Consumer complaint received 2022-03-01
Company: ENCORE CAPITAL GROUP INC.
State: CA
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
These companies are in violation of federal law 15 USC 1681b ( 2 ) Permissible purposes. the law clearly states that credit reporting agencies can report only with " The written instructions of the consumer to who it relates. I am a federally protected consumer and i never gave any of the three companies XXXX, XXXX, and XXXX any written consent to furnish my credit report to anyone. Since XX/XX/XXXX I have sent out multiple letters to the credit reporting agencies to remove these items from my credit report and i have yet to get a response. The following items must be removed from my credit report This collection agency is furnishing an alleged debt that is on my consumer report XXXX and XXXX The collection Midland Credit Mangement has not provided me with the proper validation according to 15 usc 1692g. Also they have violated 15 usc 1692f. I have not received any proof that there was a such agreement that expressly authorizes this debt collection agency to collect on an Alleged debt which is a violation of the FDCPA. I sent a debt validation letter on XX/XX/2022 and have not recieved any proof of the from them that there is an agreement in place pursuant to 15 usc 1692f ( 1 ) of the FDCPA that they can collect from me or that they even own the debt. This is a violation of my right to privacy. 

I have never given them prior consent to contact me which is a violation of 15 usc 1692c This account is blatantly illegal under federal law. I am under no duty to pay a debt collector the purported sum until it is proven differently. However, they have committed identity theft because I never gave them permission to share any of my personal information with you. I have never received any documentation that I have a business relationship with Midland credit management or that I owe any obligations to them. Identity theft is demonstrated by their failure to prove this. The reason for this is that if they indicate supposed Statements from an original creditor, this is a type of identity theft perpetrated not just by the collection agency, but also by you by reporting this without physical proof. 

Notice, it is a fact, affiant alleges in accordance with 28 U.S. Code 3002 ( 1 ) ( B ) Midland Credit management is not a US attorney, an assistant or designated to act on behalf of the US attorney, or an attorney or the US Dept. of Justice or a Federal agency with litigation authority, which means the head of agency with any accompanied private attorney must have a contract made in accordance with section 3718 of title 31 to conduct any litigation or collection of debts pursuant to 18 U.S.Code 8 on behalf of the United States and otherwise would have no rights to collect.

This company has committed aggravated identity theft 18 usc 1028A Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. 
( 2 ) Terrorism offense. 
Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.

The company has violated the following laws 15 usc 1692b ( 5 ) Using a symbol to indicate to the consumer that the debt collector is in the debt collection business - 15 usc 1692c ( a ) ( 1 ) calling the consumer at an unusual time or place - 15 usc 1692c ( a ) ( 3 ) calling at the consumers work place when it is prohibited to recieve such communication. 



- 15 usc 1692d ( 1 ) using the means of harm to damage my reputation - 15 usc 1692d ( 2 ) The use of profane language which is used to abuse the hearer or reader - 15 usc 1692d ( 5 ) Causing the telephone to ring repeatedly with intent to annoy, Abuse or harass any person at the called number - 15 usc 1692e ( 2 ) The false representation of the legal status of a debt - 15 usc 1692f ( 1 ) The collection of any amount unless such amount is expressly authorized by the agreement creating the debt - 15 usc 1692g ( a ) Failure to provide the 5 things to prove the comsumer owes a debt within 5 business days. 



- 15 usc 1692b ( 2 ). Requesting location information from a family member saying i owe such debt I know that the company is in violation of federal law. So if this company will not remove this debt that is clearly not mine from my consumer report i will be seeking monetary Relief of {$20000.00} for violations of the FDCPA.

Company response to consumer: Closed with explanation