Consumer complaint received 2022-08-29
Company: ENCORE CAPITAL GROUP INC.
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
NEW updated information NOTICE I claim harm by way of trespass, FRAUD and Breach of consumer Right to Privacy. 

Notice, it is a fact pursuant to 15 USC 1692 ( a ) congress states there is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Congress also states that abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.

YOU BROKE THE LAW I HAVE THE RIGHT TO PRIVACY.

It is a fact, pursuant to 28 USC 3002 ( 15 ) ( A ) the term " United States '' means a Federal Corporation.

It is a fact, I am a federally protected consumer a natural person pursuant to 15 USC 1692a ( 3 ).

It is a fact, I am the originator, the original creditor who regular extends credit creating a debt pursuant to 15 USC 1692a ( 4 ).

It is a fact, pursuant to 15 USC 1692a ( 5 ) the term " debt '' means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. 

Notice, it is a fact pursuant to XXXX XXXX XXXX ( XXXX ) Midland Credit Management is stating i the consumer a natural women is obligated to pay. I disagree. This is an alleged obligation. My consumer credit transactions were primarily for personal, family and household purposes which is the legal definition of debt.

It is a fact, Midland Credit Management is a debt collector pursuant to 15 USC 1692a ( 6 ). Any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another is in fact a debt collector.

It is a fact, pursuant to 15 USC 1692b ( 2 ) not state that such consumer owes any debt. In fact, this is a violation of my consumer rights. See Exhibit It is a fact, pursuant to 15 USC 1692b ( 5 ) Midland Credit Management shall not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in t
he debt collection business or that the communication relates to the collection of a debt. In fact, this is a violation of my consumer rights. See Exhibit It is a fact, Pursuant to 15 USC 1692e ( 2 ) Midland Credit Management is attempting to collect on an alleged debt that is in the positive amount. Which in fact is a false representation of the character amount or legal status of any debt.

It is a fact, pursuant to 15 USC 1692e ( 2 ) ( a ) - The character is incorrect it should be negative.

- The amount is incorrect correct it should be negative. I can't pay something in the positive amount.

It is a fact, pursuant to 15 USC 1692e ( 10 ) Midland Credit Management unlawful, deceptive, misleading representative and unfair business practices can not use any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. In fact, this is a violation of my consumer rights. See Exhibit It is a fact, pursuant to 15 USC 1692g ( a ) ( 1 ) ( 2 ) ( 3 ) ( 4 ) ( 5 ) ( g ) requires Midland Credit Management to validate and verify ; ( 1 ). The amount of the debt ; ( 2 ). The name of the creditor to whom the debt is owed ; ( 3 ). a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ). A statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

It is a fact, pursuant to 15 USC 1692g ( b ) if any portion of debt is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

I am requesting a full account ledger to validate and verify alleged debt.

Please do so under penalty of perjury or a sworn affidavit to prove lawful and valid claim.

Violation of consumer right to privacy It is a fact, pursuant to 15 USC 6801 ( a ) - Privacy obligation policy 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 produce or provide a written consent or authorization form to prove contractual agreement. Failure to comply with federal laws or obligations leads me to believe you may be committing FRAUD and invasion of individual Privacy and shall incur a penalty or criminal liability of 111,000 for damages.

It is a fact pursuant to 15 USC 6801 ( b ) ( 1 ) ( 2 ) ( 3 ) Midland Credit Management have violated my consumer rights to privacy by using my nonpublic personal and financial information without consumers consent or Authorization.

It is a fact, pursuant to 15 USC 1692h If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumers directions.

Notice pursuant to 15 USC 1692h I the consumer the original creditor in accordance with my direction. I am requesting a full payment of {$960.00} in the form of a check payable to see attachment for payment details.

It is a fact, pursuant to 15 USC 1692k ( a ) ( 1 ) ( 2 ) ( A ) ( B ) ( 3 ) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ; ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorneys fees reasonable in relation to the work expended and costs.

It is a fact, Pursuant to 15 USC 1681b ( 2 ) I did not consent to or authorize Midland Credit Management to furnish anything on my consumer report, consumer file or credit report. I am demanding this account be removed or deleted from ALL my consumer reports, consumer files and ALL credit reporting agencies immediately. 
MCM # : XXXX Creditor : XXXX XXXX XXXX XXXX. 
Account # : XXXX Regards, XXXX XXXX Copy to ; Registered agent Midland Funding LLC Office of Attorney General Consumer Protection Department Consumer Response Center Federal Trade Commission XXXX XXXX XXXX

Company response to consumer: Closed with explanation