Consumer complaint received 2015-05-08
Company: ENCORE CAPITAL GROUP INC.
State: GA
Product: Debt collection
Sub-product: Credit card
Issue: False statements or representation
Sub-issue: Impersonated an attorney or official

Complaint:
To date, Midland has a poor track record in regards to its collection tactics which have resulted in fines from the United States Government and from individual states as well. As of this year Midland has had to pay close to 4.5 million dollars in fines and penalties due to their unlawful business procedures which violate the consumer 's rights and FDCPA. Their illegal actions have caused XXXX upon XXXX of consumer 's credit files to be tainted with negative remarks and judgments which includes myself. 
I was sued by Midland Credit Management or Midland Funding LLC to collect unpaid credit card debt which Midland bought from XXXX Bank. Midland filed lawsuit against me on XXXX XXXX, 2012. Midland was awarded default judgment. In addition, Midland bought a cellular phone plan account from XXXX. My allegation that Midland violated the law in many ways : XXXX, Midland ' collection activities prefer " efficiency '' and profits over compliance with FDCPA laws. Midland churns out XXXX of collection letters and XXXX of telephone calls from its call centers in XXXX and XXXX, often using incomplete and/or inaccurate information electronic information purchased from original creditors. Midland pursues me for collection of old debts for which they do n't have any records and are beyond the statute of limitation and credit reporting periods. 
XXXX, Midland 's collection letters contain very little information about the debt, no supporting documentation, and no proof that ownership of the debt has been transferred to Midland. In addition to the aggravation of being harassed by Midland who refuses to verify the debt. 
XXXX, the better business Bureau reports that over XXXX consumers have filed complaints regarding Midland. 
XXXX Midland filed XXXX of false affidavits in their collection suits. XXXX Midland employees have testified in depositions that during their employment, they signed XXXX to XXXX form affidavits per day at their offices in XXXX, that they did little to nothing to review the contents of their affidavits before signing that they did not review any documentation regarding the account before signing, that they did not review any exhibits before signing, and that they did not sign the affidavits before a notary. They also testified that they did not have any contact of any kind with the debtor. XXXX employee testified that he simply picked up stacks of affidavits off of the computer, signed them ( XXXX at a time ) and forwarded them to the notary for signature and to be mailed to the law firm filing the lawsuit. 
The employees also testified that they had no knowledge about the sale of the debt portfolios from the original creditors to Midland funding. The end result of these robo-signed affidavits is that the default judgment and summary judgment entered by the courts are based on affidavits that are false. The courts are misled into concluding that the affiant has actually verified the debt. The correct balance owed, the interest rate is applicable, and the identity of the debtor, when in fact none of it has been verified by affiant. 
In conclusion, Midland has unlawful business procedures which violate the consumer 's rights. Their illegal actions have caused XXXX upon XXXX of consumer 's credit files to be tainted with negative remarks and judgments which includes myself. Please include me in these class actions against Midland Management and Midland Funding LLC. I thank you XXXX again for your time and I look forward to hear from you.

Company response to consumer: Closed with non-monetary relief