Consumer complaint received 2023-07-03
Company: ENCORE CAPITAL GROUP INC.
State: IA
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
I AM A FEDERALLY PROTECTED CONSUMER MY RIGHTS HAVE BEEN VIOLATED BY MIDLAND FUNDING ACCT XXXX XXXXXXXX. I HAVE FEDERAL CONSUMER RIGHTS ACCORDING TO THE FDCPA. I REJECTED AND I STILL REJECT MIDLAND FUNDING OFFER TO CONTRACT. I DID NOT NOR DO I CONSENT TO ANY NON-AFFILIATED THIRD PARTY ( MIDLAND FUNDING ) TO BE IN POSSESION OF MY Non-public Personal Information. THIS IS A BREECH OF PRIVACY OF THE GRAMM-LEECH-BLILEY ACT and the FEDERAL TRADE COMMISION THE ( FTC ) CONSIDERS MY NON PUBLIC PERSONAL INFORMATION VERY IMPORTANT TO PROTECT. I NEVER GAVE MY PERMISSION TO ( MIDLAND FUNDING ) USE OF ANY OF MY NON PUBLIC PERSONAL INFORMATION TO COMMIT FRAUD BY PUTTING THIS, ALLEDGED, AND VERY DAMAGING TO MY REPUTATION COLLECTION ON MY CONSUMER REPORT. I WAS DENIED A HOME LOAN EXTENSION OF CREDIT DUE TO THIS COLLECTION ON MY CONSUMER REPORT. THE FTC HAS A STRONG STANCE AGAINST FTC PARKING It means that debt collectors can't report your debt or your supposed debt to credit reporting agencies without first trying to check with you. That's a key takeaway from the FTC 's case against XXXX XXXX XXXX, XXXX. The FTC says XXXX used debt parking to collect fake or questionable debts SO 1. MIDLAND FUNDING THIS IS YOUR NOTICE TO DELETE THE COLLECTION FROM MY CONSUMER REPORTS. 2.THIS IS YOUR 2ND NOTICE to CEASE AND DESIST ALL illegal activity and ALL communications with me and the furnishing of this false credit information ON MY consumer report which IS considered communications and ILLEGAL activity. I AM NOT REQUESTING validation of any alleged debt as obtaining as Non Public Personal Information but without my lawful, legal authority THIS constitutes Aggravated Identity Theft 18 USC 1028A. By CONTINUING reporting this on my consumer report this alleged debt SOLD BY ( XXXX ) OF MY NON-PUBLIC PERSONAL INFORMATION TO YOUR THIRD PARTY DEBT COLLECTION COMPANY ( MIDLAND FUNDING ). I now have STRONG reason to believe that you BOTH ARE conspiring against me trying to EXTORT ME on a EXTENSION OF CREDIT through unlawful EXTORTIONATE MEANS. 18 USC 894 STATES a ) Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means ( 1 ) to collect or attempt to collect any extension of credit, or ( 2 ) to punish any person for the nonrepayment thereof, shall be fined under this title or imprisoned not more than 20 years, or both. There is NO TRILATERAL CONTRACT BETWEEN US ( MIDLAND FUNDING ) CASE LAW SPEARS V BRENNAN Court of Appeals of Indiana ESTABLISHES MY STANCE SO THERE IS NO LEGAL LAWFUL OBLIGATION FOR ME TO HAVE TO PAY ( MIDLAND FUNDING ) THERE IS NO CONTRACT NOR EVER WILL BE A CONTRACT BETWEEN US. THE FAIR DEBT COLLECTION PRATICES ACT ( F.D.C.P.A. ) AND