Consumer complaint received 2024-02-11
Product: Debt collection — I do not know
Issue: Communication tactics — Called before 8am or after 9pm
Company: ENCORE CAPITAL GROUP INC. (IL)

According to the Federal Trade Commissions Fair Debt Collection Practices Act Section 806. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. 
( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. 
( XXXX ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 ) 1of title 806. 
( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. 
( 6 ) Except as provided in section 1692b of title 806, the placement of telephone calls without meaningful disclosure of the caller 's identity. 
807. False or misleading representations 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 : ( 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. 
( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. 
( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter. 
( ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. 
( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 
( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. 
( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. 
( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value. 
( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization. 
I was contacted directly via phone call by a representative of Midland Credit Management and was greeted as XXXX XXXX, I received a phone call from a individual from my past who I have non related issues with stating that someone is constantly calling them asking them are they my wife in order to collected a debt. The information that Midland Credit Management is inaccurate. Ive submitted complaints before about this company and how they constantly infringe on my federally protected consumer rights and receive responses that has nothing to do with the actual issue. The fact that Midland Credit Management can call ex associates at XXXX clock on a Sunday morning and contact me and REFUSE to provide proof that I, XXXX XXXX actully have lawful business with Midland Credit Management is an attempt to continuously infinge on my federally proteced consumer rights. The inaccuracy in the informtion that they have attached to my account will prove that the consumer report that are furnished by Midland Credit Management would also be inacurate. I attached a recorded phone conversation that is clear proof of these federal violations of Harassment or abuse as describe above in pursuant to the FTC Fair Debt Collection Practices Act sections 806 and section 807. The FTCs Fair Debt Collection Practices Act Section 813 explains how each of these FEDERAL VIOLATIONS should be handled according to and including each violation. Knowing XXXX XXXX is operating according to the Federal law, Im insured that XXXX XXXX will handle this issue accordingly. In pursuant to section 813. Civil liability ( a ) Amount of damagesExcept as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of -- ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or XXXX per centrum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney 's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney 's fees reasonable in relation to the work expended and costs.