Consumer complaint received 2025-01-21 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: ENCORE CAPITAL GROUP INC.
State: PA

Complaint narrative:
Dear CFPB, I am submitting this complaint regarding Midland Funding for significant violations of federal consumer protection laws, including the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ), as well as actions related to identity theft. 

Background 1. Fraudulent Account : The account in question is not mine. I am the victim of identity theft, and any claims that I owe this debt are fraudulent. 
2. Failure to Notify or Provide Verification : Midland Funding claims they mailed correspondence to me on XX/XX/year>, but I never received any such communication. This lack of notice and verification violates my rights under the FDCPA. 
XXXX. Violation of Cease-and-Desist Request : I explicitly requested Midland Funding to cease all communication and media activity regarding this fraudulent account. While they claimed they would cease contact, they continue to report negatively on my credit report. This is in direct violation of the FDCPA. 
4. Illegal Purchase of Account : If this account were legitimate ( which it is not ), Midland Funding violated my rights by purchasing an account without my knowledge or consent, which is illegal under federal law. Whoever sold the account is also in violation for unauthorized use and sale of my personal information, constituting identity theft. 
5. Data Breach Contribution : The breaches at XXXX and XXXX have further exacerbated the identity theft issue, allowing my information to be misused in this manner. 

Applicable Laws and Violations 1. Fair Credit Reporting Act ( FCRA ) Unverified Reporting : Under the FCRA ( 15 U.S.C. 1681s-2 ), companies are prohibited from furnishing inaccurate or unverified information to credit reporting agencies. Midland Funding has reported a debt without verifying its validity or ensuring it is accurate.

Failure to Investigate Disputes : The FCRA requires a thorough investigation of disputes. Midland Funding failed to conduct a proper investigation or provide evidence of the accounts legitimacy. 
Damaging Credit Reporting : Their continued reporting of this fraudulent account has harmed my credit profile without proper documentation or verification, violating my rights under the FCRA. 

2. Fair Debt Collection Practices Act ( FDCPA ) Failure to Provide Debt Validation : Midland Funding failed to provide proof of the debt upon request, violating FDCPA requirements under 15 U.S.C. 1692g. 
Violation of Cease-and-Desist Request : Despite agreeing to my request for a cease and desist, Midland Funding continues to report negatively to credit bureaus, violating 15 U.S.C. 1692c ( c ). 
Unfair and Deceptive Practices : By pursuing a debt resulting from identity theft, they are engaging in unfair and deceptive practices prohibited under 15 U.S.C. 1692d-f.

3. Identity Theft and Privacy Protections Illegal Use and Sale of Information :
Midland Funding and the original creditor, whoever they may be, violated my rights under privacy laws by buying and selling my information without consent. This constitutes identity theft under the Identity Theft and Assumption Deterrence Act ( 18 U.S.C. 1028 ). 
Data Breach Contribution : The XXXX and XXXX breaches, which enabled my personal information to be accessed and misused, highlight systemic issues that require investigation and enforcement. 

I have disputed with XXXX and XXXX several times and no one has yet to remove this account as it doesnt belong to me. 

Also the reason I may not have received the letter on XX/XX/XXXX is because you may have the wrong address!!!! My whole credit file is incorrect! And with having my identity stolen the thief may not have the right address

Company response to consumer: Closed with non-monetary relief