Consumer complaint received 2021-08-20
Company: ENCORE CAPITAL GROUP INC.
State: TX
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Encore Capital/Midland Funding , LLC acquired a closed credit card account, that was closed because of cyber hacking fraudulent charge activity from XXXX. This fraudulent activity was investigated by XXXX XXXX fraud investigators, and I was told by XXXX XXXX, I was not responsible for fraudulent charges, which were in the amount of {$2800.00}. 

Recently I filed two complaints with CFPB in relation to this matter, as well as filing a related complaint in XXXX, complaint # 's ( XXXX, XXXX, XXXX ). 

In XXXX Encore Capital/Midland Funding , LLC agreed to a settlement with the CFPB in reference to it's unprofessional, and unethical tactics for collecting acquired bad debt accounts. The tactics mentioned in the lawsuit are exactly the tactics Midland Funding, LLC, and their legal Agent XXXX XXXX XXXX, XXXX used with XXXX staff attorney XXXX XXXX XXXX, in obtaining a summary judgment through a non jurisdiction ward level Louisiana court, which I was not served, and had no knowledge of summary judgment until after issued by XXXX XXXX court judge. The proper court jurisdiction would have been XXXX Judicial district court, with proper service provided to respond. Notice to appear in XXXX XXXX court was actually served to a apartment address my brother no longer lived at when served, and was handed to a juvenile for service. 

As stated, I did not appear, because I was not served, and learned of summary judgment after the fact, on a XXXX XXXX credit card closed by XXXX fraud division, for cyber hacking. This account should have never been bundled and sold as junk debt with other accounts. 

Since obtaining their summary judgment, Encore Capital/Midland Funding , LLC, via their legal representation XXXX XXXX XXXX XXXX XXXX, has used very unethical tactics, even tactics violating Federal Trade Commission guidelines for debt collection, after being advised by me, that I did not owe the debt, that the account records they said XXXX XXXX included in the junk debt purchase were inaccurate, and in writing sent Encore Capital/Midland Funding , LLC a cease and desist communications concerning collection of this debt I did not owe per Federal Trade commission rules. 

In the mentioned CFPB complaint filings the one with XXXX XXXX, their response was " account was sold to Midland Funding, LLC in XXXX, and they no longer had information concerning account in their files ''. This means XXXX XXXX no longer has the fraudulent charges activity investigation they used to close the credit card account, and the basis of telling me I did not owe for fraudulent activity. 

Midland Funding, LLC through their legal representation XXXX XXXX XXXX, XXXX after being told to cease and desist communication with me, as well as stop communication with my employer over collection, has used various unethical methods to track my employment via XXXX credit report, as well as XXXX XXXX XXXX XXXX file. I believe they have also used XXXX location app software to track my daily driving activity, which would show my work location. I have since blocked my XXXX files from disclosure, and shut off all XXXX location tracking information. 

Midland Funding, LLC via their legal representation XXXX XXXX XXXX has interfered with at least 3 jobs, by taking their I'll obtained XXXX XXXX court summary judgment, and going to Louisiana XXXX and XXXX judicial district courts and obtaining a Garnishment order. These Garnishment orders are presented in a fashion that it appears the summary judgment came from the District court, and not the XXXX XXXX court. XXXX XXXX XXXX XXXX XXXX, and their staff attorney XXXX XXXX XXXX presented these Garnishment notices to my employer, which caused my termination from these employers, because I was still under new hire 90 day probation when H.R. was served with these Garnishment notices. 

In XXXX Encore Capital/Midland Funding , LLC agreed to stop collection efforts and using unethical tactics in collecting these third party junk debt accounts. A agreement, that Encore Capital/Midland Funding , LLC did not live up to, so the CFPB had to file another lawsuit against Encore Capital/Midland Funding , LLC in XX/XX/XXXX for violating the terms of the XXXX consent order, which was settled in XX/XX/XXXX last year. This final judgment requires Encore and its subsidiaries to pay {$79000.00} in redress to consumers and a {$15.00} XXXX civil money penalty. 

What I want, is for the CFPB to advise Midland Funding, LLC to leave me alone, quit stalking my employment, and leave me alone. Everything mentioned in the CFPB lawsuit against Encore Capital/Midland Funding , LLC are unethical tactics used against me. I refuse to pay a Debt I don't owe.

Company response to consumer: Closed with non-monetary relief