Consumer complaint received 2021-12-10
Company: ENCORE CAPITAL GROUP INC.
State: MD
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
THE COMPANY MIDLAND CREDIT MANAGEMENT PURCHASED A DEBT FROM ANOTHER COMPANY AND I HAD NO INVOLVEMENT WITH THE TRANSACTION ACCORDING TO 15 USC 3002 I AM AN NATURAL PERSON WHICH MEANS MY NAME IN ALL CAPS IS NOT ME. MY NAME is XXXX XXXX. 

According to the Fair Debt Collection Practice Act, codified as 15 USC 1692, you, as a " Debt Collector '' are required by federal law to verify with the physical original written and signed consumer contract on recording, related to the account you are attempting to collect on. Otherwise, anyone paying for your Debt Collection services could fax, mail, or email in a fraudulent account. Your failure to verify this account is trespass on right to privacy and to contract. Under FDCPA, unverified accounts are considered a " Fictitious Obligation '' and any demand for payment of such is an attempt to extort and administer property without right. 

Definition and Points of Authority ( pursuant to Federal and/or State rules of evidence, rules of procedure and FDCPA/15 USC 1692 ) Federal Rules of Evidence 1001 ( a ) A " writing '' consists of letters, words, numbers, or their equivalent set down in any form. 
( b ) A " recording '' consists of letter, words, numbers, or their equivalent recorded in any manner ( d ) An " original '' of a writing or recording means the writing or recording itself or any counterpart intended to have the same effect by the person who executed or issued it. For electronically stored information, " original '' means any printout -- or other output readable by sight if it accurately reflects the information. An " original '' of a photograph includes the negative or a print from it.

Rule 1002. Requirement of the original An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statue provides otherwise.

18 USC 514 ( a ) Whoever, with the intent to defraud ( 1 ) draws, prints, processes, produces, publishes, or otherwise make, or attempts or causes the same, within the United States ; 28 USC 1746- Unsworn declarations under penalty of perjury Whenever, under any law of the Unite States or under any rule, regulation, order, or requirement made pursuit to law, any matter is required or permitted to be supported, evidence, established, or proved by the sworn declaration, verfication, certificate, statement, oath, or affidavit, in writing of the. person making the same ( other than a deposition, or an oath of office, or an oath required to be taken before a specified official other than notary public ), such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration, certificate, verfication, or statement, in writing of such person which is subscribed by him, as true under penalty of perjury, and dated, in substantially the following form : ( 1 ) if executed without the United States of America : " I declare ( or certify, verify, or state ) under penalty of perjury under the law of the United States of America that the foregoing is true and correct. Executed on ( date ).

( Signature ) ( 2 ) If execute within the United States, its territories, possessions, or commonwealths : " I declare ( or certify, verify, or state ) under penalty of perjury that the foregoing is true and correct. Executedon ( date ) ( Signature ) Stating from 16 CFR 433.1 ( f ) it defines contract as any oral or written agreement, formal or informal, between creditor and a seller. Therefore, I never signed or orally said that I agreed to pay this alleged debt or even gave them permission to sell my information to a third party seller.

16 CFR 433.2 ( a ) invokes my right as the debtor to assert all claims and defenses.

15 USC 1692c ( a ) Communication with the consumer generally. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt 15 USC 1692e ( 2 ) The false representation of -- ( a ) the character, amount, or legal status of any debt; or ( b ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

Company response to consumer: Closed with explanation