Consumer complaint received 2024-07-02
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. (OH)

I am writing to formally dispute the inaccurate information that Midland Credit Management have reported to the consumer reporting agencies regarding accounts that have not been verified : Accounts : Midland Credit Management : XXXX Midland Credit Management : XXXX Midland Credit Management : XXXX I check my consumer report weekly. It has come to my attention that they have reported these collection account as an open account and are misrepresenting yourselves as the original creditor. This is a violation of the Fair Debt Collection Practices Act ( FDCPA ), specifically 15 U.S.C. 1692e, which prohibits false, deceptive, or misleading representations in connection with the collection of any debt. The relevant sections state : > " A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section :... 
> ( 2 ) The false representation of > ( A ) the character, amount, or legal status of any debt ; or > ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. '' By reporting this collection account as an open account and misrepresenting yourselves as the original creditor, you are providing false information about the character and legal status of the debt. Additionally, this is a violation of the Fair Credit Reporting Act ( FCRA ), which mandates that all information reported to credit bureaus be accurate and complete. 

Further, I previously requested verification of this account by mail, as is my right under the FDCPA. To date, you have failed to verify the accuracy of this account. According to 15 U.S.C. 1692g ( b ) : > " If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. '' Since you have not provided the requested verification, you are required to cease collection activities and correct the erroneous information on my credit report. I demand that you immediately delete this account from my credit report and cease any further misrepresentation of this debt. 

Failure to correct this violation promptly will leave me no choice but to file pursue legal action to enforce my rights under the FDCPA and FCRA. 

Please provide written confirmation within 10 days that the inaccurate information has been deleted from my credit reports. I expect that you will take this matter seriously and address it with the urgency it deserves. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, OH XXXX