Consumer complaint received 2018-08-21
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:
The Fair Debt Collection Practices Act ( FDCPA ) makes it illegal for debt collectors to use abusive, unfair, or deceptive practices when they collect debts. Midland has harassed, intimidated, used abusive practices, coerced, bullied, browbeat, oppressed, made false statements, took unfair action, and threatened me. Specifically, Midland has participated in several violations of the FDCPA : 1. Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. 

Odd calls started shortly after Midland became involved in my life ( in XX/XX/XXXX ) and were extremely harassing, constant, and pushy which is why I registered with Do Not Call but they didn't stop. I placed myself on the Do Not Call list and made written and verbal notice to cease communications that was disregarded by Midland. 

2. Placement of telephone calls without meaningful disclosure of the caller 's identity. 
Thereafter, I started getting " financial aid '' calls that wanted my financial information ( I verified with my real loan servicer that this was NOT them calling ), as well as a call that was for a vacation " winning '' where they said I only had to pay the tax via my bank or credit card information for a vacation I won. When I said I didn't have an extra {$100.00} for tax, I was hung up on. 

3. The threat to take any action that can not legally be taken or that is not intended to be taken. 

Multiple times in XX/XX/XXXX I was threatened in writing that I was going to be sued by Midland. No court action has ever been initiated at any time. 

4. The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. 

5. The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization. 

I also started receiving illegal robo calls all day long, several times a day to say that my financial aid servicer was being sued and that wanted my financial information to qualify for their student loan program. The recorded call said to put in my FAFSA ID ( which isnt possible since FAFSA IDs are  non-numerical ) or push " 5 '' to get help. I pushed 5 to see what would happen after several of these calls. I was transferred to a call center. The company answered the phone, " student loan help '' with no company name. There is no company name or phone number ever given and the number that calls appears to be local, but alternates with different local caller id phone numbers that can't be called back. 

These types of calls appear to be directly related to same reports of other consumers that can be found on numerous complaint sites regarding Midland. 

I consistently reported many of these robo calls and the numbers to the Do Not Call complaint line and also verified the calls were fraudulent with my loan servicer. My loan servicer does not call and I already qualified for an income driven repayment plan of $ XXXX/mo. for the next year. 

6. A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. 

7. A debt collector can not use bad faith for the purpose of harassment.

Midland has newly created invalid amounts of original debt, as relayed to credit agencies. Most recently ( XX/XX/XXXX ), Midland reported on my credit report the original amount of debt to be {$690000.00} ( for a credit card ). This also violates the Fair Credit Reporting Act which requires accurate, timely and verifiable information on credit reports. 

Midland buys debt for {$.00} - {$.00} per {$1.00} and operates under continually changing company names and affiliates, as well as a parent company Encore, that are often sued by governments and individuals. 

XXXX turned up this information about Midlands criminal enterprise : The Consumer Financial Protection Bureau awarded Midland victims money : XXXX XXXX XXXX/ FTC Files Amicus Brief in U.S. District Court : XXXX : XXXX Massive complaints on Consumer Affairs where Midland is unaccredited ( very illegal going ons ) : XXXX : XXXX Midland sets up a Fake XXXX Account and gives itself a rating of A+ although multiple complaints and 1 star ratings are listed : XXXX XXXX XXXX State of Arizona Fines Midland Funding  {$750000.00} for Unlawful Collection Practices : XXXX XXXX XXXX-XXXX-fined-by-arizona/ XXXX XXXX   And its Attorneys Sanctioned By Court For Frivolous Debt Collection Lawsuit : XXXX XXXX XXXX  A Care2 Petition to shut down Midland : XXXX : XXXX Midland sued for robo signing false court documents in Minnesota : XXXX XXXX XXXX and XXXX XXXX XXXX Illegally collected debts without a license in Massachusetts : XXXX : XXXX Violating NY usury laws : XXXX XXXX XXXX Violating state debt collection practices : XXXX XXXX XXXX  Law firm summaries of cases won against Midland : XXXX XXXX XXXX A class action against Midland in Tennessee - XXXX XXXX XXXX Federal Class Action against Midland in Maryland - judge dismisses more than 10,000 Midland debt collection cases against consumers : XXXX XXXX XXXX Just to name a few Midlands violations have been frequent, persistent, and intentional noncompliance with the FDCPA. Its actions have been illegal, harassing, and ongoing. Midland has massive resources for a debt collector and a large number of persons have been adversely affected by Midland which also is important in awards in civil cases against debt collectors. 

Ive already made reports about Midland to multiple parties and a credit restoration company has been involved for the last 6 months to no avail. 

I demanded Midland produce : the original agreement, including the terms and conditions under which the original lender agreed to extend credit ; copies of statements showing how the debt was incurred including the dates of transactions ; a complete accounting that shows how interest and other charges have been calculated and payments apportioned ; and the terms and conditions of the sale of this account They have not yet done so.

Company response to consumer: Closed with explanation