Consumer complaint received 2024-09-29
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: ENCORE CAPITAL GROUP INC. (GA)

I sent a letter to Midland Credit Management on XX/XX/XXXX, requesting the removal of fraudulent accounts that they improperly reported on my XXXX, XXXX, and XXXX credit reports. I did not authorize these accounts, nor was I aware of them. Despite my request for their removal, I checked my credit reports, and the accounts still appear. 

All furnishers of consumer reports must comply with all applicable regulations, including regulations promulgated after this notice was first prescribed in XXXX. Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureaus website, www.consumerfinance.gov/learnmore.

NOTICE TO FURNISHERS OF INFORMATION : OBLIGATIONS OF FURNISHERS UNDER THE FCRA The federal Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681-1681y, imposes responsibilities on all persons who furnish information to consumer reporting agencies ( CRAs ). These responsibilities are found in Section 623 of the FCRA, 15 U.S.C. 1681s-2. State law may impose additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and may want to consult with their counsel to ensure that they comply. The text of the FCRA is outlined in full at the Bureau of Consumer Financial Protections website at www.consumerfinance.gov/learnmore. A list of the sections of the FCRA cross-referenced to the U.S. Code is at the end of this document.

Section 623 imposes the following duties : Accuracy Guidelines The banking and credit union regulators and the CFPB will promulgate guidelines and regulations dealing with the accuracy of information provided to CRAs by furnishers. The regulations and guidelines issued by the CFPB will be available at www.consumerfinance.gov/learnmore when they are issued. Section 623 ( e ). 
General Prohibition on Reporting Inaccurate Information The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate. Sections 623 ( a ) ( 1 ) ( A ) and ( a ) ( 1 ) ( C ).

Duty to Correct and Update Information If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determine that the information provided is not complete or accurate, and the furnisher must promptly provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections and must thereafter report only the complete and accurate information. Section 623 ( a ) ( 2 ).

Duties After Notice of Dispute from Consumer If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( 1 ) ( B ). 
If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute. Section 623 ( a ) ( 3 ).

The federal banking and credit union regulators and the CFPB will issue regulations that will identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer. Once these regulations are issued, furnishers must comply with them and complete an investigation within 30 days ( or 45 days, if the consumer later provides relevant additional information ) unless the dispute is frivolous or irrelevant or comes from a credit repair organization. The CFPB regulations will be available at XXXX. Section 623 ( a ) ( 8 ).

Duties After Notice of Dispute from Consumer Reporting Agency If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher, the furnisher must follow certain procedures. The furnisher must : Conduct an investigation and review all relevant information provided by the CRA, including information given to the CRA by the consumer. Sections 623 ( b ) ( 1 ) ( A ) and ( b ) ( 1 ) ( B ). 
Report the results to the CRA that referred the dispute, and, if the investigation establishes that the information was, in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compiles and maintains files on a nationwide basis. Sections 623 ( b ) ( 1 ) ( C ) and ( b ) ( 1 ) ( D ).

Complete the above steps within 30 days from the date the CRA receives the dispute ( or 45 days, if the consumer later provides relevant additional information to the CRA ). Section 623 ( b ) ( 2 ).

Promptly modify or delete the information, or block its reporting. Section 623 ( b ) ( 1 ) ( E ).

Duty to Report Voluntary Closing of Credit Accounts If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnishes information to one or more CRAs must report this fact when it provides information to CRAs for the period in which the account was closed. Section 623 ( a ) ( 4 ).

Duty to Report Dates of Delinquencies If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumers file. Section 623 ( a ) ( 5 ).

Any person, such as a debt collector, who has acquired or is responsible for collecting delinquent accounts and who reports information to CRAs may comply with the requirements of Section 623 ( a ) ( 5 ) ( until there is a consumer dispute ) by reporting the same delinquency date previously reported by the creditor. If the creditor did not report this date, they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date can not be reasonably obtained, by following reasonable procedures to ensure that the date reported precedes the date when the account was placed for collection, charged to profit or loss, or subjected to any similar action. Section 623 ( a ) ( 5 ).

Duties of Financial Institutions When Reporting Negative Information Financial institutions that furnish information to nationwide consumer reporting agencies, as defined in Section 603 ( p ), must notify consumers in writing if they may furnish or have furnished negative information to a CRA.

Section 623 ( a ) ( 7 ). The Consumer Financial Protection Bureau has prescribed model disclosures, 12 CFR Part 1022, App. B.

Duties When Furnishing Medical Information A furnisher whose primary business is providing medical services, products, or devices ( and such furnishers agents or assignees ) is a medical information furnisher for the FCRA and must notify all CRAs to which it reports of this fact. Section 623 ( a ) ( 9 ). This notice will enable CRAs to comply with their duties under Section 604 ( g ) when reporting medical information.

Duties when ID Theft Occurs All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section 623 ( a ) ( 6 ). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each consumer reporting agency of the correct information and must thereafter report only complete and accurate information. Section 623 ( a ) ( 2 ). When any furnisher of information is notified under the procedures outlined in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 615 ( f ).

The Consumer Financial Protection Bureau website, www.consumerfinance.gov/learnmore, has more information about the FCRA.

Citations for FCRA sections in the U.S. Code, 15 U.S.C. 1681 et seq. : 15 U.S.C. 1681 Section 615 15 U.S.C. 1681m Section 603 15 U.S.C. 1681a Section 616 15 U.S.C. 1681n Section 604 15 U.S.C. 1681b Section 617 15 U.S.C. 1681o Section 605 15 U.S.C. 1681c Section 618 15 U.S.C. 1681p Section 605A 15 U.S.C. 1681c-1 Section 619 15 U.S.C. 1681q Section 605B 15 U.S.C. 1681c-2 Section 620 15 U.S.C. 1681r Section 606 15 U.S.C. 1681d Section 621 15 U.S.C. 1681s Section 607 15 U.S.C. 1681e Section 622 15 U.S.C. 1681s-1 Section 608 15 U.S.C. 1681f Section 623 15 U.S.C. 1681s-2 Section 609 15 U.S.C. 1681g Section 624 15 U.S.C. 1681t Section 610 15 U.S.C. 1681h Section 625 15 U.S.C. 1681u Section 611 15 U.S.C. 1681i Section 626 15 U.S.C. 1681v Section 612 15 U.S.C. 1681j Section 627 15 U.S.C. 1681w Section 613 15 U.S.C. 1681k Section 628 15 U.S.C. 1681x Section 614 15 U.S.C. 1681l Section 629 15 U.S.C. 1681y