Consumer complaint received 2024-08-24
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: ENCORE CAPITAL GROUP INC. (CA)

To whom it may concern : I am writing to file a formal and urgent complaint against Midland Credit Management ( MCM ) regarding their egregious failure to comply with legal requirements for debt validation. MCM claims to own a debt originally owed to XXXX XXXX XXXX XXXX with an account number ending in XXXX, and referenced under MCM account number XXXX. Despite my repeated requests for validation, MCM has only provided outdated statements from the original creditor, failing to meet the required legal standards.

Violation of Legal Obligations : Federal Law Violations : o Fair Debt Collection Practices Act ( FDCPA ) Section 809 ( a ) : MCM has not provided the necessary validation of the debt as required by this section, constituting a clear violation of federal law.

o FDCPA Section 809 ( b ) : MCM is obligated to cease all collection activities until they provide proper validation. Their continued collection efforts, despite their failure to validate the debt, are unlawful and in direct violation of this provision.

CFPB Regulations and Rules : Regulation F ( 12 CFR Part 1006 ) : This regulation implements the FDCPA and provides specific rules on debt collection practices. It includes provisions on the validation of debts and the requirement for debt collectors to provide written verification upon request. Failure to comply with these requirements is a violation of Regulation F.

Consumer Financial Protection Act ( CFPA ) : Section 1031 ( 12 U.S.C. 5531 ) : This section prohibits unfair, deceptive, or abusive acts or practices in connection with the collection of debts. Failing to validate a debt and continuing collection activities without proper verification can be deemed an unfair or deceptive practice under this provision.

State Law Violations : California Civil Code Section 1788.17 : This law mandates compliance with FDCPA requirements. MCMs actions are in violation of this state law, demonstrating a disregard for both federal and state regulations.

Califor

nia Civil Code Section 1788.52 : According to this section, MCM must stop collection efforts if they fail to validate the debt upon request. Their ongoing collection attempts without valid documentation breach this statute. Proof of Chain of Ownership : Fair Debt Collection Practices Act ( FDCPA ) Section 809 ( a ) and Regulation F ( 12 CFR Part 1006 ) : These laws require that debt collectors provide evidence of their right to collect the debt, which includes documentation proving the chain of ownership or assignment of the debt.

California Civil Code Section 1788.10 - 1788.16 : These sections mandate that debt collectors must furnish details that establish their right to collect the debt, including proof of the chain of ownership or assignment. 

Given the serious nature of Midland Credit Managements ( MCM ) violations, I request the following actions : 1. CFPB Enforcement : Take strong and decisive action against MCM for their non-compliance with federal and state debt validation requirements.

2. Monetary Penalties : Impose a penalty of {$1000.00} per violation on MCM, as mandated by law. 
3. Cease Collection Activities : Direct MCM to immediately halt all collection activities related to this debt. 
XXXX Credit Report Correction : Ensure MCM removes any negative reporting from my credit report associated with this debt. 

I trust that the CFPB will address this matter with the urgency and seriousness it warrants. Thank you for your prompt attention to this issue. 


Sincerely, XXXX XXXX