Consumer complaint received 2023-09-28
Company: ENCORE CAPITAL GROUP INC.
State: NY
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Notification didn't disclose it was an attempt to collect a debt

Complaint:
I opened a dispute with this company because they chose to illegally park on my consumer report. I asked for proof of when/ where I was properly notified about the opening of these collections. However, my request was denied and my dispute was closed despite these documents not being provided. 

Furthermore, the document regarding me and the original creditor is nevertheless unimportant, as I am not asking for verification of the debt to the original creditor. Your assertion of sending disclosures is disputed as I have no record of receiving any correspondence from your company. By furnishing my private information to these third parties, you are violating my privacy rights. Also, there is a lack of documentation substantiating my obligation to make payments to you. 

I hereby demand the immediate provision of comprehensive documentation proving I was provided a CLEAR and CONSPICUOUS notice of this debt and informed of my rights under the Fair Debt Collection Practices Act ( FDCPA ) and relevant congressional regulations. If you can not provide the documentation required by law. These collections must BE DELETED from my consumer report to avoid legal action. Debt collector communication disclosure. The statement required by 1006.18 ( e ) .Information about the debt. Except as provided in paragraph ( c ) ( 5 ) of this section : ( i ) The debt collectors name and the mailing address at which the debt collector accepts disputes and requests for original creditor information. 

And the other required notices/disclosures required by U.S. Code , 1006.34 As stated in your response, you claim that disclosure letters were mailed to me on the following : XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. 

Please provide proof that I was sent the proper disclosures and notices required by Congressional laws regulations under U.S. Code, 1006.34 " Notice for validation of debts, ''. 
I hereby assert that I have not provided a permissible purpose, as defined in U.S. Code 1681b, for your company, " ( MIDLAND CREDIT ) '' to disclose my private information to third-party credit reporting agencies. It is crucial to note that leaking my private information without disclosure would be in direct violation of the Federal Fair Credit Reporting Act, specifically 15 U.S. Code 1681b ( 2a ). I demand immediate cessation of this activity to avoid legal repercussions. 15 U.S Code 1681b ( 2a ) Disclosure to consumer ( A ) In general, Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes concerning any consumer, unless ( i ) A clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes ; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person. 
As the consumer, I never authorized your company to furnish any information to my consumer report, nor did I provide my social security number for this purpose. 
Your company has no authority to report anything to my consumer report. The charge-off information is not public, and therefore you are furnishing unauthorized private information, which has resulted in significant harm to my character and mental health. The failure to provide proper proof of disclosures in question may potentially give rise to a legal cause of action for fraud and identity theft. You must adhere to the necessary procedures outlined by law to avoid any legal consequences. 

The collections need to be permanently deleted from my consumer report, as well as its closure. Must I remind you, that the Fair Credit Reporting Act explicitly guarantees my entitlement RIGHT TO PRIVACY and privilege to an accurate credit report? Kindly reach out to me promptly with an appropriate update or any inquiries you may have. You are hereby on notice. 

Thank you,

Company response to consumer: Closed with explanation