Consumer complaint received 2024-10-30 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: ENCORE CAPITAL GROUP INC.
State: CT

Complaint narrative:
XX/XX/year> XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Re : Dispute of Debt Account : XXXX Dear MIDLAND CREDIT MANAGEMEN I am writing to formally dispute the validity of the alleged debt associated with the above account under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C . 1692g, the Fair Credit Reporting Act ( FCRA ), and applicable Uniform Commercial Code ( UCC ) laws. 

The debts in question were not discharged in XXXX but were instead canceled via IRS Form 1099-C, meaning they were written off as losses by the original creditors. Per IRS regulations, these canceled debts are considered income and can not be collected. Any attempt to collect on a canceled debt is a violation of federal law. 

It has come to my attention that unauthorized and uninformed financial documents were created and furnished using my nonpublic personal information without my knowledge or consent. 

This action is a violation of my rights under federal law, as it appears to be an attempt to extort payment for a debt that no longer exists and is now classified as personal income. 

Additionally, this alleged debt arises from an apartment rental lease associated with my former employers, which are not consumer credit transactions. As such, there is no permissible purpose for sharing my personal information with any third or fourth parties under the FCRA. 

Moreover, I was never presented with any privacy policy, nor given the option to opt out of having my information shared with other entities. Under XXXX regulations, consent can not be transferred or purchased without all original parties signing off on a new agreement. No such agreement exists in this case. 

I am invoking my rights under 15 U.S.C. 1692g to request validation of this debt, including a full breakdown of the original contract, proof of ownership, and any assignments of the alleged debt. 

Since the alleged debt is no longer valid, as it was canceled and reported as income, I revoke any implied consent for my personal information to be shared or furnished. I demand that you cease all collection activities immediately and stop reporting this false information to any credit reporting agencies. 

Furthermore, I consider this matter to involve potential identity theft, as my personal information was used without my authorization. Under the FCRA, I demand that you stop furnishing this inaccurate information to other financial institutions immediately. 

Please consider this a formal dispute and request for debt validation. Failure to comply with the laws referenced in this letter, including the FDCPA, FCRA, and UCC, may result in legal action against your company. 

I request a response confirming that you have ceased all collection activities and reporting of this erroneous information within 30 days of receipt of this letter. 

Sincerely, XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXXXXXX Cell XXXX

Company response to consumer: Closed with non-monetary relief