Consumer complaint received 2025-07-23 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: TX

Complaint narrative:
XXXX XXXX XXXX Beneficiary All Rights Reserved Without Prejudice UCC1-308 Void where prohibited by law C/O XXXX XXXX XXXX . 
XXXX, TX [ XXXX ] Midland Credit Management , Inc . 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX Re : Alleged Debt : XXXXXXXX XXXX XXXX XXXX XXXXXXXX MCM Account Number : XXXX To Whom It May Concern : I am in receipt of your letter dated XX/XX/XXXX, referencing the above-referenced account and demanding payment of {$3800.00}. Your letter threatens legal action and attorney review if I fail to respond by XX/XX/XXXX. 
Please be advised that this alleged debt is fraudulent as well as disputed. Furthermore, I have already filed complaints regarding this matter with both the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ) as you can see, due to concerns about the accuracy and legitimacy of the account being reported.

Your letter prominently displays urgent language such as ATTORNEY REVIEW PLANNED, FINAL NOTICE, and references potential legal consequences if I fail to respond. Such statements constitute unlawful overshadowing and false threats under Federal Law. Courts have consistently held that debt collection letters that falsely threaten imminent legal action, or that overshadow the consumers rights, violate the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq.

For Reference : Savino v. Computer Credit , Inc., 164 F.3d 81, 85 ( 2d Cir. 1998 ) : Overshadowing found where a debt collection letter demanded immediate payment and overshadowed the consumers right to dispute the debt within 30 days.

Russell v. Equifax A.R.S., 74 F.3d 30, 34 ( 2d Cir. 1996 ) : Threatening legal action in a way that overshadows validation rights violates 15 U.S.C. 1692g.

Bentley v. Great Lakes Collection Bureau, 6 F.3d 60, 6263 ( 2d Cir. 1993 ) : False threats of legal action where no attorney had been consulted violated the FDCPA.

If Midland Credit Management , Inc. has not retained legal counsel, does not genuinely intend to file suit, under Texas law, your threats of litigation are deceptive and violate : FDCPA, 15 U.S.C. 1692e ( 5 ), 1692e ( 10 ), 1692f, and 1692g Texas Debt Collection Act ( TDCA ), Tex. Fin. Code 392.301 ( a ) ( 8 ), 392.304 ( a ) ( 14 ) Texas Deceptive Trade Practices Act ( DTPA ), Tex. Bus. & amp ; Com. Code 17.41 et seq.

Pursuant to 15 U.S.C. 1692g ( b ), I hereby demand validation of this alleged debt.

Specifically, please provide to me in writing : 1. Agreement with your client that grants you the authority to collect on this fraudulent debt.

2. Agreement that bears my wet ink signature of the alleged debt wherein I agreed to pay the creditor and if not paid that I then had to pay Midland Credit Management INC.

3. Any insurance claims or 1099C that have been made by any creditor regarding this account.

4. Name and address of alleged creditor.

5. Name on file of alleged debtor.

6. Alleged account number.

7. Amount of alleged debt.

8. Date this alleged debt became payable.

9. Date of original charge off, write off or delinquency.

10. Verification that this debt was assigned or sold to Midland Credit Management INC.

11. Complete accounting of alleged debt on both the public and private side.

12. Commissions for debt collector of collection efforts that is successful.

13. The Chain of Assignment.

14.The Forward Flow Agreement.

Please bear in mind that as per FTC ( Federal Trade Commission ) opinion letter from Attorney XXXX XXXX XXXX, you should be aware that a printout of a bill or itemized document does not constitute validation or verification.

Until you provide full validation, you are prohibited from further collection activities, including reporting this debt to any consumer reporting agency, under both Federal and Texas law.

If you continue collection efforts without first validating this debt, or if you pursue legal action, I will pursue all remedies available under the FDCPA, the FCRA, the TDCA, the DTPA, and other applicable laws. Additionally, I will supplement my complaints with the CFPB and FTC, as well as consider private legal action in FEDERAL COURT, for claims for statutory damages, costs, and other fees. All further communications from your office must be in writing. 

Sincerely, XXXX XXXX XXXX, Beneficiary All Rights Reserved Without Prejudice UCC1-308 Void where prohibited by law

Company response to consumer: Closed with non-monetary relief