Consumer complaint received 2024-09-30
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: ENCORE CAPITAL GROUP INC. (FL)

Non-Compliance with the Gramm-Leach-Bliley Act ( GLBA ) 15 U.S.C. 6802 According to 15 U.S.C. 6802 ( b ), a financial institution such as Midland Credit Management must provide consumers with a clear and conspicuous notice explaining how they may opt out of the disclosure of their nonpublic personal information to third parties. Midland Credit Management has not provided any such notice, nor have they given me the opportunity to opt out of the disclosure of my personal information. 

This violates the requirements under 12 CFR 1016.4, which mandates an initial privacy notice be provided to consumers before any disclosure of nonpublic personal information occurs. Furthermore, 12 CFR 1016.7 provides that a consumer may exercise the right to opt out at any time, and that the financial institution must comply as soon as reasonably practicable. Midland Credit Management has neglected to inform me of this right and continues to disclose my information unlawfully to the CRAs. 

Failure to Obtain Consent for Reporting 15 U.S.C. 1681b ( a ) ( 2 ) Midland Credit Management, as well as XXXX, XXXX, XXXX, and XXXX, are furnishing and maintaining reports containing my personal information without my consent, in violation of 15 U.S.C. 1681b ( a ) ( 2 ). This section explicitly states that consumer reports may only be furnished in accordance with the written instructions of the consumer to whom it relates. At no time did I provide written or verbal consent for Midland Credit Management to report my information to these CRAs, and therefore, all reporting must cease immediately. 

Reporting Adverse Items Beyond Legal Limits 15 U.S.C. 1681c ( a ) ( 5 ) According to 15 U.S.C. 1681c ( a ) ( 5 ), CRAs are prohibited from including adverse information on a consumer report if it is older than XXXX years, except in the case of criminal convictions. Midland Credit Management has been reporting an adverse account that is both outdated and inaccurate, without regard for the seven-year limit established by law. This continued reporting is a direct violation of my rights under the FCRA. 

Negligence in Maintaining Reasonable Procedures 15 U.S.C. 1681e ( b ) The CRAs ( XXXX, XXXX, XXXX, XXXX ) have failed to maintain reasonable procedures designed to avoid violations of 15 U.S.C. 1681c. Despite numerous disputes, they continue to include inaccurate, outdated, and incomplete information provided by Midland Credit Management in my credit report, without conducting a thorough investigation or ensuring the accuracy of the data. 15 U.S.C. 1681e ( b ) obligates these agencies to maintain the accuracy of the information they report, which they are neglecting in this case.

Opting Out of Reporting 12 CFR 1016.7 I am formally invoking my right to opt out under 12 CFR
1016.7. I do not consent to any further reporting or disclosure of my personal information by Midland Credit Management or the CRAs ( XXXX, XXXX, XXXX, XXXX ). As stipulated by law, Midland Credit Management must cease reporting this information immediately and notify the CRAs to remove this data from my credit report. 

Conclusion Midland Credit Management is in clear violation of federal laws that protect consumers from inaccurate reporting and unauthorized disclosure of nonpublic personal information. They have failed to ensure the accuracy of their reporting, provide necessary privacy notices, and respect my right to opt out of their reporting practices. The CRAsXXXX, XXXX, XXXX, and XXXX also failing to uphold their responsibilities under the FCRA by not maintaining reasonable procedures to ensure the accuracy of the information provided to them by Midland Credit Management. 

I request that Midland Credit Management immediately cease furnishing any information regarding my accounts to the CRAs and that the CRAs remove all inaccurate and outdated information related to Midland Credit Management from my credit report. I also request confirmation that Midland Credit Management has complied with this opt-out request. 

Thank you for your attention to this matter