Consumer complaint received 2023-08-30
Company: ENCORE CAPITAL GROUP INC.
State: NY
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
According to 15 USC 1681 ( A ) ( E ) the term investigate consumer report means a consumer report or portion thereof in which information on a consumer 's character, general reputation, personal characteristics, or mold of living, is obtained through personal interviews with neighbors friends or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information however such information shall not include specific factual information on a consumer 's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer 15 USC 1681 subdivision ( a ) accuracy and fairness of credit reporting. consumer reporting agencies have assumed a vital role in assembling evaluating consumer credit and other information on consumers there is a need to ensure that consumer reporting agency exercised a grave responsibility with fairness impartiality and respect for the consumers right to privacy.

15 USC 1611 criminal liability for willful and knowing violation.

whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issue there under.

15 USC 1682 ( B ) In general subject to subsection C any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates, and I gave no one my written permission to write anything on my consumer report.

15 USC 1681 I procedure in case of disputed accuracy ( 2 ) prompt notice of dispute to furnisher of information Before the expiration of the five-business days. Beginning on the date on which a consumer reported agency receives notice of a dispute from any consumer or reseller in accordance with paragraph one the agency shall provide notification of the dispute to any person who provided any item of information and dispute had the address and, in the manner, established with the person the notice shall include all relevant information regarding the dispute that the agency has received from the consumer or reseller ( A ) If after any reinvestigation under paragraph one of any information disputed by a consumer an item of the information is found to be inaccurate or incomplete or can not be verified the consumer reporting agency shall promptly delete that item of information from the file of the consumer or modified it item of information as appropriate based on the results of the reinvestigation and promptly notify the furniture of that information that the information has been modified or deleted from the file of the consumer I feel that I have been violated of my rights and that each consumer reporting agency has to notify each other of the inaccuracy per the F DCPA and I feel that you guys are not communicating with each other as in closed are all of the inaccuracies that I asked you to investigate on my behalf and I gave no one permission to write any of this on my credit report which is against the law product FCRN and FD CPA my rights are being violated and I asked that you fix these inaccuracies as this is my second attempt to show you that these inaccuracy are across all three credit bureaus I'm just a regular person who knows and understands the laws and my rights as a consumer I have a right to privacy I have a right to have everything reported on my credit report 100 % accurate per the fair credit reporting act written by Congress and I ask that you please remove all and I mean every single inaccuracy and delete them he immediately before the point of litigation and I asked that you every single inaccuracy off of all three credit reports as you are bound by law to cooperate with the consumer and talk to each other XXXX XXXX and XXXX so that you can delete all of the inaccuracies on my credit report I, being a natural person in fact a national person, a private person, a living soul, a consumer and secure party and not a statutory person residing in the state of New York in the country of XXXX called XXXX XXXX do hereby solemnly declare say and state XXXX secure party is hearing everything stated in this truth affidavit is the truth the whole truth and nothing but the truth and all stated is true correct complete and not missing or misleading. NO THIRD PARTIES ALLOWED. 
PLAIN STAEMENTS ABOUT THE FACTS : FACT, the truth in lending act is intended to inform consumers about the cost of credit. 
FACT, the truth in lending act is intended to protect consumers against abuse and deceit by creditors and I have been abused and deceived so be it. 
FACT, AFFIANT is aware and has proof in attachment labeled as exhibit ( A ) SRM Is in violation of XXXX XXXX XXXX ( C ) ( A ) a debt collector XXXX not communicate with a consumer in connection with the collection of any debt. 
FACT, AFFIANT is aware and has proof in attachment labeled exhibit ( A ) that XXXX is in violation of 15 USC 1692 ( B ) ( 2 ) AND ( B ) ( 5 ) AS THESE LAWS APPLY TO ALL CREDIT COLLECTION AGENCIES ALL VIOLATIONS MUST BE ANSWERED FOR 15 USC 1692 D ( 2 ) A debt collector XXXX not engage in any conduct the natural consequence of which is to harass oppress or abuse any person in connection with the collection of a debt without limiting the general application of the foregoing the following conduct is a violation of this section. 
IN TRUTH I XXXX XXXX FEEL OPRESSED AND ABUSED AS SOURSE RECIEVIBLES MANAGEMENT AND ITS AFILIATES HAVE SENT ME XXXX LETTERS WITH DIFFERENT AFFILIATES NAMES SUCH AS RESURGENT, XXXX XXXX, MIDLAND  CREDIT MANAGEMENT, XXXX XXXX XXXX XXXX THIS IS ABUSE IN ITS FULLIST EXTENT I HAVE NO CONTRACT WITH ANY OF THE COMPANIES LISTED ( 2 ) the use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader 15 USC 1692 b Section ( 2 ) Any debt collector shall not state that such consumer owes any debt. 
Identify, state that he is confirming or correcting location, information concerning the consumer and only if expressly requested identify his employer not state that such consumer owes any debt not communicate with any such person more than once unless requested to do so by such persons or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information not communicate by card Section ( 5 ) not use any language, symbol on any envelope, or in the contents of any communication affected by the mail or telegrams that indicate that the debt collector is in the debt collection business or that the communication relates to the collection of a debt.

15 USC 1692 C ( A ) COMMUNICATION with the consumer without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent authority, a debt collector may not communicate with the consumer in connection with the collection of any debt.

abusive tactics there is abundant evidence of the use of abusive deceptive and unfair debt collection practices by many debt collectors abusive debt collection practices contribute to the number of personal bankruptcies to marital instability to the loss of jobs and to invasions of individual privacy. 
communication and connection with debt collection at any unusual time or place or a time or place known, or which should be known to be inconvenient to the consumer in the absence of knowledge of circumstances to the contrary a debt collector shall assume that the convenient time for communicating with the consumer is after XXXX o'clock and before XXXX o'clock post meridiem. 
A debt collection agency shall not come to the consumer or call to the consumers place of employment especially when the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communications. 
And for these reasons under the law, you have violated my rights several times. I've never had any contract or have NEVER done business with your company, nor will I ever do business with your company, I ask that you validate this dept I need the date and time this account was opened, all documentation concerning this account, any signatures in my specific hand writing the date closed and the date that this account was charged off also I didnt give you my XXXX written permission to contact the credit bureaus about this account under the FCRA 15 USC 1681 A ( 4 ) THERE IS A NEED TO INSURE THAT CONSUMER REPORTING AGENCIES EXERCISE THEIR GRAVE RESPONSIBILITY WITH FAIRNESS, IMPARTIALITY AND A RESPECT FOR THE CONSUMERS RIGHT TO PRIVACY 15 USC 1681 A permissible purpose of Consumer Reports and the general subject to subsection C any consumer reporting agency may furnish a consumer report under the following circumstances and no other in accordance with the written instruction of the consumer to whom it relates. collectors are not allowed to contact third parties to discuss a debt unless they will give him express consent by the debtor the only reason they may legally contact a third party is to attempt to locate the individual who owns the payment they may also not contact repeatedly or harass these third parties you guys at source receivables management are in clear violation of my rights as a consumer I gave no written instruction two you guys to write anything on my credit report therefore you have XXXX business days from the receipt of this affidavit to remove any remarks that you have put on my credit report and delete it expeditiously if you do not remove any remark that you have placed on my consumer report you will have to pay me {$5000.00} for not following the instructions in this affidavit and within those XXXX business days I expect to receive all the documentation regarding this account which is clearly not mine XXXX is clearly in violation and this is a crime that the are committing they need to be held liable under the law 15 USC 1681 n CIVIL LAIBLILTY clearly states ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. 
XXXX XXXX DISREGARDED ALL OF MY MAILED AFFIDAVITTS TO IT AND ITS AFFILIATES AND INSO DOING HAS VIOLATED THE LAWS THAT GOUVERN THE DEPT COLLECTION AGENCIES in all the evidence i have sent you concerning this matter XXXX should pay for all of the violations listed above A debt collector in collecting a debt, may not harass, oppress, or abuse any person. Specifically, a debt collector may not : Use or threaten to use violence or other criminal means to harm the physical person, reputation, or property of any person.

Company response to consumer: Closed with explanation