Consumer complaint received 2022-08-18
Company: ENCORE CAPITAL GROUP INC.
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I, XXXX XXXX, a consumer defined as, any natural person obligated or allegedly obligated to pay a debt pursuant to 15 U.S Code 1692a ( 3 ), have suffered from various violations of my Consumer rights protected by the Fair Debt Collection Act in connection with the collection of an alleged debt. 
I am aware and have proof that, MIDLAND CREDIT MANAGEMENTXXXX ENCORE CAPITAL GROUP COMPANY is willfully in violation of 15 U.S. Code 1692e ( 2 ) ( A ). I was misled and deceived of the legal status of the alleged debt by not being disclosed that the alleged debt was time barred or that payment on the account would renew the statute of limitations. The alleged debt was bought on XX/XX/XXXX six years after the Account # XXXX was reportedly opened on XX/XX/XXXX and charged off on XX/XX/XXXX. MIDLAND CREDIT MANAGEMENT/ ENCORE CAPITAL GROUP COMPANY also failed to provide debt validation letter prior to attempting to collect debt pursuant to 15 U.S. Code 1692g.

I am aware and have proof that, MIDLAND CREDIT MANAGEMENT/ ENCORE CAPITAL GROUP COMPANY is willfully in violation of 15 U.S. Code 1692e ( 5 ). I received a letter stating the account may be proceeded to an attorney for possible litigation. I responded via certified mail and requested original account level documentation to validate the alleged debt. MIDLAND CREDIT MANAGEMENT/ ENCORE CAPITAL GROUP COMPANY sent a letter from XXXX  XXXX XXXX XXXX regarding the debt being sold and a statement and has failed to provide adequate information on the account forming the basis for the debt and shall not legally file suit without original account level documentation. Pacific Concrete F.C.U. v. Kauanoe, 62 Haw. 334, 337 ( Haw. XXXX ) ( mere statements in affidavits do not authenticate exhibits referred to unless these exhibits are sworn to or certified ) The letter from XXXX XXXX XXXX XXXX regarding the debt being sold was addressed to XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX Florida XXXX which is an inaccurate address and I have not had residence there. 
I am aware and have proof that, MIDLAND CREDIT MANAGEMENT/ ENCORE CAPITAL GROUP COMPANY is willfully in violation of 15 U.S. Code 1692e ( 10 ) and 15 U.S. Code 1692e ( 13 ). I received several documents deceptively titled Midland 's Pre-Legal/Legal Process signed by Divisions Manager XXXX XXXX in an attempt to collect alleged debt. 
I am aware and have proof that, MIDLAND CREDIT MANAGEMENT/ ENCORE CAPITAL GROUP COMPANY is willfully in violation of 15 U.S. Code 1692d ( 5 ) and 15 U.S. Code 1692d ( 6 ). I have record of repeated calls from MIDLAND CREDIT MANAGEMENT/ ENCORE CAPITAL GROUP COMPANY and a total of twenty nine voicemails. On XX/XX/XXXX a representative by the name of XXXX XXXX called me twice within one hour and left two voicemails. Two days later I received another two harassing calls within a thirty four minute time span. A representative of MIDLAND CREDIT MANAGEMENT/ENCORE CAPITAL GROUP COMPANY called from an undisclosed number stating only their name, " XXXX XXXX XXXX and not the name of the collection company when I asked twice who the call was from, after verifying who I am. XXXX XXXX then proceeded to harass me for eight minutes stating I owed a debt. These repetitive calls and voicemails accompanied with threat of legal suit caused me severe emotional distress and XXXX  in fear of being sued for the alleged debt. 
I am aware and have proof that, MIDLAND CREDIT MANAGEMENT/ ENCORE CAPITAL GROUP COMPANY is willfully in violation of 15 U.S. Code 1692e ( 10 ). I received the first letter threatening litigation from XXXX XXXX who signed as Divisions Manager. The document received on XX/XX/XXXX in response to the Cease and Desist was also from XXXX XXXX who then falsely signed as Consumer Support Services further confusing and misleading me on who is resolving my concerns. I have disputed this account several times with XXXX, XXXX, and XXXX and MIDLAND CREDIT MANAGEMENT/ ENCORE CAPITAL GROUP COMPANY continues to report this inaccurate account on my credit report. I have filed two FTC reports regarding my identify theft and improper use of sensitive personal credit data, one in XXXX and XXXX on XX/XX/XXXX.

Company response to consumer: Closed with monetary relief