Consumer complaint received 2023-07-18
Company: ENCORE CAPITAL GROUP INC.
State: MD
Product: Debt collection
Sub-product: I do not know
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
On XX/XX/2023 I sent 3 letters via USPS certified to Midland Credit Management to cease and desist communication. Each letter consist of the following : NOTICE OF DISPUTE To : Midland Credit Management Inc., I, XXXX XXXX, a consumer, am notifying you that I dispute this alleged debt pursuant to 15 USC 1692g. I REQUEST THAT YOU PROVIDE ME VERIFICATION OF THIS ALLEGED DEBT. VERIFICATION CONSISTS OF PROOF THAT THIS ALLEGED DEBT BELONGS TO ME, A FORMAL DECLARATION IN WHERE YOU SWEAR TO THE TRUTHS OF THE STATEMENTS OF THE FACTS OF THE MATTER, HAVE FIRST-HAND KNOWLEDGE AND MUST BE NOTARIZED. 

Since this debt is disputed pursuant to the Fair Debt Collection Practices Act, you are required to cease all collection of this alleged debt which includes reporting to my consumer report with XXXX, XXXX, AND XXXX. I hereby inform you that you do not have my consent to communicate with me through any medium. Furthermore, I DID NOT consent to you having my personal and private information. This constitutes aggravated identity theft. I also DID NOT consent to you reporting information in my name to the consumer reporting agencies. 

You are in noncompliance with the Privacy of Consumer Financial Information Rule of the Gramm Leach Bliley Act for sharing my nonpublic personal information to nonaffiliated third parties and not providing me a notice that complies with section 6803 and giving me the opportunity to opt out pursuant to 15 USC 6802. 

I request that you provide me the Aggravated Value Of Purchase showing how much you paid for this debt. It is a material misrepresentation for you to attempt to collect any amount more than what you paid for this debt which is fraud upon the court and false & misleading. 

This is a warning! You have violated my rights as a consumer and if you do not cease all collection activities and request for this account to be deleted from my consumer report, i will commence a civil action against your company, in the United States district court. 

Sincerely, XXXX XXXX As of today, XX/XX/XXXX I received additional communication from Midland Credit Management in regards to a debt that I am not aware of. According to 15 USC 1692b When a consumer refuses, in writing, to pay a debt or requests that the debt collector cease further communication, the collector must cease all further communication, except to advise the consumer that The collection effort is being stopped. Certain specified remedies ordinarily invoked may be pursued or, if appropriate, that a specific remedy will be pursued. Mailed notices from the consumer are official when they are received by the debt collector. Also, according to 15 USC1692g The debt collector must provide the consumer with certain basic information. If that information was not in the initial communication and if the consumer has not paid the debt five days after the initial communication, the following information must be sent to the consumer in written form, The amount of the debt ; The name of the creditor to whom the debt is owed ; Notice that the consumer has 30 days to dispute the debt before it is assumed to be valid ; Notice that upon such written dispute, the debt collector will send the consumer a verification of the debt or a copy of any judgment ; and Notice that if, within the 30-day period, the consumer makes a written request for the name and address of the original creditor, if it is different from the current creditor, the debt collector will provide that information. 
If, within the 30-day period, the consumer disputes in writing any portion of the debt or requests the name and address of the original creditor, the collector must stop all collection efforts until he or she mails the consumer a copy of a judgment or verification of the debt, or the name and address of the original creditor, as applicable. 

According to the FDCPA laws, as a consumer my rights are being violated by Midland Credit Management.

Company response to consumer: Closed with non-monetary relief