Consumer complaint received 2024-12-04 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: CA

Complaint narrative:
I am filing this complaint against Midland Credit Management ( MCM ) for multiple violations of federal laws regulating debt collection, consumer protection, and privacy. These violations pertain to two accounts ( XXXX XXXX XXXX XXXXXXXX ) and have caused significant harm to my credit and peace of mind. 

Failure to Notify of Account Sale ( 15 USC 1692g and 15 USC 1601 ) : The original creditors, XXXX XXXX XXXX XXXX, failed to notify me that my accounts would be sold, denying me the opportunity to dispute or opt out. 
Midland Credit Management claims to have purchased the accounts and provided an email as evidence of notification about the sale. However, the email was from an unknown sender, and I never received it. I never consented to receive legal notices electronically, as required under the XXXX XXXX. 
Neither XXXX XXXX XXXXXXXX, nor MCM ensured that I received proper notice of the sale or my rights to dispute, as required under federal law. 
Continued Contact After Cease and Desist ( 15 USC 1692c ( c ) ) : I verbally requested that MCM cease all contact with me regarding this matter. Despite this, they continued their collection attempts, directly violating FDCPA regulations prohibiting communication after a consumer issues a cease and desist. 
Inaccurate Reporting to Credit Agencies ( 15 USC 1681s-2 ) : MCM reported inaccurate information about the debts to credit bureaus, violating the Fair Credit Reporting Act ( FCRA ), which mandates that information provided to credit reporting agencies must be accurate and verifiable. 

Breach of Privacy ( 15 USC 1692c and 15 USC 1681b ) : XXXX XXXX XXXX XXXXXXXX transferred my personal information to MCM without my consent or prior notice. 
MCM used and further shared my personal information inappropriately during their collection attempts, violating my rights under both FDCPA and FCRA. 

Coercive and Extortionate Practices ( 18 USC 894 ) : MCMs tactics, including continued contact after a cease and desist, reporting false information to credit agencies, and failing to validate the debts, were intended to pressure me into paying disputed and unvalidated debts. These actions constitute a bad-faith attempt to harm my credit unlawfully and may violate the prohibition against extortionate means to collect debts.

Supporting Evidence : Cease and Desist Notification : A copy of the letter sent to Midland Credit Management.

Debt Validation Request : A copy of my request for debt validation and proof of ownership. 
Midland 's Response : MCMs reply includes bills from XXXX XXXX and XXXX but fails to demonstrate proper notice of the debt sales or validation of the debts. They also provided an email allegedly notifying me of the debt sale, but the sender was unverified, and I never received or acknowledged the email. Neither XXXX XXXX, XXXX, nor MCM ensured that I received proper notice of the sale or my rights to dispute, as required under federal law. 
Credit Report Documentation : Evidence of inaccurate debt reporting to credit bureaus. 
Relief Requested : Immediate removal of inaccurate debt information from credit agencies.

Payment of {$10000.00} ( {$1000.00} per violation across two accounts ) for damages caused by MCMs unlawful practices, as prescribed under 15 USC 1692k.

Assurance that my personal information is no longer being shared or used without my consent, in compliance with federal privacy laws. 
Summary : XXXX XXXX and XXXX failed to notify me of the sales of my accounts and improperly transferred my personal information to MCM. Midland Credit Management has since engaged in improper collection practices, including failure to provide proper notice of debt sales, continued contact after a cease and desist, inaccurate credit reporting, and coercive tactics. 

The alleged email notification was sent from an unknown sender, was never received, and does not comply with federal notification requirements, further violating my rights. 

These actions constitute clear violations of 15 USC 1692, 15 USC 1681, 15 USC 1601, and 18 USC 894. This situation has caused undue stress, financial harm, and damage to my creditworthiness. I request immediate investigation and resolution.

Company response to consumer: Closed with explanation