Consumer complaint received 2024-12-31 00:00:00
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: ENCORE CAPITAL GROUP INC.
State: CA

Complaint narrative:
Dear CFPB, I am filing this formal complaint against XXXX XXXX XXXX XXXX XXXX, a debt collection law firm representing Midland Credit Management , Inc. Their actions have violated multiple federal laws and caused undue stress, harassment, and violations of my consumer rights under the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ). 

Details of the Complaint : On XX/XX/year>, I received a letter from XXXX XXXX XXXX XXXX XXXX titled Notice of Intent to Sue and Incur Costs. The letter threatened legal action if the debt was not resolved within 10 days from the date of the letter. 

This deadline is unreasonable, as it fails to account for mail delivery times between XXXX, IL and XXXX XXXX, CA, effectively leaving me with little to no time to respond. This behavior appears to be a deliberate intimidation tactic in violation of 15 U.S. Code 1692e ( 5 ) for using false or misleading representations, including threats of actions that can not legally be taken. 

Prior to this I requested the first debt validation letter to them sent on XX/XX/year>. They responded with a letter dated XX/XX/year> but lacked all validation requirements. I then sent a second letter to them which was lost in the mail, sent on XX/XX/year>. They proceeded to send me another letter Dated XX/XX/year> which was received XX/XX/year>. I responded via express mail to meet their deadline but they violated my rights. 

Violations Identified : 1. Failure to Validate the Debt ( 15 USC 1692g ) I previously requested debt validation via certified mail, but XXXX XXXX XXXX responded with insufficient documentation that failed to verify the debt as required by law. 
Their response lacked : Original signed agreement. 
Itemized account statements proving the balance owed. 
Chain of custody of ownership for the debt. 
Proof of their right to collect this debt. 
2. Harassment and False Threats ( 15 USC 1692d and 15 USC 1692e ( 5 ) ) They issued a threat of legal action with a 10-day deadline, which was unreasonable and designed to coerce payment without allowing adequate time to dispute the debt.

Their language, stating they may continue collection efforts, further pressured and harassed me despite the lack of proper validation.

3. Misrepresentation of Address and Contact Information ( 15 USC 1692e ( 10 ) ) They initially had an incorrect address on file and only updated it when I provided my correct address during my dispute process.

The fact that they did not have accurate address information calls into question their record-keeping practices and their legal right to pursue this collection.

4. Violations of the Fair Credit Reporting Act ( FCRA ) Despite my dispute, this debt has been reporting negatively on my credit reports. 
XXXX and Midland Credit Management failed to properly investigate or report the debt as disputed to the credit bureaus as required by 15 USC 1681s-2 ( b ).

5. Failure to Provide Proof of Ownership and Chain of Title ( 15 USC 1692g ) They failed to include documentation proving that Midland Credit Management is the legal owner of the debt or that they had a legal right to collect it. 

Supporting Documents Attached : XXXX Initial Letter ( XX/XX/year> ) threatening legal action. 
Proof of Certified Mail Attempt showing my first dispute letter, which appears to have been lost in transit but demonstrates my attempt to comply. 
XXXX Validation Attempt showing incomplete documentation as evidence of their failure to validate the debt. 

Final Statement : This complaint is being filed because I believe XXXX XXXX XXXX has used deceptive, harassing, and unlawful tactics in their attempt to collect a debt that has not been properly validated. I request immediate action to investigate their conduct, stop further harassment, and remove inaccurate credit reporting. 

Thank you for your time and attention to this matter. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation