Consumer complaint received 2022-08-04
Company: ENCORE CAPITAL GROUP INC.
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
MIDLAND CREDIT MANAGEMENT , INC., are indeed third-party debt collectors under the very definition of a third-party debt collector in accordance with 15 U.S. code 1692 ( A ) ( 6 ) and are subject to the civil liability within The Fair Debt Collection Practices Act. Lets be honest, if this debt was valid, you would not be sending me a collection letter assuming the debt was valid now, would you? Pursuant to 15 USC 1692c ( C ), MIDLAND CREDIT MANAGEMENT , INC., is hereby on notice to cease & desist communication and collection activity immediately or I will take legal action under the FDCPA 15 USC 1692k ( a ) ( 1 ) ( A ) {$1000.00} US and I only need to show one violation to establish a FDCPA claim. See Ayala v. Dial Adjustment Bureau , Inc., Civil No. N-86-315 ( EEB ) ( D.Conn. Dec. 4, 1986 ) ; Riveria v. MAB Collections , Inc., 682 F. Supp. 174, 175-76 ( W.D.N.Y.1988 MIDLAND CREDIT MANAGEMENT , INC. , gave no value to any security and have no attachment and enforceability of a secured interest in accordance with UCC 9 203 ( b ) ; MIDLAND CREDIT MANAGEMENT , INC. , have no original contract or promissory note ; you are no contract assignee holders in due course in accordance with UCC 3 302 . See Gearing v. Check Brokerage ; Corp Cacace v. Lucas, 775 F. Supp. 502, 505 ( D. Conn. 1990 ). FOR THE RECORD, Summary of accounts are not a valid claim to defame my character, if I am denied credit or employment based on third parties misleading representation and defaming negligence will be a cause of action. See United States XXXX XXXX XXXX, XXXX XXXX, Case No. XXXX, XXXX XXXX XXXX XXXX, XX/XX/XXXX. 







MIDLAND CREDIT MANAGEMENT , INC., have committed several federal violations against me, a private law abiding Federally Protected Consumer. 

Each violation is a statutory cost of {$1000.00} each, which does not include mv personal cost and fees which I determined for taking time to address these issues. Violations committed against me include but not limited to : Violated 15 USC 1692c ( a ) : Communication Without prior consent, expressed permission Violated 15 USC 1692c ( b ) ; Communication without prior consent, expressed permission Violated 15 USC 1692d ; Harass and oppressive use of XXXX about an alleged debt. 
Violated 15 USC 1692d ( 1 ) ; Attacking my reputation, accusing me of owing an alleged debt to you. 

Violated 15 USC 1692d ( 2 ) ; Use of obscene or profane language on my report ( saying I owe you a debt ) Violated 15 USC 1692e ; Using false, deceptive or misleading representations Violated 15 USC 1692e ( 2 ) ( A ) ; False representation of the character and amount of the alleged debt Violated 15 USC 1692e ( 2 ) ( B ) ; False representation of any service rendered or compensation Violated 15 USC 1692e ( 8 ) ; Communicating false information Violated 15 USC 1692e ( 9 ) ; Use/distribution of communication with authorization or approval Violated 15 USC 1692e ( 10 ) ; False Representation ( not a party to alleged debt by my consent ) Violated 15 USC 1692e ( 12 ) ; False representation/implication ( innocent purchasers for value ) Violated 15 USC 1692f ; Unfair Practices attempting to collect alleged debt. 
Violated 15 USC 1692f ( 1 ) ; Attempting to collect a debt unauthorized by an agreement between parties.

Violated 15 USC 1692g ( a ) ( 4 ) Certifiable Validation and Verification of alleged debt ( s ) Violated 15 USC 1692j ( a, b ) ; Furnishing certain deceptive forms. ( You are not a party in the alleged debt ) IDENTITY THEFT ; obtaining personal identification information without prior consent and creating an account in my name without my knowledge. Invasion of Individual and Family Privacy.

SOCIAL SECURITY FRAUD A Social Security Number ( SSN ) is used by employers and employees for the purpose of reporting individual employee earnings for tax purposes only. MIDLAND CREDIT MANAGEMENT , INC., DO NOT have my CONSENT to use my social security number for commercial gain acting as usufructuary of my services, you are committing fraud and Identity theft and I will contact the office of Inspector General SSA and file a report with the federal authorities. I demand they provide the following documents immediately if they continue to use the fiction name for their entitys personal commercial gain then ; Send a copy of their Commercial Bond and Oaths to do business in the State of CALIFORNIA ; provide name and address and phone number of the Underwriter of their bond ; provide name, address, and phone numbers of the owner ( s ) of MIDLAND CREDIT MANAGEMENT , INC. ; Provide name, address and phone number of their insurance company.

Furthermore, reporting false and misleading report to the three major credit bureaus and will constitute a violation of the FCRA Responsibilities of furnishers of information to consumer reporting agencies under 15 U.S. Code 1681s2 ( B ) ( i ) ( ii ) Reporting information after notice and confirmation of errors. Any more harassment from this company will be considered criminal extortion in accordance with 18 U.S. Code 875 ( d ) Extortion. Conduct yourselves accordingly

Company response to consumer: Closed with explanation