Consumer complaint received 2025-03-27 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: SC

Complaint narrative:
Consumer Financial Protection Bureau ( CFPB ) XXXX XXXX XXXX XXXX Washington, DC XXXX Subject : Formal Dispute Under XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX  XXXX Midland Credit Management ( Account # XXXX XXXX XXXX XXXX ) Dear CFPB Representative, I am formally disputing the reporting of an account associated with XXXX XXXX XXXX, now being collected by Midland Credit Management ( Account Number : XXXX XXXX XXXX XXXX ) on my credit report. This debt is not mine and was fraudulently opened in my name. I am requesting that this account be immediately investigated and permanently removed from all credit reporting agencies in accordance with the Fair Credit Reporting Act ( FCRA ) and XXXXXXXX XXXX XXXX XXXX

Legal Basis for Dispute & Rights Violation Under FCRA 15 U.S.C. 1681i, I have the right to dispute inaccurate information, and the data furnisher ( XXXX XXXX XXXXMidland Credit Management ) is legally required to conduct a reasonable investigation and correct or remove any unverifiable or erroneous data. 

Additionally, under 15 U.S.C. 1681s-2 ( b ), any data furnisher must verify the accuracy of the information they report to consumer reporting agencies ( CRAs ). 

This debt is impossible for me to have incurred, as I was XXXX  in XXXX XXXX from XX/XX/XXXX, until XX/XX/XXXX. During this period, I had no ability to open, use, or authorize any financial accounts. Any reporting of this account is a direct violation of federal consumer protection laws. 

Furthermore, under XXXX XXXX XXXX XXXX a data furnisher must ensure that only accurate, verifiable, and legally compliant information is reported to CRAs. XXXX XXXX XXXX  and Midland Credit Management have failed to adhere to these requirements, and their continued reporting of this account constitutes a violation of the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692e ( 8 ), which prohibits false or misleading credit reporting. 

Midland Credit Management Is Not the Original Creditor & Can not Report This Debt Midland Credit Management is not the original creditor and, therefore, has no legal authority to report this account on my credit report. Per 15 U.S.C. 1681b ( a ) ( 3 ), only parties with a permissible purpose can report or access my credit file. Midland Credit Management has not provided : A signed contract or agreement proving I authorized this account.

Verification that this account was legally incurred by me.

Proof that they have a lawful right to report this debt under the FCRA. 

Their failure to provide this information while knowingly reporting inaccurate data is a direct violation of my rights under FCRA 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ).

Resolution Required I request that the CFPB take immediate action to enforce compliance and demand that : Midland Credit Management cease reporting this fraudulent account immediately. 

All credit reporting agencies remove this account from my file. 

I receive written confirmation that this account has been permanently deleted. 

If this matter is not resolved promptly, I will pursue further legal action against XXXX XXXX XXXX, Midland Credit Management, and any CRA that continues to report this false debt for violations of my consumer rights under the FCRA, FDCPA, and applicable XXXX XXXX XXXX XXXX 

Thank you for your prompt attention to this matter. I expect a written response confirming the resolution of this dispute within 30 days as required by federal law. 

Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with non-monetary relief