Consumer complaint received 2023-07-23
Company: ENCORE CAPITAL GROUP INC.
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Consumer has received another offer from Midland Credit Management on an additional account. The company states that they're a 3rd party purchaser collecting on a previous debt. I ask for MCM to produce promissory note, original signed contract, bill of sale with price or purchase order, evidence of lien, evidence of my signed authority for your company to solicit me using my private personal information that I never provided to MCM. This is a false and misleading practice of deception. This is identity theft. You are violating the FDCPA and CalCivCode 1565-1590 contract law. If MCM have a valid contractual agreement signed by consumers agent that require the consumer to pay on a promissory obligation, then MCM must provide that contract to consumer as proof. MCM chooses to violate Rosenthal Fair Debt Collection Practices Act. Not to mention MCM still has no valid license in the state of CA.

Because the consumer has no legal obligation to MCM, EXCEPT TO RESPOND TO THIS NOTICE then MCM must cease and desists all communications including consumer reporting communication. 15 U.S. Code 1692c states a debt collector may not communicate with consumer without prior consumer directly consenting to debt collector. You previously stated that consumer permission is not required to report to consumer report. As the consumer previously stated to MCM, under 15 U.S. Code 1681b - Permissible purposes of consumer reports a consumer report must have written consent from consumer furnishing of information and consumer report can not have personal transaction history. You also state consumer permission is not required because you sent a validation letter. Consumer points out according to 12 CFR 1016 you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. It further states that the consumer has the right to opt out at any time. MCM failed to provide either of this information within the validation letter to consumer. MCM MUST NOT REPORT TO CONSUMER REPORT. 12 CFR 1022.24 reasonable opt-out opportunity must be provided.

As stated before you are in violation of my privacy under the Privacy Act of 1974 and the California Consumer Privacy Act. I did not authorize MCM to obtain in anyway my private information including alleged debt and use it against me.

As stated in previous notice a California resident under California Consumer Privacy Act, have the right to request deletion of personal information and opt out of sale of personal information. PLEASE PROCESS OPT OUT OF SELLING AND SHARING PERSONAL INFORMATION & DELETE PERSONAL INFORMATION.

The consumer will take it a step further in seeking remedy per 15 USC 1692k. The consumer demand compensation for each month of violations of {$1000.00} per month until account is removed. Failure to comply will lead to identity theft complaints with the FTC and Comptroller. By continuing the use of my personal stolen information, I may also file complaint with XXXX of California. I may also seek audit via IRS. I take my consumer rights very serious. Please unless concerning remedy to me MCM must cease and desist all other communications including consumer reporting. Consumer may use all information against you as proof of claim for potential lawsuit.

Company response to consumer: Closed with non-monetary relief