Consumer complaint received 2024-07-22
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: ENCORE CAPITAL GROUP INC. (TX)

Re-Dispute of Accuracy in Credit Report I am writing to formally re-dispute the accuracy of the information contained in my consumer credit report concerning the following accounts : MIDLAND CREDIT MANAG Account Number XXXX Despite my previous attempts to address these inaccuracies, the issues remain unresolved. I have sent multiple certified letters detailing my concerns and requesting proof of debt validation. 
Midland Credit Management listed above has failed to provide the required proof of debt validation as mandated by law. 
The tracking numbers for my certified letters are as follows : MIDLAND CREDIT MANAGEMENT : XXXX Certified Tracking # XXXX XXXX XXXX XXXX XXXX XXXX Delivered on XX/XX/XXXX However, MIDLAND CREDIT MANAGEMENT. Failed to provide the necessary documentation to support these claims. I have requested MIDLAND CREDIT MANAGEMENT. Please provide proof of the debt and documentation supporting the legitimacy and accuracy of the reported debts and explain how these accounts were verified and updated on my credit report. 
Background and Dispute Details It is not legal to deny providing proof of debt. Despite my multiple requests MIDLAND CREDIT MANAGEMENT has not provided the required proof, violating my rights to proof of debt. 
Relevant Legal Provisions The Fair Debt Collection Practices Act ( FDCPA ) outlines the validation of debts under 15 U.S.C. 1692g.

15 U.S.C. 1692g - Validation of Debts Notice of Debt, Contents ( 15 U.S.C. 1692g ( a ) ) : o Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector must send the consumer a written notice containing : The amount of the debt.

The name of the creditor to whom the debt is owed.

A statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, it will be assumed to be valid by the debt collector.

A statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and mail it to the consumer. 
A statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor if different from the current creditor. 
Disputed Debts ( 15 U.S.C. 1692g ( b ) ) : o If the consumer notifies the debt collector in writing within the thirty-day period that the debt is disputed, the debt collector must cease collection of the debt until verification of the debt or a copy of a judgment is obtained and mailed to the consumer.

Violation of the Fair Credit Reporting Act ( FCRA ) Under the Fair Credit Reporting Act ( 15 U.S. Code 1681i ), both credit reporting agencies and furnishers of information are obligated to investigate disputed information. The failure to provide evidence supporting the alleged debts constitutes non-compliance with FCRA requirements. 
Documentation Enclosed To support my dispute, I have enclosed the following documents : A copy of the certified delivery proof confirming receipt of my original dispute letters to MIDLAND CREDIT MANAGEMENT. 
A copy of my current dispute letters sent to MIDLAND CREDIT MANAGEMENT requesting debt validation. 
Demand for Correction Considering the lack of evidence not provided by MIDLAND CREDIT MANAGEMENT, I demand that MIDLAND CREDIT MANAGEMENT. Delete this tradeline from my consumer credit report to reflect the accurate status of my account. 
Expectation of Timely Resolution I expect you to conduct a reasonable reinvestigation of this matter and correct my credit report accordingly. Please confirm in writing that the requested corrections have been made to my credit file within 15 days of the date of this letter. 
Rights Under 15 U.S.C. 1681n If this injustice is not corrected, I will exercise my rights under 15 U.S.C. 1681n, which pertains to civil liability for willful noncompliance under the FCRA.

Key Provisions of 15 U.S.C. 1681n : Willful Noncompliance : o Any person who willfully fails to comply with any requirement imposed under the FCRA concerning any consumer is liable to that consumer.

Damages : o Actual Damages or Statutory Damages : The consumer may recover actual damages sustained or damages of not less than {$100.00} and not more than {$1000.00}.

o Punitive Damages : The court may award punitive damages as it deems appropriate.

o Attorney 's Fees and Costs : The consumer may also recover the costs of the action together with reasonable attorney 's fees as determined by the court.

Attorney 's Fees in Case of Bad Faith : o If the court finds that an unsuccessful pleading, motion, or other paper was filed in bad faith or for purposes of harassment, the court shall award the prevailing party attorney 's fees reasonable about the work expended in responding to the pleading, motion, or other paper. 
Claim with Relevant Agencies I will also file a claim with the Attorney General, the XXXX, and any other relevant agency, as MIDLAND CREDIT MANAGEMENT is known for violating the rights of people of color and minorities by not correcting proven information on their credit reports.

Relevant Provisions Equal Credit Opportunity Act ( ECOA ) - 15 U.S.C. 1691 1691. Scope of prohibition ( a ) Activities constituting discrimination : o It shall be unlawful for any creditor to discriminate against any applicant concerning any aspect of a credit transaction : ( 1 ) based on race, color, religion, national origin, sex, or marital status, or age ( provided the applicant can contract ) ; ( 2 ) because all or part of the applicants income derives from any public assistance program ; or ( XXXX ) because the applicant has exercised any right under the Consumer Credit Protection Act in good faith.

1691e. Civil liability ( b ) Penalties and damages : o Any creditor who fails to comply with any requirement imposed under this title shall be liable to the aggrieved applicant for actual damages sustained by such applicant, punitive damages, and equitable and declaratory relief. 
( c ) Attorney 's fees : o In the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney 's fee as determined by the court, shall be added to any damages awarded by the court. 
Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d Prohibits discrimination on the grounds of race, color, or national origin under any program or activity receiving Federal financial assistance. 
I look forward to your prompt attention to this matter.