Consumer complaint received 2023-08-30
Company: ENCORE CAPITAL GROUP INC.
State: TX
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:
MIDLAND CREDIT MANAGEMENT XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX XXXX, CA XXXX To Whom It May Concern : This notice is to inform you that you have unlawfully reported an alleged debt to my consumer report. Under the New Rule REGULATION F which took effect XX/XX/2021, You MIDLAND CREDIT MANAGEMENT You have violated the FDCPA 1006.30a and its new rule by parking this alleged debt on my consumer reports. Cease and desist the reporting of this alleged Debt immediately or I will escalate this matter to taking legal action.

I have not given you written permission to put anything on my credit profile 15 USC 1681b2.

You have no permissible purpose by law to contact third parties with my private or personal information. Your offenses amount to Aggravated Identity Theft pursuant to 18 U.S.C. 1028A.

You have knowingly transferred, possessed, or used, without lawful authority, a means of identification of me, which is a felony punishable with up to 2 years of imprisonment, in addition to civil liability.

I AM A LITIGIOUS CONSUMER I WILL NOT HESITATE TO TAKE LEGAL ACTION AGAINST MIDLAND CREDIT MANAGEMENT 15 USC 1692c ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt.

I refuse to pay this alleged debt. Cease and desist all collection activity regarding this alleged debt and PROMPTLY Delete it from all consumer reporting agencies that you have reported this inaccurate, incomplete, erroneous, and misleading information to at once.

The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal and house purposes.

You and your inaccurate reporting have damaged my livelihood.

15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION Duty : a moral or legal obligation ; a responsibility 15 USC 1681 s-2 Says you MIDLAND CREDIT MANAGEMENT, are a furnisher of information to a consumer reporting agency.

You ARE PROHIBITED BY LAW to furnish inaccurate information 15 USC 1681 s-2 ( a ) ( 1 ) ( A ) 15 U.S. Code 1681s2 ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( A ) Reporting information with actual knowledge of errors 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.

Accurate : correct in all details ; exact.

PROHIBITION : a law or regulation forbidding something ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if 60 ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate.

In conclusion I have shown you and you have been put on notice that you are reporting inaccurate information. The information is, in fact, inaccurate.

The continued reporting of this inaccurate information is a clear violation of the Law 15 USC 1681 s-2 of your responsibilities as a furnisher of information.

You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to Cure and DELETE This Erroneous, inaccurate account from my Consumer report.

YOU HAVE 10 Calendar days to DELETE THIS ACCOUNT FROM MY CONSUMER REPORTS! or I will take legal action for consumer law violation under 15 USC 1681 n, 15 USC 1681 o and 15 USC 1692k.

DELETE THE FOLLOWING ACCOUNT/S FROM YOUR RECORDS AND ALL CONSUMER REPORTING AGENCIES. 
ACCOUNT # XXXX Failure to respond satisfactorily with deletion of the above referenced account, and send out a free copy of my report after the changes have been made will result in legal actions being taken against your company, for which I will also be seeking {$1000.00} per violation for : 1. Defamation of Character ( per se ) 2. Negligent Enablement of Identity Fraud 3. Fair Debt Collections Practices Act 15 USC 1692g violations 4. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] Thank you, XXXX XXXX

Company response to consumer: Closed with explanation