Consumer complaint received 2025-04-19 00:00:00
Product: Debt collection — I do not know
Issue: Communication tactics — Used obscene, profane, or other abusive language
Company: ENCORE CAPITAL GROUP INC.
State: CA

Complaint narrative:
Midland Credit Management , Inc. 


RE : Cease Communication & Refusal to Pay Account Ending in XXXX To Whom It May Concern, This letter is a formal Notice to Cease and Desist Communication and a Refusal to Pay under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S. Code 1692 et seq., in connection with the alleged account ending in 4483, purportedly placed with your company for collection.

CEASE COMMUNICATION UNDER 15 U.S. CODE 1692c ( c ) You are hereby instructed not to contact me any further, whether by mail, phone, electronic communication, or otherwise. 15 U.S. Code 1692c ( c ) explicitly states that once a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication, the collector must cease all contact except to notify of specific legal actions. The term communication means the conveying of information regarding a debt directly or indirectly to any person through any medium including through my credit report. 

REFUSAL TO PAY UNDER 15 U.S. Code 1692c ( c ) This is also a formal Refusal to Pay the alleged debt. Any further contact or attempts to collect shall constitute a knowing and willful violation of the FDCPA.

COMMUNICATION DEFINED PER FDCPA Pursuant to 15 U.S. Code 1692a ( 2 ) : Communication means the conveying of information regarding a debt directly or indirectly to any person through any medium.

As such, any continued attempts to communicate with me regarding this alleged debtincluding via postal mail, phone calls, voicemails, text messages, or credit reportingshall constitute unauthorized and unlawful communication.

DEMAND FOR DOCUMENTATION & PROOF OF CLAIM You are required by law to produce the following, should you wish to substantiate your claim : The full chain of custody and assignment history for this alleged debt ; A certified true copy of the original, signed contract bearing my wet ink signature ; Identification and authorization credentials of the individual or entity who claims the right to collect or owns this account ; Proof of who authorized the acquisition of my personal and financial identity and under what legal authority ; Proof of consideration and lawful assignment under UCC Article 9 and applicable contract law.

NOTICE OF POSSIBLE CRIMINAL VIOLATION MAIL FRAUD Be advised that using the United States Postal Service to solicit funds based on an unverified, unsubstantiated debt may constitute Mail Fraud, a federal offense under : 18 U.S. Code 1341 Frauds and Swindles Whoever, having devised or intending to devise any scheme or artifice to defraud ... places in any post office ... any matter or thing to be sent or delivered by the Postal Service... for the purpose of executing such scheme ... shall be fined or imprisoned not more than 20 years.

POSSIBLE IDENTITY THEFT You are now on notice that any acquisition, use, or attempt to profit from my personal identity, financial account numbers, or consumer report data without consent is a potential violation of : 15 U.S. Code 1681b Permissible purpose for obtaining a consumer report, and Various state and federal identity theft statutes.

Please provide a written explanation detailing who authorized the purchase of my identity, including what legal grounds you believe justify the use of my private information without my prior written consent.

DEMAND TO CEASE CREDIT REPORTING IMMEDIATELY Further, you are to immediately cease and desist all negative reporting or furnishing of information to any Consumer Reporting Agency regarding this alleged debt. Failure to remove such tradeline ( s ) will be construed as willful noncompliance under : 15 U.S. Code 1681s-2, and 15 U.S. Code 1692e ( 8 ) ( prohibiting the communication of false credit information ).

NOTICE OF INTENT TO INITIATE ARBITRATION If you do not comply with the above requests and continue to communicate or report inaccurate or unverified information, I will initiate a binding Arbitration Proceeding and will seek : Statutory damages under the FDCPA and FCRA ; Injunctive relief ; Attorneys fees and costs, should it become necessary ; Compensatory and punitive damages for emotional distress and reputational harm.

This letter shall serve as your final notice and opportunity to cure prior to arbitration. Keep this letter for your legal department as it will be used as evidence of willful violation if proceedings commence. 

GOVERN YOURSELVES ACCORDINGLY. 

XXXX XXXX

Company response to consumer: Closed with non-monetary relief