Consumer complaint received 2023-08-12
Company: ENCORE CAPITAL GROUP INC.
State: CO
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Re : Extension of the previous complaint XXXX I want to address Midland Credit Management 's actions and their handling of an alleged debt, as well as their violations of the Fair Debt Collection Practices Act ( FDCPA ). I feel the need to clarify my position and express my concerns about the matter in relation to the FDCPA regulations. 

Firstly, I want to make it clear that I have never entered into any contractual agreement with Midland Credit Management, nor have I provided any form of consent for them to act on my behalf regarding the alleged debt. There is no binding agreement or signature that establishes my obligation to their company. I understand my rights and responsibilities as a consumer, and I expect them to be respected. 

I previously sent a Cease and Desist order to Midland Credit Management, not as my interpretation of the law, but as a legitimate legal action supported by the FDCPA itself. The FDCPA defines communication broadly as the transmission of information about a debt through any medium. Thus, the Cease and Desist order is a formal request for an end to all communication regarding the alleged debt. 

It's disheartening to see that despite this explicit communication, Midland Credit Management has continued to contact me. This disregard for the FDCPA regulations, particularly 15 U.S. Code 1692a ( 2 ), which defines " communication, '' is concerning and disappointing. 

Furthermore, their alleged harassment, use of unfair practices, and violation of 15 U.S. Code 1692d and 15 U.S. Code 1692f have had a negative impact on my mental well-being and my ability to secure housing and transportation. These actions directly breach the protections the FDCPA affords consumers, and their consequences are tangible and distressing. 

In line with 15 U.S. Code 1692g, I requested verification of the alleged debt, which Midland Credit Management failed to provide. This absence of verification raises doubts about the legitimacy of their claims and actions, and it's crucial that they adhere to the legal requirements outlined by the FDCPA. 

I want Midland Credit Management to understand the profound impact that abusive, deceptive, and unfair debt collection practices have on individuals ' lives. These practices lead to personal bankruptcies, strained relationships, job loss, and breaches of privacy. Their actions, as described earlier, have compromised my privacy, my creditworthiness, and my trust in the security of my personal information. 

I am demanding that Midland Credit Management takes immediate corrective actions. These actions include ceasing all communication about the alleged debt, adhering to FDCPA regulations, verifying the alleged debt, rectifying any erroneous information on my credit report, compensating me for the distress caused, and removing any negative impact on my credit report. 

Midland Credit Management has a long track record of using abusive tactics against consumers showed here in the Pierre v. Midland Credit Management , Inc., No. 19-2993 ( 7th Cir. 2022 ) I believe in accountability, and I hope that Midland Credit Management rectifies these violations promptly. I also ask the Consumer Financial Protection Bureau ( CFPB ) to take note of these harmful tactics and the violations committed by Midland Credit Management. I trust that the necessary measures will be taken to ensure accountability, address the damages inflicted, and safeguard other consumers from similar experiences.

Company response to consumer: Closed with explanation