Consumer complaint received 2024-09-11
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: ENCORE CAPITAL GROUP INC. (CA)

Dear CFPB, I am filing this formal complaint regarding several violations of the Fair Credit Reporting Act ( FCRA ) by credit reporting agencies and debt buyers. These violations include inaccurate reporting of charge-offs, unauthorized inquiries, incorrect personal information, and errors that continue to harm my credit profile. Despite my efforts to resolve these matters directly, the violations remain unaddressed. I seek your intervention to enforce the law and hold the responsible parties accountable. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Midland credit managem XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Unauthorized Hard and Soft Inquiries Violations of 15 U.S. Code 1681b Credit reporting agencies have allowed unauthorized hard and soft inquiries to appear on my credit report. Under 15 U.S. Code 1681b ( 604 ) ( a ), a consumer report may only be furnished for permissible purposes, such as when there is a direct contractual relationship or when the consumer has provided explicit written consent. In my case, I did not authorize these inquiries. The continued presence of these inquiries violates the FCRA, and they must be deleted immediately. 
1. Violations of 15 U.S. Code 1681b Permissible Purposes of Consumer Reports The credit reporting agencies have violated 15 U.S. Code 1681b ( 604 ) ( a ) by furnishing my consumer report to third-party debt buyers who do not have a valid contract with me. I have not authorized these parties to access or report on my credit file, yet their erroneous entries, including charge-offs and other derogatory marks, continue to appear on my report.

2. Violations of 15 U.S. Code 1681s-2 ( a ) ( 1 ) Responsibilities of Furnishers of Information Creditors and debt collectors, who have no valid contractual relationship with me, have continued to report charge-off accounts that have been sold to third parties. These furnishers are violating 15 U.S. Code 1681s-2 ( a ) ( 1 ) by reporting inaccurate and outdated information, which misrepresents the status of the debts. Once an account has been sold, the original creditor no longer has the legal standing to report it as active.

3. Reporting Charge-Offs which is Income Violations of 15 U.S. Code 1681c Creditors have unlawfully reported charge-off amounts as income, which is explicitly prohibited under 15 U.S. Code 1681c. This practice is not only misleading but also illegal, as it distorts the accuracy of my financial records. Such actions are further compounded by the failure to update the information to reflect that the debts have been sold, which results in a violation of 15 U.S. Code 1666.

4. No Valid Contract with Debt Buyers Violations of 15 U.S. Code 1681b Under 15 U.S. Code 1681b, consumer reporting agencies and creditors may only report information backed by a valid contract with the consumer. Debt buyers reporting my accounts have no such legal standing, as I never entered into any agreement with these third-party collectors. Therefore, their continued reporting is a violation of the FCRA and a clear breach of federal law.

5. Violations of 15 U.S. Code 1681e ( b ) Ensuring Accuracy in Reporting Credit reporting agencies are required to follow reasonable procedures to ensure the maximum accuracy of the information they report under 15 U.S. Code 1681e ( b ). However, the continued inclusion of inaccurate charge-off accounts, misreported debts, and outdated information on my credit report demonstrates their failure to comply with this legal obligation.

6. Adverse Information Reporting Violations of 15 U.S. Code 1681a ( 5 ) The reporting of adverse information, including sold charge-offs, violates 15 U.S. Code 1681a ( 5 ). Adverse information can not be reported without ensuring it reflects the accurate status of the account. The failure to update my report with correct information constitutes a blatant violation of the FCRA.

7. Violations of 15 U.S. Code 1692b ( 5 ), 1692d ( 2 ), and 1692c ( a ) FDCPA Violations The debt collectors in question have also violated the Fair Debt Collection.

3. Sold Charge-Offs Reported by Original Creditors Violations of 15 U.S. Code 1681s-2 ( a ) ( 1 ) Creditors are prohibited from reporting debts they no longer own under 15 U.S. Code 1681s-2 ( a ) ( 1 ). However, several sold charge-off accounts are still being reported as though they are owned by the original creditor. This misrepresentation misleads credit reporting agencies and potential lenders, violating both the FCRA and my consumer rights. These accounts should be immediately removed, and the creditors should face fines for this violation.

4. No Valid Contract with Debt Buyers Violations of 15 U.S. Code 1681b Debt buyers who now own the accounts are also illegally reporting these debts on my credit report, despite there being no valid contract between us. As per 15 U.S. Code 1681b, information can only be reported if there is a valid contract between the consumer and the entity furnishing the information. The debt buyers ' reporting is both unlawful and harmful, and all such entries must be deleted from my credit report.

5. Inaccuracies in Reporting Adverse Information Violations of 15 U.S. Code 1681a ( 5 ) Under 15 U.S. Code 1681a ( 5 ), adverse informationsuch as charge-offsmust be reported accurately. However, charge-offs and other negative information on my report do not accurately reflect the current status of the accounts, as they have either been sold or were reported with incorrect details. This failure to update or correct adverse information violates the FCRA, and all such entries must be removed.