Consumer complaint received 2021-04-05
Company: ENCORE CAPITAL GROUP INC.
State: FL
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Legal Department, I am a victim of identity-theft. I am writing to request that you block all the following fraudulent accounts in my files with XXXX, XXXX, and XXXX. This information does not relate to any transactions I made. I did not authorize anyone to use my personal information. I hereby exercise my legal rights enacted by Congress and The Federal Trade Commission, which explicitly states when a victim files an affidavit it shall be honored by all credit bureaus and all fraudulent information must be blocked within 4 days and proper notification shall be given to all furnishers pursuant to section 605b of The Federal Fair Credit Reporting Act. 

Failure to comply shall lead to complaints being filed with The XXXX XXXX XXXX, Consumer Financial Protection Bureau, and Attorney General with legal action of your companys unlawful collection practices, misrepresentation of reporting inaccurate debts, and noncompliance to adhere to laws enacted to help who are victims of identity-theft. I request that an extend fraud alert be placed in my file explaining that fraudulent applications may be submitted in my name. Do not extend credit without first contacting me personally and verifying all applications. 

Furthermore, as victim of identity-theft I received notification that my personal information was compromise in the several different data breaches. It has made it difficult to resolve this matter in a timely fashion. I have made several attempts to resolve this. If action is not taken to properly assist me with this matter within 15 days. 

I shall file a class action lawsuit for violating the FCRA and FDCPA violations are as follows not limited to reporting inaccurate information, reporting information that resulted from crime ( s ) and/or crime ( s ) of identity-theft, unlawfully collections of debt, calling after designated hours by law, defamation of character, and misrepresentation of true credit worthiness. I ask that all fraudulent information listed below be removed without question. I have fraudulent accounts, employers, misspellings of my name, and address that are associated with crimes that were committed against me. 

Once deleting all fraudulent information, you acknowledge that it is indeed fraudulent and resulted from crimes of identity-theft. By doing so you adhere to the FCRA that make it unlawful of any, some, or all information to be transferred, sold to another collection agency or reinserted one 's credit report once it is deemed as fraudulent. You also understand in order to reinsert information to a consumers credit report notification must be given 5 days prior to reinsertion. Failure to comply will also be a violation of the Federal Fair Credit Reporting Act and Fair Debt Collection Practice. 

The below-listed accounts by the Original Creditors, who have reported these accounts within my credit reports, were not opened by me. I also did not give my authorization for anyone else to open these accounts. Someone else of who did these that I did not know. 


Policy states. 

According to the Fair Credit Reporting Act FCRA 611 ( 15 U.S.C 1681 ), Procedure In Case of Disputed Accuracy.

( a ) Reinvestigation ( 1 ) Reinvestigation ( a ) In general. Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of a such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. 

Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit-reporting agency, are reporting incorrect accounts. 

Finally, you are reporting the INQUIRIES that are the result of the same type of fraudulent activities. It must be noted that I did not apply for credit accounts with the below-listed companies and creditors, some of these are the result of attempts to open accounts, but the companies did not approve the accounts. 

Therefore, these inquiries must be deleted from within my credit file. You can not delete the fraudulently opened accounts without also deleting the fraudulent inquiries. 

It should be noted that an inquiry that was not made by me is not a factual record, just as a fraudulently opened account is not a factual record and not referred to the creditor to be disputed directly with them. The credit reporting agencies have attempted to address an inquiry as a factual record of file access, but if it was done through fraudulent means, it is not a factual record. As a consumer I should not be required to dispute each fraudulent inquiry directly with each company. These inquiries are the result of fraudulent activity and therefore, inaccurate in which the credit reporting agencies or the creditors can not verify, meaning that these inquiries are unverifiable information and must be deleted from out go my credit files. 


1. MIDLAND FUNDING LLC bal. {$330.00} I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is this in mind that I request that these listed accounts and items be Blocked and Deleted. 

According to the Fair Credit Reporting Act FCRA, Section 1681c ( 2 ) Block of information resulting from identity-theft. 

1.Block. Except as otherwise provided in this section, a consumer reporting shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity-theft, not later than four ( 4 ) business days after the date receipt by such agency of 1. Appropriate proof of identity of the consumer ; 2. A copy of an identity theft report 3. The identification of such information by the consumer ; and 4. A statement by the consumer that the information relating to the transaction by the consumer.

I have provided all of the above listed four ( 4 ) items within this package. Therefore, I expect these listed accounts to be deleted and blocked within ( 4 ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted. 


Enclosures : Identity Theft Report Proof of Identity Copy of Account Statement showing Fraudulent Items FTC Notice to Furnishers

Company response to consumer: Closed with explanation