Consumer complaint received 2024-12-06 00:00:00
Product: Debt collection — I do not know
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: ENCORE CAPITAL GROUP INC.
State: GA

Complaint narrative:
XXXX XXXX Attention : Customer Service Midland Credit Management Attention : Customer Service Re : Dispute of False Reporting and Violations under the FCRA and FDCPA I am writing to formally dispute the inaccurate and unauthorized reporting of an account that I do not owe, which has been placed on my credit report by XXXXXXXX XXXX and Midland Credit Management ( hereinafter referred to as the Creditors ). I am asserting that these actions constitute clear violations of my consumer rights under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681-1681x, and the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692-1692p.

1. **False Reporting of Debt : ** The Creditors have reported an account that I do not owe. This false reporting is a direct violation of the FCRA, which mandates that all information provided to credit reporting agencies must be accurate and complete. Section 1681s-2 ( b ) of the FCRA imposes a duty on furnishers of information, such as XXXX XXXX and Midland Credit Management , to correct or delete any information found to be inaccurate after a dispute is raised. Additionally, the FCRA prohibits the reporting of information that can not be verified as accurate within a reasonable time. 

The account in question is not mine, and I have not entered into any agreement or contract with either XXXX XXXX or Midland Credit Management. I have formally disputed this with the credit reporting agencies, and your failure to properly investigate and verify the information constitutes a violation of my rights.

2. **Violation of the FDCPA : ** The actions taken by Midland Credit Management also violate the FDCPA. Under 15 U.S.C. 1692c, any indirect communication, including reporting inaccurate information to the credit reporting agencies without verifying it, is an infringement on my rights. Midland Credit Management has engaged in such indirect communication, which directly violates the provisions of the FDCPA, as this constitutes an attempt to collect on a debt that is not owed by me.

Further, under 15 U.S.C. 1692e, the FDCPA prohibits the use of any false, deceptive, or misleading representations in connection with the collection of a debt. Reporting inaccurate and unverifiable data to credit bureaus falls under this category. The FDCPA also prohibits a debt collector from misrepresenting the character, amount, or legal status of a debt. In this case, Midland Credit Management has done precisely that by reporting an account I do not owe.

3. **Case Law Precedent - Edeh v. Midland Credit Management : ** I would like to draw your attention to the case of **Edeh v. Midland Credit Management** ( 2014 ), in which the court found that Midland Credit Management violated the FDCPA by engaging in false reporting of debts that were not owed by the consumer. The court ruled that Midland Credit Management 's failure to properly investigate disputed debts and their use of deceptive practices when reporting inaccurate data to credit bureaus constituted violations of both the FCRA and the FDCPA. This case serves as a direct precedent in favor of consumers who face similar issues.

4. **Demand for Original Documentation : ** Pursuant to Federal Rule of Evidence 1002 and 1003, I request that you provide original, signed documents as evidence of the debt in question. If no original, wet-signed documents are available to verify the legitimacy of the debt, I demand that you cease reporting this false account to the credit reporting agencies.

5. **Remedy Requested : ** I request the following actions be taken immediately : - A full investigation into the reported debt with the credit reporting agencies and a correction of any false or inaccurate information.

- Removal of any and all accounts that do not belong to me or that can not be verified as accurate from my credit report.

- Written confirmation from both XXXXXXXX XXXX and Midland Credit Management that the account in question has been deleted from my credit report. 
- Provision of original documentation with a wet signature to verify the validity of the alleged debt, as required under federal law. 

Failure to correct these inaccuracies within 30 days will leave me with no option but to pursue further legal action, including but not limited to filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and state attorney general offices. I also reserve the right to pursue litigation under the FCRA and FDCPA for damages resulting from your violations. 

Please respond to this letter promptly with the requested information.

Company response to consumer: Closed with explanation