Consumer complaint received 2024-07-26 00:00:00
Product: Debt collection — Medical debt
Issue: Communication tactics — You told them to stop contacting you, but they keep trying
Company: ENCORE CAPITAL GROUP INC.
State: IL

Complaint narrative:
Dear Sir/Madam, Subject : Formal Complaint Against XXXXXXXX XXXX and Midland Credit Management and Request for Investigation and Compensation I am writing to formally request an investigation into the practices of XXXXXXXX XXXX and Midland Credit Management ( MCM ) regarding the improper handling and sale of my private medical information. 

Background In XX/XX/year>, XXXXXXXX XXXX  charged off a debt related to a XXXX account. I was informed that I could settle this debt for {$900.00}, and I paid {$880.00} over the years. However, MCM is now requesting a balance of {$4300.00}, which I believe is incorrect. Despite my attempts to have this debt validated, MCM has failed to provide proper documentation. Instead, I was simply told over the phone that the debt was valid and authorized by XXXXXXXX XXXX XXXX. Following this, I made an agreement to settle the debt and paid {$880.00}. Since 2018, I have been harassed with letters and phone calls from MCM, causing significant financial and emotional distress, especially during the pandemic. 

Violations by XXXX XXXX Violations of the Health Insurance Portability and Accountability Act ( HIPAA ) XXXXXXXX XXXX disclosed my private medical information to MCM without my consent, which is a violation of HIPAA.

Violations of the Gramm-Leach-Bliley Act ( GLBA ) XXXX XXXX did not provide clear and conspicuous privacy notices or an opt-out opportunity before sharing my personal information with MCM, violating the GLBA.

Violations by Midland Credit Management Violations of the Fair Debt Collection Practices Act ( FDCPA ) Section 805 ( Communication in Connection with Debt Collection ) [ 15 U.S.C. 1692c ] : MCM has repeatedly mailed letters and made phone calls to me at inappropriate times, causing harassment.

Section 806 ( Harassment or Abuse ) [ 15 U.S.C. 1692d ] : The persistent and aggressive attempts to collect this debt have caused me significant distress.

Section 807 ( False or Misleading Representations ) [ 15 U.S.C. 1692e ] : MCM has not provided clear or truthful information about the validity of the debt.

Section 809 ( Validation of Debts ) [ 15 U.S.C. 1692g ] : MCM failed to provide proper validation despite my requests.

Supporting Legal Precedents and XXXX XXXX v. Midland Credit Management , Inc. : This case highlighted the necessity for MCM to provide clear documentation of the debts validity. Failure to do so can result in legal action against them. 
XXXX XXXX Midland Credit Management , Inc. : Demonstrated the importance of proper debt validation and adherence to FDCPA requirements. MCMs failure in this regard has been successfully challenged in court. 
CFPB Settlement with Midland : In a significant action, the CFPB settled with MCM, requiring them to pay consumer redress and a substantial penalty due to their deceptive practices, lack of proper documentation, and attempts to collect time-barred debts.

Company response to consumer: Closed with non-monetary relief