and no documentation produced to CFPB. 

Instead, they only assert it happened that is legally insufficient, non-verifiable, and contradicted by my records. 

XXXX. ZWICKER CLAIMS I CALLED THEM IN XXXX ABOUT A LETTER FALSE AND UNSUPPORTED Zwicker states : Our records show that XXXX XXXX called our office shortly after we mailed our XX/XX/XXXX letter and referenced receiving a letter from us. 

This is false. 

I did not : call Zwicker in XXXX, acknowledge receiving a XX/XX/XXXX letter, or reference any letter from them at that time. 

Zwicker has produced XXXX evidence to support this alleged phone call : no recording no call log no notes no letter text no proof of mailing This is an FDCPA 1692e violation ( false representation of communications ). 

If Zwicker represented to the CFPB an undocumented call that never occurred, this constitutes a serious compliance breach. 

XXXX. ZWICKER ADMITS THEY PROVIDED VERIFICATION ONLY AFTER THE STATUTORY PERIOD THIS IS AN FDCPA VIOLATION Zwicker writes : Although XXXX XXXX subsequently requested verification long after the statutory time had expired, we nonetheless paused collection and mailed verification. 

This statement reveals XXXX major problems : A. They admit they treated my dispute as untimely But a consumer may dispute the debt at any time, and collectors still can not : misstate the debt misrepresent the amount sue without accurate documentation continue to collect while furnishing inaccurate details Zwicker is confusing the XXXX window for requiring a cease-collection order with the consumers right to dispute the debt at ANY time. 

THIS IS IMPORTANT : Even if a dispute is received after XXXX  days, Zwicker MUST NOT : misrepresent amounts misrepresent the legal status pursue litigation based on inaccurate or unverified data B. They admit they only mailed verification AFTER my later request This means : No verification existed prior to their collection efforts. 

Their initial collection attempts were unvalidated. 

They violated FDCPA 1692g ( b ) ( continuing collection without validation ).

Their lawsuit was filed prior to sending verification, violating 1692g ( b ). 

This alone is enough for : FDCPA damages vacating any improper litigation removal of collection efforts XXXX. ZWICKER FALSELY CLAIMS THEY PROVIDED FULL VALIDATION THEY DID NOT Zwicker asserts : We mailed verification including the cardmember agreement and a significant quantity of account statements. 

This is misleading. 

Providing cardmember agreements does NOT validate the debt Courts have repeatedly held that agreements do NOT validate balances, accuracy, or legal status. 

They did NOT provide : a full accounting itemization charge-off ledger interest calculations proof the balance is correct verification from XXXX chain of title documentation supporting XXXX claims Zwicker provided only generic information not validation that addresses : disputed dates disputed amounts inconsistent reporting accuracy of the balance penalties fees interest charges This does NOT satisfy : FDCPA 1692g ( b ) ( verification must include evidence of the debt ) FCRA 623 ( b ) ( reasonable investigation ) Federal case law standards for validation XXXX. ZWICKER FALSELY STATES THEY AT ALL TIMES ACCURATELY STATED THE AMOUNT OF THE DEBT Zwicker has repeatedly misstated : balances accrued amounts fees interest what was owed at specific times My dispute specifically challenged : fluctuating balances inconsistent amounts discrepancies between XXXX and Zwicker misrepresented totals lack of documentation supporting the figure they attempt to collect Zwicker completely ignored these issues in their CFPB reply. 

Simply asserting accuracy does not satisfy federal law. 

XXXX. ZWICKER ADMITS THEY REQUESTED A XXXX LITIGATION STAY TO FORCE ARBITRATION THIS IS MISLEADING Zwicker states XXXX XXXX XXXX has communicated preference for arbitration the court granted a stay it does not appear he has initiated the process. 

This is misleading. 

The arbitration provision requires the party seeking to enforce arbitration ( ZwickerXXXX ) to begin the process. 
Courts have held that the party invoking arbitration must initiate it. 
The burden is NOT on the consumer unless your specific agreement states otherwise. 
Zwicker has taken no action despite being the enforcing party.

Their attempt to shift responsibility is improper and deceptive under : FDCPA 1692e ( 10 ) misleading representation Unfair collection conduct XXXX. ZWICKER IGNORED MY CREDIT REPORTING DISPUTES They claim : We do not furnish data to credit bureaus. 

Irrelevant. 

My dispute included : inconsistent XXXX reporting incorrect XXXX tradeline information XXXX failure to correct inaccurate data Zwickers reliance on inaccurate XXXX data in litigation and collection Zwicker can not hide behind we dont report when their entire collection case is based on the inaccurate reporting and data provided by their client. 

They must address : misrepresented balances legal status accuracy of amounts discrepancies Amexs failure to investigate They did not. 

XXXX. REQUESTED ACTION FROM CFPB I respectfully request that the CFPB require Zwicker to provide : Proof of mailing of XX/XX/year> validation Including : envelope copy postage receipts mailing logs exact contents Copies of ALL documents Zwicker used to determine the balance Not generic agreements actual accounting.

Proof supporting each amount Zwicker attempted to collect Including : principal interest late fees penalties attorney fees post-charge-off accruals Full audit of Zwickers litigation conduct Including : Whether they sued before validating Whether they misrepresented the amount Whether they misrepresented communications Whether they misrepresented obligations Whether they attempted to mislead CFPB Clarification of who is responsible for initiating arbitration Zwickers statements contradict applicable arbitration standards. 

CLOSING Zwickers response is : factually incorrect legally insufficient misleading non-compliant unsupported by documentation and inconsistent with federal law I request full CFPB review of Zwickers practices and violations in this matter. 

Respectfully, XXXX XXXX XXXX XXXX, MD

Company response to consumer: Closed with explanation