Consumer complaint received 2023-02-22
Company: ENCORE CAPITAL GROUP INC.
State: OH
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:
MIDLANDCRE Collection with account # XXXX opened on XX/XX/2021 and a balance of {$3500.00}. 
As the original creditor only, I can validate this debt. I do not validate this debt. Therefore, the following accounts must be deleted from my report. Failure to respond satisfactorily with deletion of the above-referenced account and send out a free copy of my report after the changes have been made will result in legal actions being taken against your company, for which I will also be seeking {$1000.00} per violation for : 1. Defamation of Character ( per se ) 2.

Negligent Enablement of Identity Fraud 3. Fair Debt Collections Practices Act 15 U.S.C. 1692g violations 4. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616.

Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] The subsections you violated are as follows. 15 USC 1681 ( a ) 1, ( a ) 2, ( a ) 3, ( a ) 4, ( b ) 2.

Your company said that you did an investigation on this account, and it was verified. As a consumer, I exercise my rights under 15 U.S.C. 1681i ( a ). I'm requesting your method of investigation and verification. I'm granting you 15 days to respond to my request. I also exercise my rights under 15 USC 1681 ( a ) e. I want to know who you spoke with regarding this matter and what communication method you used. And, what company did you talk with, and what are the employee 's name and the number who furnished this information? Also, What's the neighbor 's name, friend 's name, associate 's name, and acquaintances did you speak with? Was all the information factual?

Please be advised that this is my FINAL WARNING that I fully intend to pursue litigation under the FCRA to enforce my rights and seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 regarding your continued willful and negligent noncompliance. Despite my previous two written requests, the unverified items listed below remain on my credit report in violation of Federal Law. You stated in your responses to my dispute letters that you verified that the items listed below are accurate, but you failed to send me copies of the documents you used to verify these accounts as per my request. You have ignored my request to send me copies of the documents you used to verify the disputed accounts is evidence that you can't and did not verify any of the disputed accounts like you said you did. Your failure to delete the disputed accounts that you can't verify after written requests is also evidence of your willful disregard for Federal Law.

When we go to litigation, and through the discovery process, you will be required to produce these documents along with an affidavit swearing under oath that these are the proper and correct documents you used to verify the disputed accounts. The fact that you don't have any of the said documents in your files proves that you did not correctly verify the accounts within 30 days as required by law, and the Court will order you to delete them.

You say that you have reinvestigated these accounts. Still, you've admitted that all you have done is parroted information given to you by other sources and shifted the burden back to me to contact the original creditor to verify these accounts, which is clearly in violation of 1681 ( a ) ( 4 ).

I also asked you to give me the name of the person in your company who verified the accuracy of these accounts. Still, you also ignored this request, another violation of Federal Law and evidence of your willful disregard of the law.

Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to ''promptly DELETE all information which can not be verified. '' I request that you do this immediately.

I am a litigious consumer and intend to pursue litigation to enforce my rights under the FCRA.

The law is evident as to the civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I demand that you delete all of the accounts listed below immediately & provide me with a copy of an updated and corrected credit report showing that these items have been deleted.

Company response to consumer: Closed with explanation