Consumer complaint received 2024-07-06
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: ENCORE CAPITAL GROUP INC. (FL)

On XX/XX/2024 i sent written notice to Midland credit management requesting validation of debt pursuant to the Fair Debt Collection Practices Act ( FCRA ) [ 15 USC 1692g ]. I respectfully requested their offices provide me with competent evidence that I have any legal obligation to pay them. I also informed them that if their offices have reported invalidated information to any of the XXXX major credit bureaus ( XXXX, XXXX, or XXXX ) this action may constitute fraud under both Federal and State Laws. I told them if their offices are able to provide the proper documentation as requested in the following Declaration i sent, I will require at least 30 calendar days to investigate this information, during which time all collection activity shall CEASE and DESIST. 

During that validation period, i told them that if any action is taken which could be considered detrimental to any of my credit reports, I may consult with legal counsel for suit. This includes any listing of information to a credit reporting repository that could be inaccurate or invalidated. The information requested for me to validate the debt was as follows : 1. Name and address of Alleged creditor : 2. Name on file of alleged debtor : 3. Alleged Account # : 4. Address on file for alleged debtor : 5. Amount of alleged debt : 6. Date this alleged became payable : 7. Date of original charge off or delinquency : 8. Was this debt assigned to a debt collector or purchased? ____ No ____Yes 9. Amount Paid if debt was purchased : 10. Commission for debt if collection efforts are successful : Agreement with your client that grants Midland credit management the authority to collect this alleged debt. 

Signed agreement Debtor has made with Debt Collector, or other verifiable proof Debtor has a contractual obligation to pay Debt collector. 

Any agreement that bears the signature of Debtor, wherein agreed to pay Creditor.

All statements while this account was open. 

Have any insurance claims been made by any creditor regarding this account? 

o

Yes o No Have any Judgements been obtained by any creditor regarding this account? o Yes o No The name and address of the bonding agent for Midland credit management, in case legal action becomes necessary. 



I told them they must return the completed form along with copies of all requested information, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 30 calendar days from the date of receipt of this letter. I told them their claim can not and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. 



They responded and sent me a copy of an agreement which is not what i requested or what constitutes as validation of debt according to the law. Midland credit management is in clear violation of several laws. 



Under 15 USC 1681b - permissible purpose of consumer reports, THE LAW CLEARLY STATES : ( b ) IN GENERAL Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the WRITTEN INSTRUCTIONS OF THE CONSUMER to whom it relates. 



>>I did not give written instruction to Midland credit management to furnish any information on my credit report and they were not able to furnish proof that i gave them permission to do so. Under 15 USC 1692g They were to notify me of this in writing 5 days prior to address ownership, publication and validation of the alleged debt. I was not. As the original creditor, only I can validate a debt. I do not validate this debt. 



The reporting of this account is a violation of 15 USC 1681, and the Fair Credit Reporting Act.

[ 15 USC 1681 ( a ) ( 2 ) ( B ) ] : ( 2 ) EXCLUSIONS.Except as provided in paragraph ( 3 ), the term consumer report does NOT include ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a CREDIT CARD or similar device; Under the Truth in Lending Act 15 USC 1602 ( g ), CREDI
T CARD is defined as the following : The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. 



>>This makes my social security card, drivers license/ID, and license plate credit cards because they were used for the extension of credit and or property. 



Under The FAIR CREDIT REPORTING ACT 15 USC 1681 ( 2 ) ( a ) ( i ) Exclusions from a consumer credit report clearly states : ( 2 ) EXCLUSIONS.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) Subject to section 1681s-3 of this title, any ( i ) report containing information solely as to transactions or EXPERENCES between the consumer and the person making the report ; >>Since the validation period began, not only has collection activities continued, the alleged debt and its experiences have remained on my credit report. Transactional history and payments/experiences are not apart of a report. This agency is in direct violation to 15 USC 1681. 



According to the Gramm-Leach-Bliley Act XXXX XXXX. XXXX XXXX. XXXX, XXXX XXXX. XXXX, codified in relevant part primarily at 15 U.S.C. XXXX, XXXX Title V, subtitle A, of this Act ( 15 U.S.C. 6801 et seq. ) requires the FTC, along with the Federal banking agencies and other regulators, to issue regulations ensuring that financial institutions protect the privacy of consumers ' personal financial information. Such institutions must develop and give notice of their privacy policies to their own customers at least annually ( except where exempted under section XXXX of the Fixing America 's Surface Transportation Act ( FAST Act ), XXXX. XXXX XXXX. XXXX, XXXX XXXX. XXXX, codified at 15 U.S.C. 6803 ( f ) ), and before disclosing any consumer 's personal financial information to an unaffiliated third party, and must give notice and an opportunity for that consumer to " opt out '' from such disclosure. 



>>They have violated this law along with many others as well because they have disclosed my personal financial information to unaffiliated third party 's such as XXXX, XXXX, XXXX and Lord knows who else without notice, consent or an opportunity to opt out.