Consumer complaint received 2024-03-07
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. (TN)

Background : On XX/XX/XXXX, I contacted Midland to request debt validation and verification regarding an alleged debt. During this communication, I learned that Midland had already established a payment arrangement on the account despite my request for verification. Furthermore, I discovered that Midland had contacted my wife, who is a non-party to the alleged debt, and accepted a payment arrangement on her personal account without my consent or authorization. 

At that time, Midland 's representative informed me that the only way to modify this illegally constructed payment agreement was to admit to the debt and submit my payment information. I was informed that my wife 's payment was accepted on an override, meaning that this action was also a violation of company policy and practices. 

Under duress that my wife had now agreed to be sued by Midland-based on this unlawful agreement, I was forced to admit to the ownership of the debt to modify this payment arrangement. Deceptive and manipulative tactics were used, making this agreement likewise unenforceable. 

Additionally, on XX/XX/XXXX, I attempted to contact Midland to address these concerns. However, Midland representatives stated that they had no record of the account associated with my name and could not verify my account despite my efforts to clarify the matter using the number provided. ( This phone call was recorded ) The rep stated they have an account with, my wife, not me, despite me being the person listed. They could find no record of me in their system. 

Legal Analysis : The actions of Midland in this matter constitute multiple violations of the FDCPA, as outlined below : Unauthorized Contact and Payment Arrangement with Third Party ( 15 U.S.C. 1692c ) : Midland contacted my wife and accepted a payment arrangement in direct violation of 15 U.S.C. 1692c of the FDCPA. 

Disclosure of Debt to Third Party ( 15 U.S.C. 1692b ) : Midland disclosed information about the debt to my wife, a third party, thereby violating 15 U.S.C. 1692b of the FDCPA. 

Failure to Cease Collection Activities Upon Request for Verification ( 15 U.S.C. 1692g ) : Despite my request for debt validation and verification, Midland continued collection activities, including accepting a payment arrangement, in clear violation of 15 U.S.C. 1692g of the FDCPA. 

Misrepresentation and Confusion Regarding Accounts ( 15 U.S.C. 1692e ) : Midland representatives provided conflicting information about the accounts and failed to verify my account, constituting a violation of 15 U.S.C. 1692e of the FDCPA. 

This last point is a violation of a binding court order CFBP vs Encore 2020 that states in part Defendants and their officers, agents, servants, employees, and attorneys, and all other personnel in active concert or participation with them who have actual notice of this order whether acting directly or indirectly may not violate. 1692e. 

This bars the legal collection and filing of legal actions now that they have been shown to be violating that order.