Consumer complaint received 2022-12-15
Company: ENCORE CAPITAL GROUP INC.
State: LA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
Per 15 USC 6805 and FCRA and as a federally protected consumer, I am opting out of any and all authorizations reporting of my personal data to anyone without my prior written consent. Any further sharing of my personal data will be in violation of my rights under the Privacy Act of 1974 and copyright protection. My right to have a fair and equitable consumer report has been and continues to be violated by XXXXXXXX MIDLAND CREDIT MANAGEMENT and XXXX XXXX. 
In addition to the above complaint, per 15 U.S CODE 1681 ( b ) PERMISSIBLE PURPOSE OF CONSUMER CREDIT, I did not give permission to report on my consumer credit. XXXX & the listed creditors and alleged debt collectors is in violation of the law. Under 15 U.S code 1681- Permissible purposes of consumer reports. a ) 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 written instructions of the consumer to whom it may relates. I did not give any written instructions to furnish my transaction history on my consumer report and furthermore the FCRA 15 U.S. Code 1681a - definitions ; rules of construction SO EXCLUSION from a CONSUMER REPORT containing information solely as to transactions or experiences between the consumer and the person making the report. 
Credit reporting agencies such as XXXX are defined by the Graham Leach Bliley Act as financial institutions subject to its rule making authority pursuant 15 USC 6804. XXXX  is not upholding its role pursuant 15 USC 1681. You ( XXXX ) are not upholding your grave responsibilities with fairness, impartiality, and respect for my right to privacy in the vital role you assumed in collecting, storing, assembling, and sharing an accurate and equitable consumer credit profile on my behalf. This is MY consumer credit profile and reporting inaccurate information is a discriminatory practice and is prohibited pursuant per the Equal Credit Opportunity Act.

Your failure in responsibilities includes but not limited to, a violation pursuant 15 USC 1681a ( 2 ) ( a ) ( I ) - XXXX continues to furnish reports containing my transactions histories, debt utilization, payment history, inquires, and credit card balances are a few examples of transactions and experiences. A violation pursuant 15 USC 1681c ( a ) ( 5 ) - any adverse information shall be excluded from the consumer report. You are subject to civil liability pursuant 15 USC 1681n, 15 USC 1681o and a violation of 15 USC 1692c- you are acting in capacity of a debt collector when you communicate/ advertise my transaction history. You ( XXXX and XXXX XXXX ) are in violation of Family Educational Rights and Privacy Act ( FERPA ) ( 20 U.S.C. 1232g ; 34 CFR Part 99 ). This Federal law protects the privacy of my student education records. I signed a privacy form, which indicated that my student loan servicer would provide my transaction history to any 3rd party company, therefore these must be deleted.

My consumer report is a form of communication and advertising my transaction history is an attempt to coerce payment of the alleged debt. The provisions of 15 USC 6801 ( a ) this requires financial institutions to notify consumers of their information sharing practices and provide a right to opt out of certain sharing. I never received an opportunity to opt out of notice from XXXXXXXX MIDLAND CREDIT MANAGEMENT and XXXX XXXX. As a violation of 15 USC 6802- you ( XXXX XXXX MIDLAND CREDIT MANAGEMENT XXXX XXXX XXXXXXXX ) communicated my nonpublic personal information to unaffiliated 3rd parties without my consent and without giving me the opportunity to direct such information not be disclosed. All of the information contained in my consumer report is nonpublic personal information unless I give you permission. 
You ( XXXXXXXX MIDLAND CREDIT MANAGEMENT and XXXX XXXX ) are also in violation of 18 U.S.C 894 for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt not owed. I DID NOT AND DO NOT CONSENT to you ( XXXXXXXX MIDLAND CREDIT MANAGEMENT and XXXX XXXX  ) furnishing this information to my consumer report. I did not give you authorization or permission to have my personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. Per 15 U.S CODE 1681 ( b ) PERMISSIBLE PURPOSE OF CONSUMER CREDIT regarding inquiries, if the accounts are not open on my credit report all inquiries will have to be removed ; please provide documentation that you used to verify that the inquires ( i.e. promotional or otherwise ) are open accounts with the creditor. Please be advised that I dispute the validity of the listed alleged debt in its entirety. I request a copy of a contract or agreement signed by the alleged original creditor and all parties to any such contract provided. Be advised that a billing statement, notice or any unsigned document is not verification of the alleged debt. You are on notice that you are unlawfully attempting to collect the listed alleged debt. If you opt to provide verification, also provide me with proof of the chain of title ownership of the debt. Also, if the alleged debt was acquired by a debt buyer, you would also need to provide proof of the chain title of the alleged debt, and this must be from the original creditor to the current alleged without a break in chain.

This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data. Failure to remove these debt collection accounts and update transactional history as PAID AS AGREED/ON-TIME on these accounts within 4 days from my consumer report as requested will result in legal matters being taken upon you. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose. During this time collection activity must cease and desist. If any adverse action that is taken during this validation period that negatively impacts my Credit Report, including any potentially inaccurate information, I will instruct my legal consul to take relevant action against the guilty parties. You must immediately remove the collections you fraudulently placed on my credit reports until such a time as the debt is proven valid. If I personally do not receive any response from you for VALIDATION of this account within 4 days, all references and claims to this account must be deleted from your files. Adverse actions taken against me denying my rights, of which the civil damages pursuant to 15 USC 1611 ( 1 ) are up to { { { {$5000.00} } } } per violation, civil damages for 15 USC 1692 ( j ) are up to { { { {$1000.00} } } } .per violation NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT SILENCE IS ACQUIESCENCE.

Company response to consumer: Closed with non-monetary relief