Consumer complaint received 2023-01-01
Company: ENCORE CAPITAL GROUP INC.
State: LA
Product: Debt collection
Sub-product: Credit card debt
Issue: Communication tactics
Sub-issue: You told them to stop contacting you, but they keep trying

Complaint:
This serves as a disclaimer that the following information is provided from the Securities & Exchanged Report for ENCORE CAPITAL GROUP , INC. 
You indicated, in your securities report that you adhere to the following : Written communications pursuant to Rule 425 under the Securities Act ( 17 CFR 230.425 ) Soliciting material pursuant to Rule 14a-12 under the Exchange Act ( 17 CFR 240.14a-12 Pre-commencement communications pursuant to Rule 14d-2 ( b ) under the Exchange Act ( 17 CFR 240.14d-2 ( b ) ) Pre-commencement communications pursuant to Rule 13e-4 ( c ) under the Exchange Act ( 17 CFR 240.13e-4 ( c ) ) Also, stated in your securities report is CFPB can conduct hearings, adjudication proceedings, and investigations, either unilaterally or jointly with other state and federal regulators, to determine if federal consumer financial law has been violated. The CFPB has authority to impose monetary penalties for violations of applicable federal consumer financial laws ( including the CFPA, FDCPA, and FCRA, among other consumer protection statutes ), require remediation of practices, and pursue enforcement actions. The CFPB also has authority to obtain cease and desist orders ( which can include orders for restitution or rescission of contracts, as well as other kinds of affirmative relief ), costs, and monetary penalties ranging from {$5000.00} per day for ordinary violations of federal consumer financial laws to {$25000.00} per day for reckless violations and {$1.00} million per day for knowing violations. Your company is in violation of several laws which includes but not limited to : SECURITES FRAUD, FTC ( FRAUD ) FDCPA, and CFPA laws. 

On XX/XX/XXXX, a complaint was filed against XXXX XXXX XXXXXXXX requesting to OPT OUT of any and all authorizations to the reporting of my nonpublic personal information to anyone without my permission written or otherwise and any further sharing of my personal information would be in violation of my rights under the Privacy Act of 1974. Your company has not provided me with the companys OPT OUT, PRIVACY POLICY and PRACTICES regarding sharing of my nonpublic personal information with third parties. You indicated in your SECURITIES REPORT that the CFPB has issued guidance in the form of bulletins on debt collection and credit furnishing activities generally, including one that specifically addresses representations regarding credit reports and credit scores during the debt collection process, another that focuses on the application of the CFPAs prohibition of unfair, deceptive, or abusive acts or practices on debt collection and another that discusses the risks that in-person collection of consumer debt may create in violating the FDPCA and CFPA and that your activities are also subject to federal and state laws concerning identity theft, data privacy, and cybersecurity. The Gramm-Leach-Bliley Act and its implementing regulations require us generally to protect the confidentiality of our consumers nonpublic personal information and to disclose to our consumers our privacy policy and practices, including those regarding sharing consumers nonpublic personal information with third parties XXXX XXXX XXXXXXXX indicated on their website how they collect consumer information. They indicated, " they receive consumers information on applications and other forms ( i.e., name, address, SS, telephone number, and other relevant information ). What application or other form did I give you? I do not have a legal signed contract with your company. Your Privacy Policy makes to believe that you have a legal right to collect on this alleged debt as if I have a legal contract with you and I do not. You go on to state information you receive about my account transactions with you, your affiliates, or others including the original creditor. This may include information such as : account balance payment history and account activity. Again, what account do I have with you? 15 U.S.C. 1692e, prohibits Debt collectors from using any false, deceptive, or misleading representation or means in connection with the collection of any Debt. Section 807 ( 2 ) ( A ) of the FDCPA, 15 U.S.C. 1692e ( 2 ) ( A ) specifically prohibits the false representations of the character, amount, or legal status of any Debt. Section 807 ( 10 ) of the FDCPA, 15 U.S.C. 1692e ( 10 ), prohibits using false representations or deceptive means to collect or attempt to collect any Debt or to obtain information concerning a Consumer. You, XXXX XXXX XXXX are a " debt collector '' within the meaning of the FDCPA, 15 U.S.C. 1692a ( 6 ). 

Also, included in the claim was a dispute on the VALIDITY of your right to collect on the ALLEDGED debt. I am not requesting a copy of the information that is in the SELLERs data file purchased by your company, I requested a copy of the Consumer -Level documentation of the alleged debt with wet signatures and if the alleged debt was purchased, proof of the chain title of the alleged debt ( i.e., from the original creditor to the current without a break in the chain, as well as, proof that you are legally licensed to collect debt in the state of LOUISIANA XXXX where I currently live. I also requested a CEAST and DESIST that all future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. As you can clearly see, this request has not been adhered to and you are in violation of the Telephone Consumer Protection Act ( TCPA ) 47 CFR 64.1200 ( 9 ) iii a-g., in which you clearly state in you SEC FORM 10-K that directly or indirectly apply to your business. On XX/XX/XXXX, the CFPB issued final rules in the form of a new Regulation F to implement the Fair Debt Collection Practices Act, which rules restate and clarify prohibitions on harassment and abuse, false or misleading representations, and unfair practices by debt collectors when collecting consumer debt. The rules included provisions related to, among other things, the use of newer technologies ( text, voicemail and email ) to communicate with consumers and limits relating to telephonic communications. 

Your securities report also indicates your collection approach ( XXXX XXXX XXXX ( United States ) ) that you maintain domestic collection call centers in XXXX, Arizona XXXX XXXX. XXXX, Minnesota, XXXX, Michigan, and XXXX, Virginia and international call centers in XXXX, XXXX and XXXX XXXX, XXXX XXXX AND that you continuously educate account managers to understand and apply applicable laws and policies that are relevant in the account managers daily collection activities. Our ongoing training and monitoring efforts help ensure compliance with applicable laws and policies by account managers In connection with collecting or attempting to collect Debt, XXXX XXXX XXXXXXXX has made an excessive number of telephone calls and the calls were at times the company knew or should have known were inconvenient, and after receiving written notification to only communicate in writing. These continuous and inconvenient calls caused me to suffer emotional distress which constituted in unfair acts or practices in violation of Sections 1031 ( a ) and 1036 ( a ) of the CFPA, 12 U.S.C. 5531 ( a ) and 5536 ( a ) as well as, 15 U.S.C. 1692d ( 5 ), which specifically prohibits Debt collectors from 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.

I am requesting that ALL RECISSION OF DEBT COLLECTIONS CONTRACTS be removed immediately from my consumer file and MONETARY RESTITUTION for the multiple violations your company has taken against me by excessively calling after I explicitly stated contact should be in the form of a written notice. Please be advised, you have 4 days according to LAW to remove such items. Failure to do will result in filing a FEDERAL case against your company. Your company is liable under SEC to follow certain rules and I suggest you abide to the LAWS your company said you would adhere to. 

CC : Securities & Exchange Commission Federal Trade Commission Governor of State of Louisiana CFPB Encore Capital Group Commission file number : XXXX : Encore Capital Group-XXXX XXXXXXXX XXXX XXXX  XXXX, XXXX XXXX XXXX XXXX, CA XXXX XXXX /s/ XXXX XXXXSenior Vice President, General Counsel /s/ XXXX XXXX, Executive Vice President, Chief Financial Officer and Treasurer /s/ XXXX XXXX, President, Chief Executive Officer XXXX, XXXX, XXXX Branch XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX /s/ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX ; /s/ XXXX XXXX /s/ XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX /s/ XXXX XXXX

Company response to consumer: Closed with explanation