Consumer complaint received 2024-02-13
Product: Debt collection — I do not know
Issue: Written notification about debt — Notification didn't disclose it was an attempt to collect a debt
Company: ENCORE CAPITAL GROUP INC. (TX)

I do not have a contract or account with midland credit management nor did I give midland credit management my detailed written permissible purpose to furnish information to my consumer report. This constitutes violations of the Fair Credit Reporting Act section 1681b subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person. This also violates the Gramm leach Bliley act 15 U.S.C 6802a ( b ) ( a ) ( b ) ( c ) which states ( a ) NOTICE REQUIREMENTS Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) OPT OUT ( 1 ) IN GENERAL A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. I must receive all 3 disclosures required by law and I did not receive such documentation which also violates the compliance procedures of the consumer reporting agency that are subject to law 15 U.S.C 1681e ( a ) ( b ) ( c ) which states ( a ) IDENTITY AND PURPOSES OF CREDIT USERS Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) ACCURACY OF REPORT Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. ( c ) DISCLOSURE OF CONSUMER REPORTS BY USERS ALLOWED A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report. I have provided clear and detailed explanation within this complaint constitutes Midland credit Management is in violation of the FCRA standards and guidelines and should be removed from my consumer report immediately. Done in good faith-all rights reserved-without prejudice-non assumpsit.