Consumer complaint received 2023-08-31
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: ENCORE CAPITAL GROUP INC. (PA)

Subject : Demand for Monetary Relief for Violations of the Fair Debt Collection Practices Act ( FDCPA ) and Fair Credit Reporting Act ( FCRA ) Dear [ Midland funding ], I am writing to bring to your attention multiple violations of the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ) committed by your company in relation to the debt collection activities concerning the alleged debt referenced in your letter dated [ XX/XX/2023 ]. 

On XX/XX/2023, I received three unknown phone calls from your company, during which a debt collector stated that I owe money and that your company had purchased the debt. However, I have never heard of nor contracted with your company, and I dispute the validity of the alleged debt. The following FDCPA violations were made during the phone call : 1. Violation of 15 USC 1692c ( a ) ( 1 ) : Your company contacted me without obtaining prior consent, despite my phone number being listed on the National Do Not Call Registry.

2. Violation of 15 USC 1692d ( 5 ) : Your company engaged in conduct that was harassing, oppressive, or abusive by repeatedly calling me on the same day. 

3. Violation of 15 USC 1692d ( 6 ) : Your company engaged in conduct that was harassing, oppressive, or abusive by making false representations and misleading statements regarding the alleged debt.

4. Violation of 15 USC 1692e ( 2 ) ( b ) : Your company made false representations and misleading statements regarding the nature and legal status of the alleged debt.

5. Violation of 15 USC 1692e ( 6 ) ( b ) : Your company made false representations and misleading statements by falsely claiming that I had a contractual obligation with your company.

6. Violation of 15 USC 1692e ( 10 ) : Your company used false representations and misleading statements by falsely claiming that the alleged debt was owed and that legal action could be taken against me.

Furthermore, your letter dated [ XX/XX/2023 ] fails to address the violation of the FCRA 's requirements regarding the accuracy and verification of the alleged debt. The information provided in your letter does not sufficiently prove the validity of the debt, and I dispute the accuracy and legitimacy of the information provided. 

As a result of these violations, I am hereby demanding monetary relief for the damages and harm caused by your company 's non-compliance with the FDCPA and FCRA. The damages I have suffered include, but are not limited to : 1. Emotional distress and XXXX caused by the harassing and misleading debt collection practices.

2. Potential harm to my credit reputation and creditworthiness due to inaccurate reporting of the alleged debt. 

Based on the FDCPA and FCRA, I am entitled to seek actual damages, statutory damages, and reasonable attorney 's fees and costs. I demand compensation in the amount of [ {$200000.00} ] as monetary relief for the violations committed by your company. 

I expect a prompt response to this demand letter within [ 10 business days ] from the date of receipt. Failure to provide a satisfactory response or to offer appropriate monetary relief may result in further legal action to protect my rights under the FDCPA and FCRA. 

Please be aware that I am keeping a record of all correspondence and actions related to this matter. I am prepared to take necessary legal steps to ensure that my rights are upheld and that appropriate remedies are provided.