Consumer complaint received 2024-05-17 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: ENCORE CAPITAL GROUP INC.
State: TX

Complaint narrative:
Midland Credit Management is in clear violation of the law for contacting a consumer reporting agency on ( XX/XX/XXXX ) with my nonpublic personal information. I obtained a copy of my consumer report and noticed an inaccurate collection account reported with an alleged debt of {$920.00} owed to Midland Credit Management with XXXX late transaction with XXXX XXXX XXXX  listed as the original creditor. Please provide me with a copy of the original consumer agreement with my signature that makes me legally obligated to this alleged debt of {$920.00} owed to Midland Credit Management or XXXX XXXX. I have no legal responsibility to this debt and refuse to pay this alleged debt. XXXX XXXX Bank removed this credit card debt account from my credit reports before selling it to your company because the data furnished was unverifiable, inaccurate, and a direct result of IDENTITY THEFT as per 18USC 1028 ( A ). XXXX  months later, you are attempting to collect this same debt that you were ordered to cease and desist from because it has already been proven to be unverifiable and inaccurate. You proceeded with noncompliance to the law by parking this inaccurate collection account and violating the FDCPA & XXXX and REGULATION F which took effect on XX/XX/XXXX and demands removal. 
Furthermore, 15 USC 1681 ( 2 ) ( a ) ( i ) ; EXCLUSIONS FROM A CONSUMER REPORT clearly states how the LATE TRANSACTION you reported is illegal and excluded from my report -EXCLUSIONS except as provided in paragraph ( XXXX ), the term consumer report does not include ( a ) Subject to section XXXX ( section XXXX ) of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. 
This section states any transactions or experience between the consumer and the person making the report which is Midland Credit Management is excluded from my consumer report, indicating that this data reported is not supposed to be there, violating this section ; 15USC 1681 ( 2 ) ( a ) ( i ).

15USC 1666 ( b ) states, that creditors cant report a LATE Transaction unless the statement including the disclosure from XXXX ( b ) was mailed and received XXXX  days before the late transaction was reported. Please provide the original statement you sent that I received from you XXXX  days before the LATE `TRANSACTION in the month of ( XX/XX/XXXX ) was reported. According to 15USC 1666 ( b ) ; ( 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 XXXX ( b ) of this title is mailed or delivered to the consumer not later than XXXX  days before the payment due date. 

( b ) GRACE PERIOD If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than XXXX  days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. 
MIDLAND CREDIT MANAGEMENT VIOLATED 15USC 1681 ( B ), 15USC 1666 ( b ), 15USC 1681 ( 2 ) ( a ) ( i ), 15USC 1692 ( c ), 18USC 1028 ( A ) ,15USC 6802 ( B ) and the FDCPA & 10006.30a, REGULATION F to report this incomplete, unverifiable and inaccurate collection account on my consumer report on ( XX/XX/XXXX ). 
XXXXThe original creditor of this alleged debt XXXX  XXXX XXXX  removed the original account reported from all agencies contacted months ago, before attempting to sell this debt to the XXXX XXXX debt collector MIDLAND CREDIT MANAGEMENT that is not owed to either party because XXXX  XXXX could not prove my legal responsibility to this debt due to the data being a direct result of identity theft and this same debt has been reinserted as an inaccurate collections account which violates 15USC1681i ( B ).

Company response to consumer: Closed with explanation