Consumer complaint received 2022-08-07
Company: ENCORE CAPITAL GROUP INC.
State: MN
Product: Debt collection
Sub-product: Credit card debt
Issue: Threatened to contact someone or share information improperly
Sub-issue: Talked to a third-party about your debt

Complaint:
Midland Credit Management sued me for a credit card debt from XXXX XXXX XXXX, prior to the summon they sent me, i contacted the organization via calls to send me validation ( the signed agreement ) of the alleged debt, but they declined my request. 

When i received the court summon from them through XXXX XXXX, i wrote XXXX letters to both MCM and their representative requesting the same document, they replied with only statement, bill of sale and was missing the agreement on the card. They kept on referring me to each other. 
I made several efforts to request the signed agreement all to no avail. 
Prior to the hearing, in late XX/XX/2022 i called Midland Credit management seeking to speak with a customer service and requested the signed agreement on the card, the individual could not provide any definite answer to my request but instead i was transferred from XXXX department to another. After spending long minutes on the call, i was transferred to a XXXX with XXXX accent, who asked for my NAME, DOB, ADDRESS AND SSN to authenticate me, i refused to give her because i was skeptical and asked her to provide me the information instead. She read out all my PII which i confirmed and asked her for the signed agreement on the alleged debt which mentioned she doesn't have the document. She informed that the call was been recorded for debt collection purposes. 

During my conversation with the lady to me, i asked her if she can transfer me to her supervisor or manager to request the debt validation document, she said " yes '' and placed me on hold for like XXXX minutes, only to come and notified me that there is no supervisor available at this time because of time zone. I was amazed and out of curiosity asked her where she was located because i placed the call during working hours here in United States, she replied and said she lives in XXXX and was working for Midland Credit Management from there, i asked her the same question the second time to be sure, she confirmed her employer is MCM and she works for them from XXXX. Then, i asked her what rights she has to access my information from outside the country when i did not sign any document with MCM to that effect, she was shivering and i immediately requested i must speak to someone here in the MCM in the XXXX to know what my information was doing abroad. She quickly put me on hold and went away. 

That was when discovered and realized that Midland Credit Management has been routing their customer service number and calls from the United States to XXXX, ( probably for cheap labor ) exposing consumer 's Personal Identifiable data outside of the XXXX without notifying us or receiving any authorization from the owners of such data or the banks they bought those debts from, which is violation of CFBP and other privacy law. At that moment, i connected the dots that scamming attacks i have been receiving of text messages from different phone numbers, threatening voicemail that my SSN is fake i need to call a certain number or i will get arrested was probably due to their carelessness. 

I have attached to this complaint the XXXX letter i sent to Midland Credit Management to explain why my data was sent outside of the United States without my authorization, i never received any response, the only reply i got from them was the bill of sale, few statement on the alleged debt. They are only interested in pressuring consumers with their demands while neglecting their responsibility to protect the data they acquired from banks as the law required. 
I mentioned the data mismanagement issue to the judge at the hearing, he informed me i can appeal his decision. The judge awarded them {$1400.00} in judgement, only for XXXX XXXX to write the judge they want full amount on the debt. I received the second judgement from the courthouse. Due to my struggling financial situation, i apply for an appeal and filled out a waiver for payment, it was not granted and i was out of town that was how i missed the appeal application deadline, I have plan to pay the judgement and will also get to the root of my privacy violation. 

A complaint was filed against MCM to XXXX XXXXXXXX XXXX, they were contacted only to reply with bill of sale, statement and an agreement without my signature or name on it. They were asked to address my concern as to why my information was in XXXX, they dodged the question only to reply they take the allegation seriously without providing any straight answer to admit and fix the issue. 

I conducted online research about Midland Credit Management, there were several lawsuits and class action against them in different states because of their predatory, malpractices, harassment against consumer 's. Even, the XXXX XXXX XXXX sent me a letter that they have been sued in XXXX before because of their bad practices and got a judgement against them. 
The XXXX  XXXX office offered to intervene, that i should give them a lump sum of {$1000.00} to their representative here in MN which they refused and insisted that i pay more than the judgement assigned to them in installment or pay {$1500.00} lump sum onetime payment and must sign agreement. 

In the document of agreement, their representative wrote that after i made the payment of {$1500.00}, i'm forbidden to discuss the breach and mismanagement of my data to anybody or organization. 
That i will release Midland Credit Management and XXXX XXXX from any future legal action, of which i replied them i cant sign my rights away because i must get to the root of the violation of my privacy and what has been done to address it. Also, the agreement they proposed indicates the admission of guilt of my claim against them. 

If Midland Credit management wants to dispute my claim of data mismanagement, kindly request the recorded conversation i had with their organization on that day which is untampered evidence directly from them. 
Also, I plan to contact XXXX XXXX XXXX who sold them the allege debt to file a complaint and other finance government agencies in the country until Midland Credit Management resolve my concern. 
I lived in XXXX, they bought the alleged debt in the XXXX, they took me to court in XXXX, why is data mismanaged and expose by them to XXXX, i need answers. I will use every legal tool available to defend claim until it is resolved. 

Kindly, investigate the business practice of Midland Credit Management as there may be other consumer 's data affected by their malpractices and take necessary action to deter future occurrence. 

Thanks.

Company response to consumer: Closed with explanation