Consumer complaint received 2025-03-11 00:00:00
Product: Debt collection — I do not know
Issue: Took or threatened to take negative or legal action — Threatened to sue you for very old debt
Company: ENCORE CAPITAL GROUP INC.
State: FL

Complaint narrative:
MIDLAND CREDIT MANAGEMENT XXXX XXXX XXXX  XXXX  XXXX XXXX XXXX, XXXX XXXX, CA XXXX VALIDATION AND PROOF OF CLAIM IS STILL REJECTED WILLFUL NONCOMPLIANCE Violation XXXX. ) trying to collect a charge off you dont have legal rights too. 
XXXX. ) Furnishing deceptive forms. 
XXXX. ) False and misleading representation Collection of extensions of credit by extortionate. 
XXXX. ) Violate my right to privacy. 
XXXX. ) Sharing non-public personal information. 
XXXX. ) Willful noncompliance. 
XXXX. ) threaten to sue 12 CFR part 1016.7 And I am now exercising my right to opt out! 
T o Whom it May Concern Last and final warning before I get my legal team involved. Your company is in direct violation of the FDCPA, TAX Regulations, PRIVACY ACT OF 1974 and the FCRA. I've exercised my right in the letter Ive sent your company by mail as well online. 
15 usc 1692 ( A ) ( C ) Communication in connection with a debt collection. ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt ( c ) Ceasing communication If 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 with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except ( 1 ) to advise the consumer that the debt collectors further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt. 
The Definition of the word Communication ( 2 ) The term communication means the conveying of information regarding a debt directly or indirectly to any person through any medium.

This report is a form of communication, your company is using XXXX, XXXX and XXXX as a medium to communicate to me about a debt I dont owe. 
Your company has no legal rights to a charge-off. As stated by the IRS, If your debt is forgiven or discharged, the debt is considered canceled for the forgiven or discharged amount that you no longer need to pay. Cancellation of a debt may occur if the creditor can't collect, or gives up on collecting, the amount you're obligated to pay. In general, if your debt is canceled, forgiven, or discharged, the amount of the canceled debt is taxable. If taxable, you must report the canceled debt on your tax. The key word in what the IRS definition of a charge off was you dont have to pay, so you can not attempt something that is canceled and written off as a tax deduction.

a Form 1099-C, means an applicable entity has reported an identifiable event to the IRS regarding a debt you owe.


Even if you didn't receive a Form 1099-C, you must report canceled debt as gross income on your tax return Schedule 1 ( Form 1040 ), line 8c, if the debt is a nonbusiness debt ; Code GDecision or policy to discontinue collection. Code G is used to identify cancellation of debt as a result of a decision or a defined policy of the creditor to discontinue collection activity and cancel the debt. For pur- poses of this identifiable event, a defined policy includes both a written policy and the creditor 's established business practice.

15 U.S. Code 1692e - False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

( XXXX ) The false representation or implication that accounts have been turned over to innocent purchasers for value. 
26 CFR 1.6050P-1 - Information reporting for discharges of indebtedness by certain entities ( XXXX  ) No multiple reporting. If discharged indebtedness is reported under this section, no further reporting under this section is required for the amount so reported, notwithstanding that a subsequent identifiable event occurs with respect to the same amount. Further, no additional reporting.

( G ) A discharge of indebtedness pursuant to a decision by the creditor, or the application of a defined policy of the creditor, to discontinue collection activity and discharge debt. 
Your company XXXX can not mislead consumers in connection with any debt. XXXX can not make false legal form claims to sue for a debt your company dose not own. 
15 U.S. Code 1692i - Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall ( 1 ) in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.

( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.

Exhibit A is false documents trying to take me to court that is breaking the above federal law 15 usc 1692i ( B ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.

18 U.S.C 884- Collection of extensions of credit by extortionate means ( A ) whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means. ( 1 ) to collect or attempt to collect any extension of credit, or ( 2 ) to punish any person for the nonpayment thereof, shall be fined under this title or imprisoned not more than XXXX  years, or both.