THE FEDERAL TRADE COMMISION ( FTC ) WERE CREATED TO PROTECT FEDERAL CONSUMERS LIKE ME FROM 3RD PARTY DEBT COLLECTORS THAT VIOLATE, AND CAUSE DAMAGE TO THE CONSUMER LIKE YOU DID ME. FTC LAWS MAKES IT CLEAR MIDLAND FUNDING ARE IN VIOLATION OF THE FEDERAL TRADE COMMISION ACT WHICH STATES " Section 5 of the Federal Trade Commission Act ( FTC ACT ) ( 15 USC 45 ) prohibits ''unfair or deceptive acts or practices in or affecting commerce. BY MIDLAND FUNDING REPORTING THIS ALLEDGED DEBT ON MY CONSUMER REPORT I WAS DENIED PROHIBITTED FROM A EXTENSION OF CREDIT FOR HAVING THIS " MIDLAND FUNDING '' ON MY CONSUMER REPORT YOU HAVE CAUSED ME DAMAGE EMOTIONALLY BY BEING DENIED. NOW DUE TO THIS FALSE CLAIM MIDLAND FUNDING YOU ARE RESPONSIBLE AND YOU HAVE PROHIBITTING ME FROM OPERATING IN COMMERCE WHICH IS MY FEDERAL RIGHT ESTABLISHED BY US CONGRESS. AND YOU ARE NOW IN VIOLATION OF THE FEDERAL TRADE COMMISION ACT ( F.T.C ACT ). WITH THE FDCPA LAWS I DEMAND ALL MY FEDERAL RIGHTS BE PROTECTED,, AND FEDERALLY ENFORCED UNDER 15 USC 1692e ( 8 ) is a violation under the FDCPA allows ME to sue debt collectors for false credit reporting. This part of the law tells debt collectors not to falsely report, or report something that they should know is false. AND UNDER THE FAIR DEBT COLLECTIONS PRATICES ACT ( FDCPA ) YOU ARE IN VIOLATION OF 15 U.S.C. 1692d A debt collector in collecting a debt, may not harass, oppress, or abuse any person. For example, 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. BY MIDLAND FUNDING " FURNISHING THIS FALSE ALLEDGED DEBT ON MY CONSUMER REPORT YOU HAVE DAMAGED MY CONSUMER REPUTATION. I WAS DENIED A HOME LOAN. AN EXTENSION OF CREDIT AGAIN WE HAVE NO CONTRACT. I HAVE NEVER HAD ANY BUSINESS DEALINGS WITH MIDLAND FUNDING NOR DO I DESIRE TO. IMMEDIATELY DELETE THE ALLEDGED DEBT FROM MY CONSUMER REPORT. AND BE ADVISED UNDER 15 USC 1692K I AM ENTITLED TO CIVIL DAMAGES {$1000.00} PER VIOLATION FINDINGS. AND I AM NOW POINTING OUT I FOUND FDCPA VIOLATIONS. I DEMAND MY DUE CIVIL DAMAGES BASED ON 15 USC 1692K CIVIL LIABILITY. I DEMAND TO BE MAILED MY {$2000.00} DAMAGES FOR VIOLATIONS OF THE FDCPA IN A CERTIFIED CHECK TO MY MAILING ADDRESS XXXX XXXX XXXX XXXX XXXX, IA XXXX. MIDLAND FUNDING DELETE THIS ALLEDGED COLLECTION FROM OFF ALL MY CONSUMER REPORTS IMMEDIATELY. MY FEDERAL CONSUMER PROTECTION RIGHTS ARE ESTABLISHED BY THE F.D.C.P.A, FCRA, FTC, CFPB. FEDERAL LAW HAS GUIDELINES THAT ALL THIRD PARTY DEBT COLLECTORS ( MIDLAND FUNDING ) MUST COMPLY WITH. DELETE THIS COLLECTION NOW. AND MAIL ME MY CIVIL DAMAGES I AM ENTITLED TOO IN A CERTIFIED CHECK WHICH I AM DUE IMMEDIATELY UNDER THE FDCPA FOR MIDLAND FUNDING VIOLATING MY RIGHTS UNDER THE FDCPA. I AM ASKING FOR THE CFPB TO REGULATE OVER THIS CASE.

Company response to consumer: Closed with explanation