Consumer complaint received 2024-02-16 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: ENCORE CAPITAL GROUP INC.
State: NC

Complaint narrative:
Midland Credit Management [ XXXX XXXX XXXX, XXXX XXXX, CA XXXX ] Subject : Unauthorized Access and Collection Account on My Consumer Report Dear Midland Credit Management, I am writing to bring to your attention a matter of serious concern regarding the access and reporting of my consumer information by your agency. It has come to my knowledge that Midland Credit Management has gained access to my consumer report without obtaining my written permission, which contravenes the provisions of the Fair Credit Reporting Act ( FCRA ), specifically under Section 604. Furthermore, a collection account has been added to my consumer file without my authorization, violating my rights as per Section 623 of the FCRA, which stipulates the responsibilities of furnishers of information to consumer reporting agencies. This unauthorized access and addition of a collection account constitute a major breach of my privacy and raise serious concerns about potential identity fraud, as outlined in Section 621 ( a ) ( 2 ) of the FCRA, which emphasizes the importance of protecting consumer privacy. In addition to federal law, I want to highlight relevant sections of South Carolina state law. Pursuant to South Carolina Code of Laws Section 37-5-108, it is unlawful to engage in unfair or deceptive acts or practices in the collection of debts, including any conduct that may jeopardize the privacy or welfare of a consumer. Furthermore, under South Carolina Code of Laws Section 37-5-104, creditors and debt collectors are required to provide accurate and complete information to consumer reporting agencies, ensuring the integrity of consumer credit reports. I would like to emphasize that, even in the case of a permissible purpose, consumer consent is a necessity, as per Section 604 ( a ) ( 3 ) ( F ) ( i ) ( I ) of the FCRA, which I have not provided in this instance. I firmly assert that this collection account is unverifiable due to the lack of my written consent for its presence on my credit report. I request that, within 30 days of receiving this letter, Midland Credit Management promptly removes this collection account from my consumer file and expunges all of my personal data from your database, as mandated by Section 611 ( a ) ( 1 ) ( A ) of the FCRA. Additionally, I expect Midland Credit Management to communicate appropriately with the credit bureaus to ensure the deletion of this item from my credit report, as per Section 611 ( a ) ( 2 ) of the FCRA. Following the resolution of this matter, I request that all third-party communication and furnishing of my information cease immediately, in accordance with Section 604 ( a ) ( 3 ) ( F ) ( i ) ( II ) of the FCRA. Failure to comply with these requests within the stipulated 30-day timeframe will be considered willful noncompliance and may result in civil accountability for Midland Credit Management , as provided under Section 616 of the FCRA. Done in good faith.

Company response to consumer: Closed with non-monetary relief