Date Received: 2017-06-24
Product: Credit card debt
Issue: Took or threatened to take negative or legal action
Consumer Consent Provided to Share Complaint: Consent provided
Consumer Complaint: The 2016 court ruling on CFPB vs XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX XXXX ) determined that those attorneys violated the FDCPA and were ordered to stop specific violations. Cooling and Winter have established a new law firm in which they continue those illegal litigation practices. I was served a complaint by Cooling and Winter on behalf of XXXX XXXX XXXX for a credit card debt. No attorney was meaningfully involved in preparing or filing my case ( violating 807 ( 3 ) of the FDCPA ). I called the law firm ‘s contact number XXXX and XXXX and was always routed to a representative or ( if busy ) a voicemail. When a representative answered he would always route me to XXXX XXXX XXXXr, who he claimed was the ” agent ” handling my case. XXXX XXXX ‘s extension always goes straight to his voicemail and he returns your call at a later time. If all representatives were busy when I called then I would be routed to a voicemail box. To no avail I ‘ve repeatedly asked to speak with the attorney handling the lawsuit. The ” agent ” handling the lawsuit ( XXXX XXXX ) is a debt collector with XXXX XXXX XXXX, XXXX ( according to his site ). The ratio of attorneys that ACTUALLY PRACTICE with this law firm compared to the number of suits filed would be consistent with a lawsuit mill. I emphasize ‘actually practice ‘ because although they list 7 other GA attorneys at this firm, almost half of them have not filed one case at this firm. In addition, I received a copy of a notarized affidavit that will be used. The person on the affidavit states that they are a ” Litigation Support Representative ” and ” employed by XXXX XXXX XXXX, XXXX, an affiliate and service provider to XXXX XXXX XXXX ( USA ), N.A. ” In the statement, the representative never admits to having ” personal knowledge ” of the account, only having ” reviewed the records pertaining to the account. ” Per the court ordered judgement, Cooling and Winter were ordered to restrain from : 10. ( a ) ” presenting to a court any affidavit in which an affiant represents, expressly or by implication, having personal knowledge of the validity, truth, or accuracy of the character, amount, or legal status of any Debt, when that is not the case ; ” I sincerely hope that the CFPB will look into the practice of this company and continue to help customers that are violated by their illegal practices. Thank you for your time.
Company: Cooling & Winter LLC
State/Zip: GA 301XX
Company Response to Complaint: Closed with explanation
Was Company Response Timely: Yes
Did Consumer Dispute Company Response: N/A
Complaint ID: 2557948
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