This is now considered a certificate of indebtedness per the IRS and income can not be reported. 
On the consumer report this account is late payment. That is a direct violation 15 usc 1666B TIMING OF PAYMENTS ( a ) TIME TO MAKE PAYMENTS A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than XXXX  days before the payment due date.

The above referenced the FCRA and stated a creditor may not treat a payment on a credit card account late unless a statement was mailed to the consumer XXXX  days before the payment due date. Your company has not done any of these steps that makes the reporting of this late payment/past due a violation of my consumer rights.

I have a right to privacy and Per the Privacy Act of 1974 as a federally protected consumer I am now revoking any and all authorization I the consumer may have given a written, non written, verbal, and nonverbal per 5 U.S. Code 552a I am opting out of your reporting services. Per my right Privacy Act of 1974 and 12 CFR part 1016.7 1 Form of opt out notice to consumers ; opt out methods.

( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. 
( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.

XXXX, XXXX and XXXX are not affiliates of your company nor are they " bureaus. The only true credit bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. I have a right to privacy and Per the Privacy Act of 1974 as a federally protected consumer, Its only XXXX credit bureau The Dodd-Frank Act granted rulemaking authority under the FDCPA & FCRA to XXXX Consumer Financial Protection Bureau XXXX CFPB ) XXXX and, with respect to entities under its jurisdiction, granted authority to the CFPB to XXXX for and enforce compliance with the FDCPA & FCRA. 
15 U.S. Code 6809 - Definitions ( 5 ) Nonaffiliated XXXX  party The term nonaffiliated third party means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution, but does not include a joint employee of such institution.

I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. Per the FCRA as a federally protected consumer I am now opting out of any and all authorizations I the consumer may have given you writing unwritten verbal and nonverbal per 15 USC 6802.

15 usc 1681s2. Responsibilities of furnishers of information to consumer reporting agencies ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if- ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.

the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system In conclusion I have shown you and youre being put on notice that you are reporting inaccurate information, The information, is in fact inaccurate. The continued reporting of this inaccurate information is a clear violation of the Law 15 USC 1681 S-2 of your responsibilities as a furnisher of information.

You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to Cure and DELETE This Erroneous, Inaccurate account from my Consumer report XXXX XXXX and XXXX. 
15 usc 1681a ( 2 ) definition rules of construction ( 2 ) EXCLUSIONS.

Except as provided in paragraph ( XXXX ), the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; This explains that transaction ( payment history ) or ( experience ) chargeoff between the consumer ( me ) and the person ( business ) making the report does not go on a consumer report. Furthermore showing how illegal this account is according to the fair debt reporting act. 
I see that your company has been sued numerous times before for these same violations in XXXX XXXX. XXXX, XXXX XXXX. XXXX. XXXX XXXX. XXXX YOU HAVE XXXX Calendar days to DELETE THIS ACCOUNT FROM MY CONSUMER REPORTS. 
15 usc 1681n. Civil liability for willful noncompliance ( a ) In general A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

Any person who willfully fails to comply with any requirement imposed under this subchapter of- with respect to any consumer is liable to that consumer in an amount equal to the sum ( XXXX ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00}. 
Ill be sending a copy to the state attorney general, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX XXXX  XXXX, XXXX  XXXX My consumer XXXX  XXXX  XXXX  XXXX  XXXX XXXX XXXX XXXX. 
XXXX XXXX XXXX XXXX, FL XXXX XXXX  XXXX  XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX, XXXX  XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX for XXXX and XXXX XXXX  ( NCDA ) XXXX XXXX XXXX XXXX XXXX # XXXX XXXX  XXXX XXXX MO XXXX XXXX IRS IRS XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX, DC XXXX XXXX : XXXX.

Company response to consumer: Closed with non-monetary relief