Consumer complaint received 2024-12-31 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: ENCORE CAPITAL GROUP INC.
State: AZ

Complaint narrative:
Pursuant to the Fair Credit Reporting Act ( FCRA ), specifically 15 USC 1681 and 15 USC 1681s-2, I am disputing the accuracy of the information reported regarding the following account. I request immediate correction or deletion of the inaccurate information. Additionally, I demand that you cease and desist from all forms of communication with me, including phone calls, emails, and letters, in accordance with 15 USC 1692c ( c ) of the Fair Debt Collection Practices Act ( FDCPA ). Below are the details of my dispute : Details of Dispute : Creditor/Collector : Midland Credit Management Account XXXX : XXXX Discrepancy : This account is listed as a collection account with a balance of {$1800.00}. The date of first delinquency ( XX/XX/XXXX ) is inconsistent across reports. Payment history reflects collection activity inaccurately without proper record of payments. 

Contract Breach : I am aware of a breach of contract with the original creditor, as they sold the debt to a third-party debt collector, thereby furnishing my personal information without proper notice or my consent. Additionally, I have been subjected to abusive practices throughout the debt collection process. I intend to hold the third-party collector liable for arbitration just as I would the original creditor.

Violations Identified : FCRA Violation : Under 15 USC 1681 ( a ) ( 2 ), the inaccurate reporting of delinquency dates and payment history causes harm to the integrity of the credit reporting system. Furthermore, the misrepresentation of payment activity and delinquency dates breaches obligations outlined in 15 USC 1681s-2 ( a ) ( 2 ), which prohibits the reporting of inaccurate information after notice of errors. 

FDCPA Violation : Cease and desist all communications in accordance with 15 USC 1692c ( c ). Additionally, the abusive debt collection practices violate protections under the FDCPA. 

Relevant Case Law : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ), the court upheld that reporting incorrect information is a violation of the FCRA. 

In XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ), the court emphasized the furnishers duty to investigate and correct inaccurate information. 

Request for Action : I request the following actions : Conduct a thorough investigation into the inaccuracies outlined above.

Provide me with a corrected report and written confirmation of the resolution.

If you find the information to be accurate, provide me with a detailed explanation and evidence supporting this conclusion.

Failure to correct this information will compel me to file a complaint with the Consumer Financial Protection Bureau ( CFPB ) and consider legal action to enforce my rights under the FCRA and FDCPA. 

Cease & Desist Notice : Effective immediately, cease all forms of communication with me as required under 15 USC 1692c ( c ).

Please confirm receipt of this dispute within five ( 5 ) business days and complete the investigation within the 30-day timeframe as stipulated under 15 USC 1681i . Failure to comply with these requests will result in further action.

Company response to consumer: Closed with non-monetary relief