Consumer complaint received 2024-11-30 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: FL

Complaint narrative:
Subject : Formal Complaint Regarding Alleged Debt 1. Dispute of Alleged Debt with Midland Credit Management XXXX XXXX, on accounts : XXXX ; XXXX ; XXXX I am filing this complaint to report potential identity theft and unauthorized collection attempts by Midland Credit Management XXXX XXXX, concerning XXXX accounts they allege I owe. Despite sending a formal written demand letter under the Fair Debt Collection Practices Act ( FDCPA ) 1692g, requesting validation of these debtsincluding the original application, contract, or any other evidence establishing my obligation to payMidland Credit Management XXXX XXXX has failed to provide adequate documentation to support their claims. 

Under 15 U.S. Code 1681e ( b ), credit reporting agencies and entities reporting consumer information are required to follow reasonable procedures to ensure maximum possible accuracy of information in consumer reports. Failure to verify these alleged debts, while continuing to pursue collection or report them negatively, violates my rights under both the FDCPA and the FCRA. 

The absence of proper validation and documentation indicates that these accounts may be fraudulent or erroneously attributed to me. I request CFPB assistance in investigating this matter and ensuring Midland Credit Management ceases all collection efforts and reporting activities related to these accounts until proper validation is provided. Additionally, I request guidance on protecting my credit and mitigating the impact of these unsubstantiated claims. 

I request CFPB assistance in ensuring MIDLAND CREDIT MANAGEMENT XXXX XXXX : 1. Conducts a thorough investigation of this dispute.

2. Removes the inaccurate eviction record from my consumer report.

3. Notifies all third parties who have accessed my report of this correction, as required under 15 U.S. Code 1681i ( d ).

Additionally, I seek guidance on how to protect my rights and recover from the damage caused by this inaccurate information.

Legal Standing Under 15 U.S. Code 1681 This case highlights significant concerns regarding compliance with the Fair Credit Reporting Act ( FCRA ) and related consumer protection statutes : 1. Accuracy and Verification of Information ( 1681e ( b ) ) : o Credit reporting agencies and entities reporting consumer data must maintain reasonable procedures to ensure maximum accuracy. Reporting unverifiable debts or eviction records directly violates this requirement.

2. Right to Dispute ( 1681i ) : o Consumers have the right to dispute inaccurate or incomplete information in their credit reports. Upon receiving a dispute, reporting agencies must investigate and resolve the matter within XXXX  days. Failing to address my disputes in a timely manner, as in these cases, violates this statute. 
3. Prohibited Practices ( 1681s-2 ( a ) ) : o Furnishers of information ( e.g., Midland Credit Management and third-party sources reporting to XXXX ) are prohibited from providing inaccurate information to credit reporting agencies and must correct or delete unverifiable information. 
XXXX. Identity Theft Protections ( 1681c-2 ) : o Consumers who suspect identity theft have the right to request that fraudulent accounts be blocked from their reports. The inability of Midland Credit Management and XXXX to validate these entries further supports the need for such protections in my case.

Company response to consumer: Closed with non-monetary relief