Consumer complaint received 2023-08-13
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. (WA)

My name is XXXX XXXX XXXX, a federally protected consumer, and I am making this complaint against MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP, for their abusive, deceptive, and unfair collection practices in the collection of extensions of credit. In a conspiracy with the consumer reporting agencies to cause a restraint of trade and commerce, this debt collector has engaged in racketeering activity. I have never given this company any consent to be in possession of my nonpublic personal information. I disaffirm any alleged agreement or contract between I, the consumer, and the original creditor, whether implied or explicit. This account is a billing error. Please provide me with documentary evidence of the obligors indebtedness. 

As a federally protected consumer, I am making this complaint against MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP, for committing identity theft. I have never given MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP, any permission to use any of my identifying information to commit mail fraud by contacting me about an alleged debt they claim I owe. I am aware that in accordance with Article 9, the assignment of a defaulted note is illegal. Both the assignee and the assigned are both liable for violations under 15 U.S. Code 1692e ( 12 ). 

I have not validated any alleged debt with MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP and my failure to dispute the validity of the alleged debts shall not be construed as an admission of liability pursuant 15 USC 1692g ( c ). As of XX/XX/2023, I have not received any documentary evidence, such as a trilateral contract, giving MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP any right to collect on this alleged debt. 

I have never received any documentation requesting validation from MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP, before they committed multiple violations under FCRA and the FDCPA by furnishing this alleged debt to my consumer report, including but not limited to 15 USC 1692d ( 4 ) which the FTC defines as debt parking. If MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP, can not provide me proof such as a tracking number that they attempted to lawfully validate this alleged debt with me, the consumer, prior to furnishing it on my consumer report, this has been a fraudulently furnished account with forethought and malice as an attempt to bring harm to me and my financial reputation. 

This company is in violation of the false claims act and is jeopardizing my consumer credit reputation with other financial institutions by fraudulently furnishing this alleged debt to coerce payment. Any payments made or future payments are a result of threat, duress, and coercion, due to undue influence. 
I am legally refusing to pay this debt pursuant to 15 U.S. Code 1692c ( c ). I am demanding a cease and desist of all illegal activity, any communication and collection activity, of this and any alleged debts until MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP, can provide me with sufficient documentary evidence that I have any legal obligation to pay them. If this documentary evidence can not be produced and MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP, continues its collection efforts, I will file for litigation for actual damages caused and MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP, shall be liable for violations of TILA, FCRA, GLBA, CFPA, the Sherman Antitrust Act, Robinson-Patman Act, Clayton Act , FTC ACT, and RICO Act. MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP shall be held accountable for actual damages caused, and shall be held criminally liable for aggravated identity theft pursuant to 18 USC 1028A, extortion, theft by deception, securities fraud, and mail fraud. 

Upon the receipt of the documents herein and of this notice, you are hereby notified Pursuant UCC 1-202f. Your prompt attention and response are both requested and required.