Consumer complaint received 2023-01-07
Company: ENCORE CAPITAL GROUP INC.
State: TX
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
As mentioned in the initial dispute, according to the law you are required by law ( 12 CFR Part 1016.4 ( a ) ( 2 ) to provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to consumers before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, if you make such a disclosure other than as authorized by 1016.14 and 1016.15 of this part. 12 CFR Part 1016.7 indicates you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. 12 CFR Part 1016.7 ( g ) also states that you must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. As of today, XX/XX/XXXX, I have not received a privacy notice or Opt Out notice from midland credit management , INC or XXXX XXXX XXXX. Per 15 USC 6805 and FCRA and as a federally protected consumer, I am requesting to opt out of any and all authorizations reporting of my personal data to anyone without my prior written consent, immediately and permanently. Any further sharing of my personal data will be in violation of my rights under the Privacy Act of 1974. The provisions of 15 USC 6801 ( a ) require financial institutions to notify consumers of their information sharing practices and provide a right to opt out of certain sharing. I never received an opportunity to opt out of notice from XXXX XXXX XXXX or midland credit management , INC. Also, previously stated, as a violation of 15 USC 6802XXXX XXXX XXXX XXXX communicated my nonpublic personal information to unaffiliated third party, which is you ( midland credit management ) without my consent and without giving me the opportunity to direct such information not to be disclosed. All of the information contained in my consumer report is nonpublic personal information unless I give you permission. You are also in violation of 18 U.S.C 894 for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt I do not owe. As you are aware, XXXX XXXX collection of this debt is no longer considered as DEBT. Which, you ( midland credit management ) are a third party DEBT COLLECTOR, which means the debt has been charged-off and is now considered as a CERTIFICATE OF INDEBTNESS ( 26 CFR 1.6050P-1-information reporting for discharges of indebtness by certain entities ) as well as income ; and income can not be reported on my consumer report. As I previously stated, per 15 USC 6805 and FCRA and as a federally protected consumer, I am opting out of any and all authorizations reporting of my personal data to anyone without my prior written consent. Any further sharing of my personal data will be in violation of my rights under the Privacy Act of 1974 and copyright protection. To reintegrate, I did not give you, midland credit management or XXXX XXXX XXXX, authorization or permission to have my current personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. Please be advised that I dispute the validity of the listed alleged debt in its entirety. You are requesting that I provide you with proof of non-validity, that request is DIRECTED to you for you to provide, since you believe I owe the ALLEGED debt. Again, I am requesting a copy of a contract or agreement signed by the alleged original creditor and all parties to any such contract provided. Be advised that a BILLING STATEMENT, which you mentioned in your response, notice or any unsigned document is NOT verification of the alleged debt. You are on notice that you are unlawfully attempting to collect the listed alleged debt. If you opt to provide verification, also provide me with proof of the chain of title ownership of the debt. Also, if the alleged debt was acquired by a debt buyer, you would also need to provide proof of the chain title of the alleged debt, and this must be from the original creditor to the current alleged without a break in chain. This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data. Failure to remove this debt within 4 days from my consumer report as requested will result in legal matters being taken upon you. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by mail. This is an attempt to correct your records, any information obtained shall be used for that purpose. During this time collection activity must cease and desist. If any adverse action that is taken during this validation period that negatively impacts my Credit Report, including any potentially inaccurate information, I will instruct my legal consul to take relevant action against you by filing a FEDERAL CIVIL CASE against you, midland credit management and XXXX XXXX bank. You must immediately remove the collections you fraudulently placed on my credit reports until such a time as the debt is proven valid. If I personally do not receive any response from you for VALIDATION of this account within 4 days, all references and claims to this account must be deleted from your files. Adverse actions taken against me denying my rights, of which the civil damages pursuant to 15 USC 1611 ( 1 ) are up to { { { { {$5000.00} } } } } per violation, civil damages for 15 USC 1692 ( j ) are up to { { { { {$1000.00} } } } } .per violation NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT SILENCE IS ACQUIESCENCE.

Company response to consumer: Closed with explanation