Consumer complaint received 2022-11-30
Company: ENCORE CAPITAL GROUP INC.
State: PA
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:
Notice to Cease and Desist To Whom it May Concern ; This is in reference to the Consumer Report sent by MIDLAND CREDIT MANAGEMENT INC. While checking my credit report, it came to my notice that MIDLAND CREDIT MANAGEMENT INC has furnished an account ACCOUNT # XXXX on my Consumer Reports. 

According to 15 USC 1692a ( 2 ), the term Communication means the conveying of information regarding a debt directly or indirectly to any person through any medium.

As per the literal interpretation Any medium includes any oral, written, electronic, or other medium, which includes nonaffiliated third parties the three major CRAs XXXX, XXXX, and XXXX. Therefore, furnishing of the Consumer Report ( bearing information regarding the alleged debt ) by COMPANY NAME will amount to Communication.

I demand you Cease and Desist from disclosing my nonpublic personal information to all nonaffiliated third parties, which includes XXXX, XXXX, and XXXX. 
The provisions of 15 USC 6801 ( a ) state It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.

Please be advised that I have not given your company consent to share my nonpublic personal information and if theres a nondisclosure clause in your contract/agreement giving you that option to share my nonpublic personal information. I ask that you show me in the same contract/agreement where I can opt out of your sharing of my nonpublic personal information.

15 USC 6802 ( B ) clearing states that A financial institution may not disclose nonpublic personal information to a nonaffiliated third party.

15 USC 6802 ( B ) 1b the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party 15 USC 6802 ( B ) 1c the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

In the above-mentioned Consumer Credit Transaction , without giving me the opportunity to opt out, your institution furnished my nonpublic personal information to nonaffiliated third parties ( i.e XXXX, XXXX, and XXXX ). With that said, your company has not only infringed my right to privacy but also violated multiple Federal Laws. 
Pursuant to my rights as per 15 USC 1692c ( c ), I am hereby providing you formal notice to cease any further communications regarding this account ACCOUNT # XXXX immediately. This includes but is not limited to telephone calls, emails, social media, or any Consumer Reporting Agency. 

Any further contact by your Agent or COMPANY NAME, except a communication, confirming your acknowledgment of this letter, is in violation of my Federally Protected Consumer Rights. 

If you do not cease communication I will escalate the matter to a Federal Complaint.

Company response to consumer: Closed with non-monetary relief