Consumer complaint received 2024-09-28
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: ENCORE CAPITAL GROUP INC. (CA)

Inaccurate and unlawful reporting of a collection account on my credit report. The continued reporting of this collection is a direct violation of my rights under federal consumer protection laws, specifically the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). I demand immediate action to correct these violations and have the collection account permanently removed from my credit report. 

Failure to Verify the Accuracy of Information ( FCRA Violation ) : Under Section 611 ( a ) of the Fair Credit Reporting Act ( 15 U.S.C. 1681i ), I have the right to dispute any inaccurate information on my credit report. Despite my previous disputes, the collection agency has failed to provide adequate verification of the debt. No documentation has been provided to prove that the debt is valid, that they have the right to collect it, or that it is being accurately reported.

The continued inaccurate reporting of this collection account is in violation of Section 623 of the FCRA, which requires furnishers of information to report accurate and complete information to credit reporting agencies.

Under the Fair Debt Collection Practices Act ( FDCPA ) Section 809 ( b ) ( 15 U.S.C. 1692g ), I am entitled to request verification of any debt being collected. The collection agency has failed to provide adequate proof that this debt is valid or that they have the legal right to collect it. This failure to validate the debt means that their continued collection efforts and reporting to the credit bureaus are unlawful.

The agency is engaging in false, deceptive, and misleading representations in violation of Section 807 of the FDCPA ( 15 U.S.C. 1692e ), which prohibits the use of any false representation in connection with the collection of a debt.

The collection account being reported contains numerous errors, including inaccurate amounts, false dates of delinquency, and incorrect creditor information. Under Section 605 ( a ) of the FCRA, any inaccurate or unverifiable information must be corrected or deleted from the credit report, yet the collection agency has failed to comply with this requirement.

The inaccurate reporting of this collection account has caused significant damage to my credit score and financial reputation, leading to unjustified denials of credit and financial distress. I demand that the CFPB immediately investigate this matter and take the following actions : Immediate Removal of the Collection Account : I request that the collection account be permanently removed from my credit report due to its inaccuracy and the failure of the collection agency to validate the debt.

Enforcement of FCRA and FDCPA Compliance : I request that penalties be enforced against the collection agency for their failure to comply with the FCRA and FDCPA.

Until the debt can be properly validated, the collection agency must cease all collection activities, including reporting to credit bureaus, as required by law.

Please provide me with updates on the steps that will be taken to resolve this complaint and the expected timeline for a resolution. Failure to address this issue promptly will result in further legal action to protect my rights.

Thank you for your immediate attention to this matter.