Consumer complaint received 2023-03-01
Company: ERC
State: TN
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
This company continues to try and collect on invalid debt. Along with this, they have sent deceptive forms to third parties and myself, making false belief that I owe them ( 15 U.S. Code 1692j ). A debt collector also may not use any false, misleading, or deceptive practices in accordance with 15 U.S. Code 1692e ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt ; Committing fraud. The original creditor must not have notified them as well, but a 1099c issued for this debt ( REQUIRED FOR ALL DEBTS OVER {$600.00} ) - THIS DEBT IS $ XXXX and can not be debt and income simultaneously according to bureaus and IRS- this being reported as income removes the debt from my credit report. This business continues to cause a defamation of my character, and immense harm to my reputation, while also violating my federally protecting consumer rights, FDCPA laws, and my right to privacy and confidentiality. I am asking that this account ( XXXX ) be removed from my credit report immediately.Pursuant to 15 USC 1681 ( a ) ( 4 ) -I have the right to privacy.15 USC 1681b ( a ) 2 -you cant furnish a credit report without written consent from the consumer. 15 U.S.Code 1681c ( a ) ( 5 ) -no consumer reporting agency may make consumer report containing the following information- ANY adverse information.This collection is clearly adverse information. Also, Enhanced Recovery NOR XXXX  CLEARLY AND CONSPICUOUSLY provided me with outlines of my consumer rights to opt out from credit reporting PRIOR to this account reporting pursuant to -> 15 U.S. Code 6801 each financial institution has obligation to respect the privacy of customers and to protect the confidentiality of their nonpublic personal info. 15U.S. Code 6802 ( a ) may not disclose to a nonaffiliated third party any non-public personal information ( b ) Opt out ( 1 ) A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given opportunity to direct that info not be disclosed to such third party ; AND ( C ) the consumer is given an explanation of how they can exercise that option.15 USC 6809 ( 5 ) " nonaffiliated third party '' means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution.Nonaffiliated 3rd party = CREDIT BUREAUS ( XXXX, etc ) 15 USC 6809 ( 5 ) Affiliate means any company that controls, is controlled by, or is under common control-your company and bureaus are not.15 U.S. Code 6809 ( A ) " nonpublic personal information '' means PERSONALLY IDENTIFIABLEFINANCIAL INFORMATION ( ii ) resulting from ANY transaction! ANY transaction= ALL. This was ONLY made available by you reporting this. I did not give this consent and you continue to report this with all disregard to law.I also ask that Enhanced Recovery supplies me promptly with all of the following for my records- 1. a copy of this companys Tennessee Collection Service License so I can make my complaint with license attached. 2.A complete Audit Trail calculation of this balance, including the complete payment history on this account, so I have proof that the debt amount iscorrect. -This account information is inconsistent and varies across all three bureaus. 3.Documentation that shows I agreed to pay you this debt with my signature and documentation that shows I gave you permission to have my information and paperwork showing I gave you authorization to report this to my credit report. -No consent to you having my information and unauthorized use of my social security number is identity theft and you will be reported for such. 4.The Agreement that grants you authority to collect on this alleged debt. 5.The purchase agreement showing where you purchased my personal information without my consent which is fraud because you are unknown to me I never did business with you 6.Senior Executive from your office to Swear under penalty of perjury this corporation were present during the alleged debt you nor I can validate this because we wasn't present ) 7. The Original PromissoryNote on this Alleged Debt. 
Last but not least, this company is participating in FRAUD, in partnership with original creditor if this is not removed immediately.I demand this item be removed immediately from all credit reporting agencies and 3rd parties or I will seek monetary compensation damages for the violations youve already committed ( {$1000.00} per ), and you have 15days from the date of this letter to respond with all items requested. I am also submitting these facts to the CFPB, FTC, and Attorney General while reporting you to the Tennessee Collection Service board immediately as we are preparing legal action for violations you've already committed.

Company response to consumer: Closed with explanation