Consumer complaint received 2024-06-21
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: ENCORE CAPITAL GROUP INC. (AL)

REFERENCE COMPLAINT # : XXXX The company replied that this time barred debt was not due to be removed until XX/XX/XXXX. I remind the company that the law requires this debt to be removed " NO LATER THAN 7 YEARS FROM THE DATE THE ORIGINAL ACCOUNT FIRST BECAME DELINQUENT " That date was XX/XX/XXXX so this debt MUST BE REMOVED AS OF XX/XX/XXXX, this credit card was not opened by me and no payment was ever made on this debt as it was an unauthorized account The company stated in their reply to the above referenced complaint that : " Midland Funding, LLC ( Midland Funding ) on XX/XX/XXXX. Information provided by the seller, XXXX XXXX XXXX, XXXX, at the time of acquisition indicates this account originated on XX/XX/XXXX '' And that " A review of our records indicates that the statute of limitations has expired. However, please note that the passing of the statute of limitations does not extinguish the validity of a debt. Rather, it eliminates litigation as a potential remedy. The above-referenced account remains collectible, due, and owing. Similar to the statute of limitations, the expiration of the seven-year XXXX XXXX period also does not extinguish a debt. It only prevents the account information from being furnished to the credit reporting agencies '' However, the company states they will not remove the information from my credit report until XX/XX/XXXX, even though the credit reporting limit was up in XXXX of XXXX per their own statement. The FCRA states that selling the debt does not change the time barred limitation and the debt is only allowed to be reported on for 7 years from the date the ORIGINAL DEBT BECAME PAST DUE ( by their own statement XX/XX/XXXX ). Also it appears that this illegal and irresponsible reporting is a recurring issue with this company and they have had XXXX lawsuits against them from the CFPB regarding their repeated violations and their apparent intentional disregard of previous court orders. I do assert they have continued to act in violation of the order notated below, and they have refused to remove this time barred debt from my credit reports beyond the time allowed by law, as well as without informing me of my rights and without providing me with ANY of the mandatory disclosures required in the order below : COUNT I : VIOLATING THE CFPA BY VIOLATING THE ORDER 45. The Bureau incorporates the allegations set forth in 1-44 of this Complaint. 46. Under 1036 ( a ) ( 1 ) ( A ) of the CFPA, it is unlawful for covered persons, such as Encore, to " commit any act or omission in violation of a Federal consumer financial law. '' 12 U.S.C. 5536 ( a ) ( 1 ) ( A ). 47. The Order is an " order prescribed by the Bureau '' and is therefore part of " Federal consumer financial law. '' 12 U.S.C. 5481 ( 14 ). 48. Encore has violated the Order by : a ) suing consumers without possessing OALD required by 131 ( a ) of the Order ; b ) engaging in Legal Collections without first providing the disclosure required by 131 ( b ) of the Order ; c ) failing to provide OALD within 30 days of a consumer request, as required by 131 ( b ) of the Order ; d ) suing consumers on Time-Barred debts, in violation of 133 ( a ) of the Order ; and e ) collecting or attempting to collect Time-Barred debts without providing the disclosure required by 133 ( b ) of the Order. 
49. By violating the Order 's requirements, Encore committed acts or omissions that violated " Federal consumer financial law. '' Accordingly, Encore violated 1036 ( a ) ( 1 ) ( A ) of the CFPA.12 U.S.C . 5536 ( a ) ( 1 ( A ).