Consumer complaint received 2024-04-27
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Notification didn't disclose it was an attempt to collect a debt
Company: ENCORE CAPITAL GROUP INC. (NY)

Notice to Agent is notice to principal notice to principal is a notice to agent. I am contacting you because I have found some inaccurate information on my credit report. I recently reviewed my consumer report and noticed an undisclosed collection account from this company MIDLAND CREDIT MANAGEMENT with a balance of ( {$690.00} ). I am not aware of any disclosures that state, " I, have any obligation to pay this company '', nor have I received any notice that this company would open a collection on my consumer report. Consequently, the private information you are providing to my consumer report without Permissible Purpose is ILLEGAL. This unlawful reporting has significantly harmed my livelihood and reputation leading to credit denials. I hereby demand the immediate deletion and blocking of this fraudulent collection from my consumer report. Also, this account is inaccurately marked as " PAST DUE '', which is inaccurate because the account is CLOSED... In accordance with U.S. Code, 1006.34 " Notice for validation of debts, '' Please provide proof that I was sent the proper disclosures and notices required by Congressional laws and regulations in accordance. Additionally, I hereby assert that I have not provided a permissible purpose, as defined in U.S. Code 1681b, for your company to disclose my private information to third-party credit reporting agencies. Furthermore, I demand an IMMEDIATE CEASE AND DESIST. I do not provide consent for any further communication from this debt collection agency. As per 15 U.S Code 1692c ( b ), I do not give you CONSENT TO FURNISH TO ANY THIRD PARTIES, including any consumer reporting agencies. 15 U.S. Code 1692c - Communication in connection with debt collection ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after XXXX oclock XXXX and before XXXX oclock XXXX, local time at the consumers location ( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post-judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. I hereby insist that this account be promptly reported as " Under Dispute '' until its resolution. The illicit furnishing of this information to my consumer report has inflicted considerable distress and harm upon me. It is important to note that in accordance with U.S. Code 1006.14, any subsequent posting subsequent to my ( The Consumer ) notice to you ( person ) is a clear violation and which may provide a legal basis for consumer remedies. 1006.14 Harassing, oppressive, or abusive conduct. In general. A debt collector must not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt, including, but not limited to 15 U.S. Code 1692g - Validation of debts ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty days described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30 days referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30 days may not overshadow or be inconsistent with the disclosure of the consumer 's right to dispute the debt or request the name and address of the original creditor. Please be advised that the aforementioned collection is hereby also required to be validated through the provision of documented proof of my signature on a disclosure affirming my obligation to remit payment or provide a PURCHASE AGREEMENT between MIDLAND CREDIT MANAGEMEN and my original creditor to prove you now own this debt. The failure to provide proper validation of the debt and proof of notice of debt to the consumer will give rise to a legal cause of action for fraud and extreme identity theft. It is imperative that you adhere to the necessary procedures outlined by FDCPA to avoid any legal consequences. This collection needs to be permanently DELETED from my consumer report, as well as its closure. I must remind you that the Fair Credit Reporting Act explicitly guarantees my RIGHT TO PRIVACY and entitlement to an accurate credit report. Kindly reach out to me promptly with an appropriate update or any inquiries you may have. I have provided proof of inaccuracies below in case evidence is needed in court or otherwise. You are hereby on notice. Thank you for following the law,