Consumer complaint received 2022-08-13
Company: ENCORE CAPITAL GROUP INC.
State: MS
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
In XXXX I received a letter saying that midland credit was suing me on behalf of XXXX XXXX. I was not aware that if I accepted out of court I would receive a judgement on my name. Once settled I agreed to pay {$50.00} a month until the balance was {$0.00}. I wasnt able to keep up with payments due to midland changing the website that I originally started using to pay. In XX/XX/XXXX they garnished XXXX out of my paycheck and in XX/XX/XXXX they garnished the remaining XXXX. It is now XXXX and the company refuses to take this off my credit report. Every time I dispute with them they keep saying my debt is valid when indeed it is not. The fact that they keep falsely reporting on my credit report is not only hurtful but a violation of my privacy as I never consented for my information to being shared and publicized CFPB complaint In accordance with the Fair Credit Reporting act XXXX  XXXXXXXX XXXXXXXX XXXX Account #. has violated my rights. 

15 U.S.C 1681 section 602 A. States I have the right to privacy.

15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions FCRA permits an individual to recover money damages if they can prove they were harmed by false credit reporting. The categories of damages include statutory damages, actual damages and punitive damages. 15 USC 1681n and o. 

Actual damages include damages for personal humiliation, embarrassment, mental anguish and emotional distressIt includes all highly unpleasant mental reactions such as fright or grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, worry and nausea. McCollough v. Johnson, Rodenburg & Lauinger, LLC, 637 F.3d 939, 957 ( 9th Cir. XXXX ) ; see also Cushman v. Trans Union Corp., 115 F.3d 220, 225-27 ( 3d Cir. XXXX ) ( actual damages may be emotional in nature ) ; and Guimond v. Trans Union, 45 F.3d 1329, 1333 ( 9th Cir. XXXX ) .Other categories include loss of credit opportunity. Cortez v. Trans Union , LLC, 617 F.3d 688, 719-20 ( 3d Cir. XXXX ). Plaintiffs can recover damages for credit defamation. Dalton v. Capital Assoc., 257 F.3d 409, 418-19 ( 4th Cir. XXXX ). Economic or financial loss is also recoverable. Guimond v. Trans Union, 45 F.3d 1329, 1333 ( 9th Cir. XXXX ). 

Recently published cases show that courts are willing to assess damages to fully compensate victims of false credit reporting. In Bach v. First Union Nat'l Bank, 486 F.3d 150 ( 6th Cir. XXXX ), the court upheld a jury award of {$400000.00} for compensatory damages in a case that involved attempts to resolve reporting inaccuracies and repeated denials of credit. In Brim v. Midland Credit Management, 795 F.Supp.2d 1255 ( N.D. AlaXXXX XXXX ) the court upheld awards of {$100000.00} in compensatory damages and {$620000.00} in punitive damages for a case involving wrongful credit reporting by a collection agency. Similarly, in the case of Sloane v. Equifax Information Services, 510 F.3d 495 ( 4th Cir. XXXX ) the Fourth Circuit approved an award of emotional distress damages of {$150000.00} for credit reporting violations.

Company response to consumer: Closed with non-monetary relief