Consumer complaint received 2024-10-12
Product: Debt collection — Credit card debt
Issue: Threatened to contact someone or share information improperly — Talked to a third-party about your debt
Company: ENCORE CAPITAL GROUP INC. (TX)

ATTN : XXXX XXXX XXXX Midland Credit Management XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXXXXXX XXXX  XXXX Subject : Formal Dispute of Charge-Off Collection Request for Removal Account Number : XXXX To Whom It May Concern, I am writing to formally dispute the accuracy of the charge-off collection reported on my credit file regarding the account referenced above. I believe this account has been inaccurately reported and is in violation of the Fair Credit Reporting Act ( FCRA ). Please treat this letter as my formal request for immediate verification and removal of the inaccurate information. 
In addition, I am deeply concerned that your company has violated Consumer Financial Protection Bureau ( CFPB ) regulations by unlawfully contacting my family members in reference to this debt. This is a clear violation of my privacy rights under Section 805 ( b ) of the Fair Debt Collection Practices Act ( FDCPA ), which restricts debt collectors from contacting third parties regarding a consumer & # 39 ; s debt, except for very limited purposes. 
Upon reviewing my credit report, I identified several discrepancies regarding this account : 1. Incorrect Reporting of the Charge-Off : According to Section 609 ( a ) ( 1 ) of the FCRA, XXXX have the right to request documentation verifying the validity of this account. Specifically, I am requesting that you provide copies of any documents bearing my signature that substantiate a legally binding contract with your company for this alleged debt. 
2. Failure to Provide Validation of Debt : Under the Fair Debt Collection Practices Act ( FDCPA ), Section 809 ( b ), you are required to validate the debt upon request. As of now, I have not received adequate validation from your company. If the debt can not be validated, this account must be removed from my credit report. 
I request that you either provide the necessary documentation or remove the account entirely. 
3. Inaccurate Reporting Dates : Section 623 ( a ) ( 5 ) of the FCRA mandates that charge-off accounts must be reported accurately regarding the date of first delinquency. Please review this account to ensure compliance. If the date of first delinquency is inaccurate or unverifiable, I request that this information be corrected or removed. 
4. Unlawful Re-aging of Debt : The FCRA prohibits the unlawful re-aging of delinquent accounts. The reporting period begins on the date of the first delinquency and should not be altered or reset to extend the reporting period. Please confirm the accuracy of the reported date and ensure that it has not been unlawfully changed. 
Given the issues I have highlighted, including the unlawful contact with my family members, I respectfully request that you investigate this matter and remove the erroneous information from my credit report. Should you be unable to substantiate the validity and accuracy of this charge-off, please instruct the credit reporting agencies to delete this account from my file. 
If you do not provide the requested validation within 30 days, I will escalate the matter by filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and my state & # 39 ; s Attorney General & # 39 ; s office. I will also consider all available legal remedies under the FCRA and FDCPA, including seeking legal action to enforce my rights. 
I kindly request a written response confirming the outcome of your investigation. Thank you for your prompt attention to this matter. 
Sincerely, XXXX XXXX