Consumer complaint received 2023-07-31
Company: ENCORE CAPITAL GROUP INC.
State: SC
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Pursuant to the Fair Credit Reporting Act 15 USC 1681 XXXX XXXX and XXXX are consumer reporting agencies and I am the consumer. I have the right to ensure my private information isnt shared in accordance with 15 USC 6801 which states It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. 

Midland Credit Management Inc., are financial institutions as defined in title 15 USC 1681. Titel 15 USC 1681 section 604 subsection 2 states In general subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. Midland Credit Management XXXXnc., the financial institution and the consumer reporting agencies XXXX, XXXX and XXXX do not have my consent to furnish this information and they do not have my written consent. Any and all consent to XXXX, XXXX, XXXX, Midland Credit Management Inc., whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless -- - the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Midland Credit Management Inc., failed to inform me of my right to exercise my nondisclosure option. 

15 USC 1681c ( a ) ( 5 ) states Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information, any other adverse information, other than records of convictions of crimes which antedates the report by more than seven years. This account is an adverse item they are reporting again without my permission which is unlawful. 

15 USC 1681s-2 ( A ) ( 1 ) states A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 USC 1681e states Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of title 15 and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. 

12 CFR 1016.7 states A consumer may exercise the right to opt out at any time. I am opting out of your reporting services. 

Midland Credit Management Inc., has also engaged in identity fraud. Midland Credit Management Inc., used my social security number to report private information to the consumer reporting agencies, which is also a violation of the Privacy Act of 1974. 

Each month that Midland Credit Management Inc., reported my private information without consent is a violation of the Fair Credit Reporting act. Midland Credit Management Inc., has reported my private information without consent for 28 consecutive months, to all 3 ConsumeXXXX Reporting Agencies, equaling 84 separate violations of the Fair Credit Reporting Act. 

WHEREFORE, I demand {$1000.00} per violation of the Fair Credit Reporting Act. I demand the accounts be deleted from all Consumer Reporting Agencies reports.

Company response to consumer: Closed with non-monetary relief