Consumer complaint received 2023-07-11
Company: ENCORE CAPITAL GROUP INC.
State: OH
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Per the FCRA, as a federally protected consumer, I am exercising my right to opt out of ANY AND ALL AUTHERIZATION, I THE CONSUMER MAY HAVE GIVEN YOU written, unwritten, verbal, or non-verbal per 15 USC 6802. 

Failure to comply is a direct violation of federal law. Under 15 USC 6801- Protection of nonpublic personal information ( a ) Privacy obligation policy 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. The law defines nonpublic personal information ( 4 ) Nonpublic personal information ( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer; or ( iii ) otherwise obtained by the financial institution. ( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title. ( C ) Notwithstanding subparagraph ( B ), such term ( i ) shall include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any nonpublic personal information other than publicly available information; but ( ii ) shall not include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived without using any nonpublic personal information. Per the FCRA as a federally protected consumer I have opted out of any and all authorization whether it be written, unwritten, verbal, or nonverbal. 

Once again, I am exercising my right to opt out when it comes to the communications between my credit furnishers and any credit reporting agency, in accordance to 16 CFR 313, which grants consumers the right to opt-out of certain information-sharing practices. This means that individuals have the choice to restrict the sharing of their financial information with certain third parties. 

Further more as stated, I have opted out of any and all authorization per 15 USC 6802 from the reporting of this account. 

Your own Privacy Policy states that you do not share Customer Information with non-affiliated third parties. 

Additionally, you are attempting to collect a debt that you have no legal right to collect.

To legally collect a debt you need to be in possession of the Promissory Note/ Retail Installment Agreement with my ink signature, and the UCC-1 Financial Statement. This is called a Perfected Lien. There needs to be a UCC-1 filed in my state. 

This account was Charged/Off which is a cancellation of debt, also known as a Certificate of Indebtedness, which is now considered income. Income can not be included on a consumer report. 

This account is now in dispute and needs to be removed from consumer report, as no collection activity can be conducted while in dispute. 


Thank You

Company response to consumer: Closed with non-monetary relief