Consumer complaint received 2021-09-01
Company: ENCORE CAPITAL GROUP INC.
State: MA
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Impersonated attorney, law enforcement, or government official

Complaint:
Recently I tried to see if an old XXXX XXXX account could be settled. The debt was for {$24000.00} on a real estate transaction where my former partner was supposed to pay off the debt. The real estate transaction was a XXXX  across the board. However, last week on XX/XX/2021 I called XXXX XXXX to settle the debt. I was told that the collection was being handled by Midland Credit Management , Inc. For the record, I was never in receipt of any notice by phone or by mail that this national collection agency was in charge of the XXXX XXXX XXXX. My call to Midland Credit Management was productive until a supervisor by the name of XXXX got on the phone. Midland plays a good cop, bad cop aggressive negotiation process that is highly illegal. Recently, Midland Credit Management paid a $ XXXX fine to the Consumer Financial Protection Bureau for excessive Fair Debt Collection Practices Act violations and Fair Credit Reporting Act violations. On the XX/XX/2021 call wee came to a settlement of {$11000.00} on the {$24000.00} debt. I stated that I could clear that settlement on XX/XX/2021. I was told by the supervisor XXXX that if the account is not settled by XX/XX/2021, that XXXX XXXX is calling the collection back, and that MCM would be out of the equation. I stayed adamant that I could not clear the payment until XX/XX/2021, and we ended the call. 

ALL CALLS ARE RECORDED!!! 

Today, XX/XX/2021 MCM called me again, this time with a different agent for MCM. Once again, I kept to my position that I could not honor the payment until XX/XX/2021. I was strong in my position that I could not pay the settlement until that date. Once again, XXXX representative stated that this was the last day the deal could be procured. I was told the XXXX wanted to speak to me, and when he got on the phone he stated that he was listening in on the call all along. This is a felony under Massachusetts Eavesdropping laws. I was then told that if the settlement payment was not made today, that the full amount was now due. This was a form of extortion that MCM is known for. 

All phone conversations were recorded and will lock my position that XXXX XXXX has stooped to the lowest form of debt collection. They hired a company that will use eavesdropping violations and extortion without discrimination. I will now hire a lawyer to file an action against XXXX XXXX and Midland Credit Management. I demand that the debt be forgiven completely for these federal and state legal violations. I did not ever give my consent for my conversation to have a third party listening in. 

Massachusetts Recording Law Note : This page covers information specific to Massachusetts. For general information concerning the use of recording devices see the Recording Phone Calls, Conversations, Meetings and Hearings section of this guide.

For additional information about engaging in journalism in the Commonwealth of Massachusetts, please see our printable PDF guide Newsgathering in Massachusetts, co-produced with the XXXX XXXX XXXX XXXX XXXX. 

Massachusetts Wiretapping Law Massachusetts 's wiretapping law often referred to is a " two-party consent '' law. More accurately, Massachusetts makes it a crime to secretly record a conversation, whether the conversation is in-person or taking place by telephone or another medium. See XXXX. XXXX XXXX ch. XXXX, XXXX. Accordingly, if you are operating in Massachusetts, you should always inform all parties to a telephone call or conversation that you are recording, unless it is absolutely clear to everyone involved that you are recording ( i.e., the recording is not " secret '' ). Under Massachusetts 's wiretapping law, if a party to a conversation is aware that you are recording and does not want to be recorded, it is up to that person to leave the conversation. 

XXXX XXXX must eliminate the {$24000.00} debt service permanently. The account is a corporate account and should have never been presented on my personal credit report. 

XXXX XXXX

Company response to consumer: Closed with explanation