Consumer complaint received 2021-04-13
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:
Dear CFPB, My name is XXXX XXXX XXXX XXXX ; my SSN is XXXX. 

Im writing in to complain about XXXX 

XXXX  is reporting a collection account that is not mine. I deny the existence and validity of the below item and consequent thereto I demand they be verified by with established law or removed immediately. 

Please note that the Credit Reporting Agencies are now subject to Federal Consumer Financial Laws, including, among others, the FCRA and Title X of the Dodd-Frank Act, and related regulations including a ban on '' Abusive '' Acts or Practices. ( Section 1031 of the Dodd-Frank Act ) If this entry is verified, please send me the name and address of the provider or furnisher providing this data, and the manner in which it was provided in order that I may pursue additional legal remedies. 

As you know, the Fair Credit Reporting Act required you to follow reasonable procedures to assure maximum possible accuracy of the information on my credit report. Therefore, I am requesting you verify the item 's I am disputing at a higher standard than a computer generated inquiry, XXXX or third party database search. Please also notify the source who reported the item within 5 days after receiving this dispute, and obtain an affidavit sworn under penalty of perjury of verification directly from a person at that source. 

According to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), your company is required by federal law to verify - through the physical verification of the original signed certified consumer contract - of any and all accounts you request to be posted and or reported on a credit report. 

I demand to see a copy of the Verifiable, Validated Proof ( an original Consumer Contract with a wet-ink Signature on it, copies and/or copies of copies are not Validation and by Law are not considered proof ), that you have on file for the account listed above. 

Under the FCRA, unverified, invalid accounts must be removed. If you are unable to provide me with a copy of the verifiable/validated proof that you have on file for the account in dispute then. you must once remove the account from my Experian credit reports. I demand the account be verified or removed immediately! 

The law is very clear as to the Civil liability and the remedy available to me for the " negligent noncompliance '' ( Section 617 ) if you fail to comply with this Federal Law.

Your failure to positively verify these accounts has hurt my ability to obtain credit. Under the FCRA, unverified accounts must be removed and if you are unable to provide me a copy of verifiable proof, you must remove the accounts listed below. 

I demand the following accounts be verified or removed immediately. 
Purported Creditor : XXXX Accounts in Dispute : Midland Credit Management XXXX Encore Capital Group Account # XXXX Account type : Collections Account Status : Unverified When you finish your investigation I want the name, address, and telephone number of the person at the source you contacted and an affidavit under declaration of penalty of perjury from that individual, in other words a fact witness. I expect your office to comply with the prescribed method of procedure as mandated by 15 USC section 1681 or FCRA section 611 et seq. 

Sincerely, XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation