Consumer complaint received 2024-08-28
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: ENCORE CAPITAL GROUP INC. (NC)

I am writing to formally file a complaint against ENCORE CAPITAL GROUP, INC / MIDLANDCRE, for multiple violations of my rights as a federally protected consumer. Specifically, the company has violated provisions of the Fair Debt Collection Practices Act ( FDCPA ), the Consumer Financial Protection Act ( CFPA ), the Fair Credit Reporting Act ( FCRA ), the Gramm-Leach-Bliley Act ( GLBA ), and the Privacy Act of 1974. 
Violations of My Consumer Rights 1. Lack of Proper Notification and Violation of FDCPA & CFPAI am completely unaware of the alleged debt that ENCORE CAPITAL GROUP, INC / MIDLANDCRE claims I owe. Moreover, I was not provided with any opportunity to dispute this debt as required by law. The FDCPA mandates that a debt collector provide written notice within five days of their initial communication, outlining my right to dispute the debt within 30 days. To date, I have not received any such notice. If ENCORE CAPITAL GROUP, INC / MIDLANDCRE asserts that proper notification was provided, I request proof in the form of a certified mail receipt with my signature. 
2. Violations of FCRAThe alleged debt has been reported on my credit report without proper validation. The FCRA requires that information furnished to credit reporting agencies must be accurate and complete. Reporting this debt without giving me the opportunity to dispute or validate it violates the FCRA and has negatively impacted my credit score & credit worthiness. 
3. Violations of GLBA and Privacy Act of 1974ENCORE CAPITAL GROUP, INC / MIDLANDCRE has failed to protect my private information as required under the GLBA and the Privacy Act of 1974. Without proper verification or authorization, the disclosure of my personal information to credit bureaus and other entities is a direct violation of these federal laws. 
Request for Documentation and Debt Validation I have requested & I request that ENCORE CAPITAL GROUP, INC / MIDLANDCRE immediately provide the following documentation to validate the alleged debt : 1. Proof of Original Contract : A copy of the original contract with my blue wet-ink signature.

2. Signature Guarantee : Proof that I signed a document guaranteeing payment to this creditor.

3. Payment History : A complete history of all payments made by me in relation to this account.

4. Insurance Claims : Information on any insurance claims filed on this debt.

5. Chain of Title : Proof that ENCORE CAPITAL GROUP, INC / MIDLANDCRE holds the chain of title for the alleged debt.

6. Debt Collection License : Proof that [ Debt Collection Agency Name ] is licensed to collect debt in my state.

7. Forward Flow Agreement : A copy of the forward flow agreement between the original creditor and ENCORE CAPITAL GROUP, INC / MIDLANDCRE.

8. Assignment of Debt : Proof of assignment or transfer of the alleged debt to ENCORE CAPITAL GROUP, INC / MIDLANDCRE. 
Pattern of Violations and Prior CFPB Actions In my research of CFPBs complaint database, I discovered that ENCORE CAPITAL GROUP, INC / MIDLANDCRE has a history of similar violations. There have been previous enforcement actions by the CFPB against this company for violations under the CFPA and FDCPA. The ongoing misconduct and failure to respond to my previous communications only further demonstrate their disregard for federal regulations.

Immediate Action Requested I request that the CFPB take immediate action to investigate these violations and hold ENCORE CAPITAL GROUP, INC / MIDLANDCRE accountable. I also demand the immediate removal of this alleged debt from my credit report, as it was reported without proper validation and in violation of my rights. 
I appreciate your attention to this matter and look forward to your prompt response.