Consumer complaint received 2024-04-16
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: ENCORE CAPITAL GROUP INC. (CA)

Dear Sir/Madam, I am writing to file a formal complaint with the Consumer Financial Protection Bureau ( CFPB ) concerning the egregious violations of consumer protection laws by XXXX  and Midland Credit Management . This complaint pertains to their actions in relation to a debt collection matter, where both entities have flagrantly disregarded both state and federal laws governing consumer rights and debt collection practices. 

Enclosed with this letter, you will find a copy of the arbitration clause from the contractual agreement entered into between myself and XXXX. This agreement unequivocally outlines the terms under which disputes are to be resolved, stipulating that all claims, including those related to debt collection, must be settled through binding arbitration. Moreover, it expressly mandates that the XXXX XXXX XXXX ( XXXX ) governs the arbitration process. 

However, in blatant disregard of these contractual obligations and in violation of the XXXX, XXXX purportedly sold the debt in question to Midland Credit Management without adhering to the arbitration process outlined in our agreement. This egregious breach of contract by XXXX has effectively stripped me of my rights under the arbitration clause and has denied me the opportunity to seek resolution through the agreed-upon arbitration process. 

Furthermore, Midland Credit Management 's subsequent attempts to collect the debt, predicated upon the illegitimate acquisition of the debt from XXXX, constitute a clear violation of both state and federal laws governing debt collection practices. Their actions not only disregard the terms of the arbitration clause but also infringe upon my rights as a consumer under California consumer protection laws. 

I believe that the conduct of both Citicard and Midland Credit Management represents a flagrant disregard for consumer rights and a blatant violation of the following laws : XXXX XXXX XXXX ( XXXX ) : XXXX 's failure to abide by the arbitration process outlined in the contractual agreement constitutes a direct violation of the XXXX. 

California Consumer Protection Laws : XXXX 's breach of contract and Midland Credit Management 's subsequent attempts to collect the debt without legal basis likely contravene numerous provisions of California consumer protection laws designed to safeguard consumers from predatory and deceptive practices. 

California Debt Collection Laws : Midland Credit Management 's actions XXXX also run afoul of specific California laws governing debt collection practices, including but not limited to the California Fair Debt Collection Practices Act ( XXXX ). 

In light of the gravity of these violations, I am urging the CFPB to conduct a thorough investigation into the conduct of XXXX and Midland Credit Management and take swift and decisive action to hold them accountable for their transgressions. I implore the CFPB to ensure that appropriate sanctions are imposed and that measures are taken to rectify the harm caused to consumers. 

I expect and demand a comprehensive response from the CFPB regarding the outcome of their investigation and the steps taken to address these violations. Additionally, I reserve all rights to pursue further legal remedies available to me under the law to seek redress for the harm and inconvenience caused by the actions of XXXX and Midland Credit Management. 

Thank you for your attention to this urgent matter. 

Sincerely, XXXX XXXX