Consumer complaint received 2019-12-17
Company: ENCORE CAPITAL GROUP INC.
State: MI
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Midland Credit Management has been collecting on an alleged debt for Midland Funding LLC, in which they are accusing me of sole responsibility. 

A Subsidiary of Encore Capital Group, it has been involved in more than 300 federal lawsuits. It has violated TCPA, FDCPA, FCRA laws numerous times. The Consumer Financial Protection Bureau has sued and demanded strict policies on Midland Funding and Parent company Encore Capital for : i. Illegal collection activities ii. CFPB specifically found that encore capital bought debts that they knew or should have known were inaccurate or outside the statute of limitations. 
iii. Also found that they bought debts, that where they knew or should have known that the underlying documents or records were inaccurate. 

iv. Made misrepresentation to consumers that their accounts have been reviewed by an attorney and that a lawsuit will be brought up with failure to pay v. Misled consumers to agreeing for auto-dialed calls to their cellphones causing spam harassment violating the Telephone Consumer Protection Act ( TCPA Laws ) vi. They have filed lawsuits with no intention to prove if the consumer contested it vii. Have filed misleading affidavits in their lawsuits against consumers ; some were even made up viii. Have misled consumers and courts by stating that an undisputed debt is presumed to be valid under debt collection laws, when in fact the Federal Laws governing debt collection state no such thing. 

Even after scrutiny from the Consumer Financial Protection Bureau, Midland Funding LLC continues to defame persons character, humiliate persons integrity, and wreak havoc on persons life. Last month I sat through a trial that went on for 5 months for an alleged credit card that was opened under a XXXX year old grandma social secuirty number. Midland Funding LLC went after her government checks for 5 months and finally called the court in by phone to dismiss the case. Midland Funding LLC is comitting such acts on a daily basis. Midland Funding LLC is an unchecked company and has been degrading people and feeding on their ignorance and preying on their lack of education. 


I have sent express certified letters to XXXX, XXXX, XXXX, and Midland Funding LLC. The Credit Bureaus have stated that the account has been validated but has not stated the process they used for validation. The account can not be validated because XXXX XXXX XXXX has not been able to validate the account. How can the Credit Bureaus validate an account that has not been validated by the Collection Agency itself? 

These negligent actions committed by the Credit Bureaus raise many questions, especially the question of credibility. How credible are XXXX, XXXX, and XXXX? How do they store our data? How do they verify or validate accounts, especially accounts that can not be validated?

Midland Funding LLC continues to sue me, violating FDCPA LAWS and have set pretrial for XX/XX/2019. They are persistent on collecting this invalidated, unverifiable, inaccurate alleged debt. They have violated FCRA LAWS AND TCPA LAWS by : 1. Repeated calls as harassment. [ 15 USC 1692d ] 806 ( 5 ) 2. sing this kind of language is considered harassment. [ 15 USC 1692d ] 806 ( 2 ) 3. Calls at these times are considered harassment. [ 15 USC 1692c ] 805 ( a ) ( 1 ) 4. Collectors can't threaten to sue or file charges against you, garnish wages, take property, cause job loss, or ruin your credit as a deceptive intimidation act [ 15 USC 1692e ] 807 ( 5 ) 5. The collector can only contact a third party once unless it has reason to believe the information previously provided is false. [ 15 USC 1692b ] 804 ( 1 ) 6. A collector is not allowed to contact you at work if youve let them know your employer doesnt approve of these calls and can not use cell phone in the workplace. [ 15 USC 1692c ] 805 ( a ) ( 3 ) 7. Within five days of the collector 's initial communication, it must send the consumer a notice including the amount of the debt, name of the creditor, and notice of your right to dispute the debt within 30 days. [ 15 USC 1692g ] 809 ( a ) 8. A collector can't continue to collect on a debt after you've made a written request to verify the debt as long as the request was made within 30 days of the collector 's written notice. [ 15 USC 1692g ] 809 ( b ) 9. After receiving the Defendants written dispute, the collector must stop collecting on the debt until you have received verification. [ 15 USC 1692g ] 809 ( b )

Company response to consumer: Closed with non-monetary relief