Consumer complaint received 2023-04-11
Company: ENCORE CAPITAL GROUP INC.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
As I notice this account on my consumer credit report with MCM claiming to own an alleged account from associated XXXX XXXX XXXX. According to IRS any account that is claimed to be charged off has filed a 1099-C and is considered an CERTIFICATE OF INDEBTNESS ( INCOME ) and the consumer are to claim those credits as income on tax filings to be in compliance. Therefore, discharged accounts are income and can not be reported on consumer personal credit report. 
Since my first demand was ignored I the consumer have put on notice of this demand with the FTC and States AG. This complaint will also be included in my CFPB complaint. Consumer will file federal suit within 14 days of your receipt of this demand if demand isnt fully met. 
This is a 2nd demand to have Midland Credit Management removed my private information from their system immediately as well as my consumer CREDIT REPORT. As you are in violation of my privacy under the Privacy Act of 1974 and the California Consumer Privacy Act. I did not authorize MCM to buy or obtain in anyway my private information including alleged debt and use it against me. This is an abusive and deceptive act. MCM has obtain my personal private information and what your company believe to be my private account information to collect credits off of by claiming to be owner of an account under the consumer name without a legal contract. I have no agreement with MCM. 
I did not verbally nor did I provide written agreement of sharing my personal information with 3rd party, non-affiliate companies as I am opt-out of 3rd party and non-affiliate sharing of my information. I would like to know who authorized MCM to obtain personal and private information of mine without my consent? Please provide original security or any documents relating to an agreement between myself and MCM. Please provide documentary XX/XX/XXXX evidence of my authorizing of MCM to open an account in my name and infringe on my credit report. 
I ask that unless MCM can provide me the foregoing request, that you delete all my information. MCM is harassing me and failed to provide any documentary evidence of such alleged debt but instead has become in violation of not only FCRA and FDCPA but also the Rosenthal Act. 
As a XXXX XXXX under XXXX Consumer Privacy Act. I have the right to request deletion of personal information and opt out of sale of personal information. PLEASE PROCESS OPT OUT OF SELLING AND SHARING PERSONAL INFORMATION & DELETE PERSONAL INFORMATION. DELETE FROM PERSONAL CONSUMER CREDIT REPORT IMMEDIATELY. 
Per 15 USC 1681a consumer report can not have personal transaction history. This violation account on my consumer report has prevented me from equal and fair credit opportunities with damaging of the copyrighted name that MCM has opened an account under. I the consumer demand compensation for each month of violations of {$1000.00} per month until account is removed. I have enclosed an invoice.

Company response to consumer: Closed with non-monetary relief