Consumer complaint received 2022-01-06
Company: ENCORE CAPITAL GROUP INC.
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
15 USC 1692 ( a ) states There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. 

XXXX XXXX XXXX has performed an adverse action to me the federally protected consumer by closing my open-ended credit account which was allegedly opened on XX/XX/2014, for an alleged debt in the amount of {$1700.00}. XXXX XXXX XXXX a.k.a XXXX XXXX XXXX, XXXX charged off the account and then sold it to Midland Credit Management. I was never given the right to arbitrate with XXXX XXXX XXXX and dispute the validity of this debt. I have reason to believe that XXXX XXXX XXXX is in breach of its own contract by not following through with the BINDING Arbitration Clause that was in place prior to Midland Credit Management acquisition of the alleged debt, which such company is attempting to sue me for the alleged debt in the amount of {$1700.00}. I have reason to believe there is a billing error, which I require documentary evidence that I owe such debt to the creditor XXXX XXXX XXXX pursuant to 12 CFR Part 1026.13 ( Regulation Z ), I gave XXXX XXXX XXXX a negotiable instrument to originate this account. 

XXXX XXXX XXXX Arbitration Clause states : This agreement to arbitrate provides that you or we can require controversies or disputes between us to be resolved by BINDING ARBITRATION. You have the right to REJECT this agreement to arbitrate by using the procedure explained below. 

If you do not reject this agreement to arbitrate, you GIVE UP YOUR RIGHT TO GO TO COURT and controversies or disputes between us will be resolved by a NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, using rules that are simpler and more limited than in a court. Arbitrator decisions are subject to VERY LIMITED REVIEW BY A COURT. Arbitration will proceed INDIVIDUALLY CLASS ACTIONS AND SIMILAR PROCEDURES WILL NOT BE AVAILABLE TO YOU. 

Agreement to Arbitrate : You and we agree that either you or we may, without the others consent, require that controversies or disputes between you and us ( all of which are called Claims ), be submitted to mandatory, binding arbitration. This agreement to arbitrate is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act ( the FAA ), 9 U.S.C. 1 et seq., and ( to the extent State law is applicable ), the laws of the State of Nevada. 

For purposes of this agreement to arbitrate, you includes you, any co-applicant, any Authorized User ( including Additional Cardholders ), or anyone else connected with you or claiming through you ; and we or us includes XXXX XXXX XXXX, XXXX, all of its parents, subsidiaries, affiliates, successors, predecessors, employees, and related persons or entities, and all third parties who are regarded as agents or representatives of us in connection with the subject matter of the claim or dispute at issue. 

In the attachment, you will see that Midland Credit Management has created a deceptive form to create a false belief that I owe such debt. Pursuant to 15 USC 1692J ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 

Pursuant to 15 USC 1692c ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after XXXX XXXXk antemeridian and before XXXX XXXX postmeridian, local time at the consumer 's location ; ( 2 ) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney 's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or ( 3 ) at the consumer 's place of employment if the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communication. 

( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. 

I never gave Midland Credit Management, nor their attorneys XXXX, XXXX, XXXX XXXX XXXX, XXXX the consent to contact me about such alleged debt.

Company response to consumer: Closed with explanation