Consumer complaint received 2024-05-22
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: ENCORE CAPITAL GROUP INC. (TX)

According to the Fair Credit Reporting Act 15 U.S. Code 1681 section 602 ( a ) ( 4 ) states, " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX and XXXX are consumer reporting agencies and I am the Consumer.

The third party creditor Midland
Credit Management , Inc. appears on the following consumer reports : XXXX date opened XX/XX/XXXX date reported XX/XX/XXXX balance amount {$5400.00}, XXXX date opened XX/XX/XXXX date reported XX/XX/XXXX balance amount {$5400.00}, and Experian date opened XX/XX/XXXX balance updated XX/XX/XXXX balance amount {$5400.00}. 
There is no contract between Midland Credit Management , IncXXXX and myself ( myself refers to name as provided within the attached OPT OUT letter, name deferred on this complaint form in keeping with privacy measures ), nor is there any contract novation in place between the original creditor XXXXXXXX XXXX XXXX, third party Midland Credit Management , Inc. and myself ( myself refers to name as provided within the attached OPT OUT letter, name deferred on this complaint form in keeping with privacy measures ) ; therefore I have no obligation with this non-affiliated third party Midland Credit Management , Inc . 
Per 15 U.S. Code 6802 section b ( 2 ) states, This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. Midland Credit Management , Inc. has not provided a contract with the original creditor stating they are contractually obligated to collect on the original debt on behalf of the original creditor.

15 U.S. Code 1681:604 section a ( 2 ) states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' I invoke my right to opt out at any time of my non -public personally identifiable financial information as defined in 15 U.S. Code 6809 4 ( a ) from being reported on and to credit reporting agencies from the third party Midland Credit Management , Inc .

Do see the enclosed attachments to this file : OPT OUT Letter, Refuse for Cause sent to to Midland Credit Management Inc., Cease and desist letter to Midland Credit Management Inc., Credit reports for XXXX, XXXX and XXXX showing both the original creditor XXXXXXXX XXXX XXXX XXXX charged off account and third party Midland Credit Management Inc. company that bought the charged off account.

Midland Credit Management , Inc. and the Consumer reporting agencies XXXX, XXXX and XXXX do not have my consent to furnish this information and they absolutely do not have my written consent. Any and all consent to XXXX, XXXX, XXXX and Midland Credit Management , Inc. whether it is verbal, non-verbal, written, implied or otherwise is revoked. As the consumer per 12 CFR 1016.7 ( g-i1 ) which states that, A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. This opt out shall be in effect for any past present and future endeavors of, between and through Midland Credit Management , Inc., XXXX, XXXX and XXXX pertaining to me ( me refers to name as provided within the attached OPT OUT letter, name deferred on this complaint form in keeping with privacy measures ) and any variations of the name.