Consumer complaint received 2024-12-18 00:00:00
Product: Debt collection — I do not know
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: ENCORE CAPITAL GROUP INC.
State: GA

Complaint narrative:
My credit report shows a reputed collection account XXXX AT {$6700.00} with MIDLAND CREDIT MANAGEMENT with different opening dates, balances, first date of delinquency, balance due, and/or last date of activities. I have never had an account with this company nor any record of any type of first notice of debt including rights to dispute from this company. And if I, by chance, even though I have no recollection nor tangible record, naively spoke with a representative of this company over the phone about this debt, I was not informed by that representative that I had a right to dispute this debt nor a specific timeframe to do so. 

15 USC 1692g 809. Validation of debts ( a ) Notice of debt ; contents states that within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector. Https : //www.merriam-webster.com/dictionary/receipt definition of the word receipt is- a writing acknowledging the receiving of goods or money ; proof, evidence. I have never signed nor received any type of acknowledgement receipt from a mailing service for any mail from this company. I am familiar with the Fair Debt Collection Practices Act ( FDCPA ). Had I signed a receipt of notice for the proper and legal documentation from this company, I wouldve immediately responded asking for lawful verification of debt or copy of court ordered judgement well within the lawful 30 days allotted. After receiving my response letter with receipt, this company would have to legally cease from collection attempts and remove the account from my credit reports until their proof of verification is sent back to me. This company has reported to my credit reports without observing the FDCPA laws. My credit has been impacted adversely because of this companys irresponsibility. 

My credit reports also show that MIDLAND CREDIT MANAGEMENT has provided this alleged account with inaccurate information. The FCRA requires that all data reported from the credit reporting agencies, creditors, or furnishers on a consumer 's report be 100 % ACCURATE, 100 % VERIFIABLE, and 100 % TIMELY. This means no data can be reported that can't be legally PROVEN to be 100 % accurate. 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. My XXXX, XXXX, and XXXX credit reports all show different open dates, balances, first date of delinquency, balance due, and/or last date of activities for this same exact account. Therefore making this alleged account full of inaccuracies. 

This is erroneous and flawed reporting that is listed on my credit reports. Not only did MIDLAND CREDIT MANAGEMENT not follow lawful FDCPA communications protocol, but it has also broken FDCPA False or Misleading Representations protocol as well. A debt collector, in collecting a debt, may not use any false, deceptive, or misleading representation. Specifically, a debt collector may not falsely represent the character, amount, or legal status of the debt, or of any services rendered, or compensation he or she may receive for collecting the debt. A debt collector may not communicate, or threaten to communicate, false credit information or information that should be known to be false, including not identifying disputed debts as such. Each of my 3 credit reports show different information instead of them all showing the exact same information. This is considered a false and misleading representation that this company has submitted to the credit reporting agencies. 

The Consumer Financial Protection Bureau ( CFPB ) has begun to aggressively litigate companies who continuously violate consumer laws. According to consumerfinance.gov, the Consumer Financial Protection Bureau ( CFPB ) took action against the nations two largest debt buyers and collectors for using deceptive tactics to collect bad debts. The Bureau found that Encore Capital Group and XXXX XXXX XXXX bought debts that were potentially inaccurate, lacking documentation, or unenforceable. Without verifying the debt, the companies collected payments by pressuring consumers with false statements and churning out lawsuits using robo-signed court documents. The CFPB has ordered the companies to overhaul their debt collection and litigation practices and to stop reselling debts to third parties. 
The CFPB found that Encore and XXXX XXXX XXXX attempted to collect debts that they knew, or should have known, were inaccurate or could not legally be enforced based on contractual disclaimers, past practices of debt sellers, or consumer disputes. The companies also filed lawsuits against consumers without having the intent to prove many of the debts, winning the vast majority of the lawsuits by default when consumers failed to defend themselves. These practices violated the Fair Debt Collection Practices Act and the Dodd-Frank Wall Street Reform and Consumer Protection Act. 

The website also stated that Encore and XXXX XXXX XXXX threatened and deceived consumers to collect on debts they should have known were inaccurate or had other problems, said CFPB DirectoXXXX XXXX XXXX. Now, the two biggest debt buyers in the market must refund millions and overhaul their practices. We will continue to take action to protect consumers from illegal and obnoxious debt collection practices. 

Just as the CFPB took action against the above companies, I am asking the CFPB to take action against this company as well. Please help me get this account removed immediately and conduct an investigation on this company. As a consumer, Im publicly publishing this descriptive complaint on consumerfinance.gov so that others can learn from my experience and so that this government agency can use this information to help work with other violations and complaints from consumers regarding this company. It is not my duty to provide evidence that this alleged debt is not mine. It is the legal obligation of the debt collector to first prove or provide proof of evidence that they can lawfully collect on any alleged debt before a consumer challenges it, accurately report to the credit agencies, and follow all FCRA and FDCPA laws. As of today, they have been very unsuccessful to do so.

Company response to consumer: Closed with non-monetary relief