Consumer complaint received 2024-11-19 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: ENCORE CAPITAL GROUP INC.
State: NY

Complaint narrative:
Pre-Arbitration Notice & Demand for Compensation Account Dear Midland Credit Management, I am writing to formally address multiple violations associated with the account referenced above, and to invoke my right to resolve this matter through arbitration. Additionally, I am demanding compensation for the violations under 15 U.S.C. 1681n ( a ) ( 1 ), with payment to be made via Electronic Funds Transfer ( EFTA ).

1. Summary of Violations Based on your handling of this account, I have identified several serious violations under the Fair Credit Reporting Act ( FCRA ), Fair Debt Collection Practices Act ( FDCPA ), and Federal Arbitration Act. These violations are as follows : - Failure to Provide Debt Validation Notice ( FDCPA 1692g ) : You did not provide me with an adequate opportunity to dispute the debt before reporting it or selling it to another entity. This violates my rights under 15 U.S.C. 1692g to receive verification of the debt.

- Inaccurate Reporting to Credit Agencies ( FCRA 1681s-2 ) : The account was reported to credit bureaus before I had the opportunity to dispute or verify the debt, violating 15 U.S.C. 1681s-2 ( a ) ( 3 ). Your failure to report accurate information constitutes a willful violation.

- Failure to Honor Arbitration Clause ( Federal Arbitration Act ) : Under the original credit agreement with XXXX XXXX Bank, I have the right to resolve this dispute via arbitration, which you have not respected. This failure to initiate arbitration is a breach of contract and is actionable under the Federal Arbitration Act ( 9 U.S.C. 2 ).

These violations entitle me to {$1000.00} per violation, totaling {$4000.00} for the XXXX identified violations. 15 U.S.C. 1681n ( a ) ( 1 ) makes clear that consumers are entitled to compensation for willful violations under the Fair Credit Reporting Act and Fair Debt Collection Practices Act. 

XXXX. Costs of Arbitration vs. Immediate Settlement While arbitration offers an efficient and legally enforceable way to resolve disputes, it does involve certain costs. However, arbitration is still a far more affordable option compared to the costs and risks of continued litigation. The average costs for arbitration include : - Filing Fees : Typically between {$150.00} and {$500.00} ( depending on the arbitration forum, such as AAA or JAMS ).

- Arbitrator Fees : Generally between {$300.00} to {$600.00} per day for the arbitrator 's time.

- Attorney Fees : Depending on the complexity, attorney fees for arbitration can range from {$1000.00} to {$5000.00}, though many arbitration clauses do allow for pro se ( self-represented ) arbitration, which reduces costs.

- Additional Costs : Miscellaneous fees for documentation, service of notice, and other minor expenses that might arise in arbitration.

However, in light of the {$4000.00} that I am entitled to due to your violations, I can resolve this matter immediately and without further financial burden to you, through a settlement by paying this amount directly to me as compensation.

3. Why Arbitration Is the Best Option Arbitration presents the best solution for both parties for several key reasons : - Cost-Effective : The total cost of arbitration ( including filing fees, arbitrator fees, and other expenses ) is often much less than the cost of continued debt collection and the risk of litigation.

- Time-Saving : Arbitration typically takes much less time than going through the court system, and matters can often be resolved in a matter of weeks.

- Binding and Enforceable : The result of arbitration is legally binding and enforceable in a court of law, meaning that if you fail to comply, I can quickly initiate legal enforcement of the award.

Therefore, arbitration is the most efficient and cost-effective solution, and I strongly prefer this route over ongoing debt collection practices that are in violation of my rights.

4. Demand for Compensation and Payment via EFTA In light of the violations mentioned above and the fact that arbitration remains my preferred option for resolving the dispute, I demand {$4000.00} in compensation for the violations detailed in the previous sections. This amount should be paid via Electronic Funds Transfer ( EFTA ), as outlined below. The payment should be sent directly to my account : Bank Name : XXXX XXXX XXXX XXXX Account Number : XXXX Routing Number:XXXX Account Type : Checking The Electronic Funds Transfer Act ( EFTA ) , 15 U.S.C. 1693, ensures that I am entitled to receive payment through this method, and the payment should be made within 30 days of this letter. If payment is not made, I will consider the matter unresolved and pursue further legal action, including initiating arbitration. 

5. Demands for Resolution In order to resolve this matter, I hereby demand the following actions be taken : 1. Payment of {$4000.00} in compensation for the violations listed above, via Electronic Funds Transfer to the account information provided. 
XXXX. Immediate removal of the collection account from all credit reporting agencies ( XXXX, XXXX, and XXXX, XXXX ), in accordance with 15 U.S.C. 1681s-2 ( a ) ( 3 ).

3. Cessation of all collection efforts related to this debt, including reporting and any further communication, until the matter is resolved via arbitration.

Company response to consumer: Closed with non-monetary relief