Consumer complaint received 2025-03-21 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: NY

Complaint narrative:
MIDLAND Credit Management XXXX, Michigan XXXX Subject : Formal Complaint & Demand to Cease Reporting Violation of the FDCPA & FCRA Dear Midland Credit Management, I am writing to formally dispute the debt you are reporting on my credit file and to demand its immediate removal. This debt is negatively impacting my ability to obtain credit and secure stable housing for my family. Your actions violate the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq., and the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq.

Violations of Federal Law Failure to Provide Notice of Debt ( 15 U.S.C. 1692g ) Under the FDCPA, a debt collector is required to provide written notice of a debt within XXXX days of initial contact, stating the amount owed, the creditor, and my right to dispute it. You failed to notify me, thereby denying me my legal right to validate or dispute the debt before reporting it to credit bureaus.

Failure to Assume the Debt is Invalid Without Verification ( 15 U.S.C. 1692g ( b ) ) Since I was never properly notified, you had no legal basis to assume the debt was valid or to report it to credit agencies. The law requires that a debt collector verify a disputed debt before continuing collection activities. By reporting the debt without providing verification, you have engaged in unfair and deceptive collection practices in violation of the FDCPA.

Unlawful Credit Reporting Under the FCRA ( 15 U.S.C. 1681s-2 ) Debt collectors are required to ensure that all information they furnish to credit bureaus is accurate, complete, and verifiable. Given that you failed to notify me of the debt or provide validation upon request, your reporting of this debt constitutes a willful and negligent violation of the FCRA. Courts have ruled in XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. 1997 ) that XXXX XXXX must conduct meaningful investigations of disputed debts. Your failure to do so is a direct violation of the law. 

Lack of Prior Consent & Violation of My Consumer Rights I never granted permission for you to collect or report this alleged debt. Any attempt to collect without prior notification and validation is considered an unfair collection practice under 15 U.S.C. 1692f, which prohibits the use of unfair or unconscionable means to collect a debt.

Demand for Immediate Action Due to the legal violations outlined above, I demand the following actions : Cease all reporting of this debt to the credit bureaus ( XXXX, XXXX, and XXXX ) immediately. 

Provide written confirmation within XXXX  days that this debt has been removed from my credit report. 

Cease all collection efforts, including phone calls, letters, or legal threats. 

Failure to comply will result in a formal complaint filed with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and my states Attorney Generals office. I am prepared to pursue legal action, including seeking damages under 15 U.S.C. 1681n and 15 U.S.C. 1681o, which provide statutory penalties for willful and negligent noncompliance with the FCRA. 

This letter serves as my formal notice of dispute and request for removal under the FCRA and FDCPA. I expect written confirmation of compliance within XXXX  days.

Company response to consumer: Closed with non-monetary relief