Consumer complaint received 2024-11-16 00:00:00
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: ENCORE CAPITAL GROUP INC.
State: IA

Complaint narrative:
1681b Law Due to the data breach leaking over XXXX XXXX social security numbers I could be a victim of identity theft and fraud and I have a few accounts that I have no knowledge of and they are affecting my credit report it is illegal to report inaccurate information. I Am demanding that these accounts be removed immediately upon reading this complaint. I have also attached my identity theft report as well. In accordance with the Fair Credit Reporting act. The List of accounts has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681b permissible purposes of consumer reports. 15 U.S.C. 1681s-2 ( A ) ( 1 ) 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. In accordance with the Fair Credit Reporting act has violated my rights. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions. I have no knowledge of these companies and they shouldnt be reporting as I never gave permission for the reporting per Section 1681a -I sent correspondence to the Credit Bureaus regarding this. I was never notified in writing per 15 U.S.C 1692ag prior to accounts being on my credit report, within 5 days. Moreover, these accounts violate debt collections, and abusive and unfair practices per section 1692f ( 1 ) adding additional amounts. 15 U.S. Code 1681b - Permissible purposes of consumer reports a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person. ) Privacy Act considerations. A delinquent debt may not be reported under this section unless a notice issued pursuant to the Privacy Act, 5 U.S.C. 552a ( e ) ( 4 ), authorizes the disclosure of information about the debtor to a credit bureau. The Privacy Act of 1974 is a federal law that governs our collection and use of records we maintain on you in a system of records. A system of records is any grouping of information about an individual under the control of a Federal agency from which information is retrievable by personal identifiers, such as name, social security number, or other identifying number or symbol. Under the Privacy Act, Federal agencies may not disclose information without consent unless certain exceptions apply to the disclosure. The Privacy Act provides protections to individuals in three primary ways. It provides individuals with : the right to request their records, subject to Privacy Act exemptions ; the right to request a change to their records that are not accurate, relevant, timely or complete ; and the right to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of their personal information. ( b ) CONDITIONS OF DISCLOSURE.No agency shall disclose any record which is contained in a system of records by any means of communica- tion to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record 15 U.S . This CFPB complaint has been filed to request pursuant to FCRA 605B ( 15 U.S.C. 1681c-2 ) that you, the reporting agency, block and remove information appearing on my consumer credit report that is the result of identity theft and fraud within 4 business days of you receiving this complaint. This fraudulent, inaccurate, and false information consists of : MIDLAND CREDIT MANAGEMENT These accounts have resulted in several fraudulent hard inquiries and fraudulent collections appearing on my consumer XXXX credit report. I've attached a list of the hard inquiries in question as well as a copy of the consumer XXXX credit report maintained by you which shows the aforementioned fraudulent items. I do not recognize the aforementioned accounts, collections, or hard inquiries as reported. The aforementioned accounts, collections, and hard inquiries appearing on my consumer credit report maintained by you were not opened, made, or initiated by me. All of the aforementioned accounts, collections, and hard inquiries are the result of identity theft and fraud. I have attached a copy of FTC Identity Theft Criminal Complaint # XXXX as proof from the US Federal Trade Commission that all of the aforementioned consumer credit accounts, collections, and hard inquiries are the result of identity theft and fraud.

Company response to consumer: Closed with explanation