Consumer complaint received 2025-09-26 00:00:00
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: ENCORE CAPITAL GROUP INC.
State: TX

Complaint narrative:
Collection account from MIDLAND CRED with account # XXXX and a balance of {$5400.00}. 
The original creditor is XXXX XXXX XXXX 

This letter is directed to both the Original Creditor ( OC ) and any Debt Collector, Assignee, or Collection Agency ( CA ) now claiming ownership of the above-referenced account.

I have previously requested proper validation no fewer than seven ( 7 ) times, including through the CFPB and the credit reporting agencies. Your continued failure to comply places you in violation of federal and state law.

This is my final demand for validation. Failure to comply will result in immediate legal action.

Required Validation Materials Whether the contract was executed in person or digitally, you must provide all of the following : 1. Original Executed Contract ( In-Person Agreements ) A true and correct copy of the wet-ink signed contract/agreement.

All applications, addenda, riders, amendments, disclosures, and notices signed at origination.

Proof of delivery of terms and conditions at the time of signing.

All truth-in-lending disclosures ( TILA ) provided at origination.

Any notarized or witnessed pages ( if applicable ).

2. Digital Contracts / Online Applications Full application metadata, including : IP address used for application and/or e-signature.

Date/time stamps of all submissions and digital signatures.

Geolocation data, device/browser identifiers, and session logs.

Electronic audit trail, showing when terms were displayed, accepted, or declined.

Copy of the e-consent agreement under E-Sign Act ( 15 U.S.C. 7001 et seq. ) proving consent to electronic records.

Verification of the identity authentication process used ( knowledge-based authentication, SMS/email code, etc. ).

3. Complete Payment & Transaction History Full account ledger from inception, including : All charges, payments, credits, interest, penalties, and fees.

Documentation of how the balance was calculated.

Copies of all billing statements and account correspondence sent to me.

4. Chain of Title / Assignment Documentation Proof of ownership if the debt has been sold, transferred, or assigned : Full chain of custody, including Bill of Sale, Assignment Agreements, and warranties of title.

Documents identifying the current legal owner of the debt.

The exact consideration paid for the debt ( purchase price ).

5. Licensing, Bonding, and Authority If a collection agency : Proof of Texas Finance Code, Ch. 392 compliance ( licensing and bonding ).

Proof of authority to collect on behalf of the original creditor ( if not the owner ).

6. Credit Reporting Evidence Copies of all records, reports, and data furnished to any consumer reporting agencies.

Documentation showing you verified accuracy prior to furnishing, in compliance with FCRA ( 15 U.S.C. 1681s-2 ).

7. Communications and Notices Copies of all dunning letters, notices of assignment, and validation notices previously sent.

Proof of mailing and delivery of such notices.

My Rights Under Federal & Texas Law You are required to comply with the following : FDCPA ( 15 U.S.C. 1692 et seq. ) No collection may occur until full validation is provided.

FCRA ( 15 U.S.C. 1681 et seq. ) You may not furnish or maintain inaccurate or unverifiable information.

E-Sign Act ( 15 U.S.C. 7001 et seq. ) Electronic contracts must have valid consent, authentication, and an audit trail.

Truth in Lending Act ( TILA, 15 U.S.C. 1601 et seq. ) Requires clear disclosure of credit terms.

Texas Finance Code, Chapter 392 ( Texas Debt Collection Act ) Requires proper proof of debt, prohibits deceptive practices.

Texas Business & Commerce Code 17.46 ( DTPA ) Prohibits false, misleading, or deceptive acts.

Texas Business & Commerce Code 26.01 ( Statute of Frauds ) Certain agreements must be in writing and signed.

Texas Civil Practice & Remedies Code 38.001 Authorizes attorneys fees for breach of contract actions.

Consumer Financial Protection Act, 12 U.S.C. 54815603 Prohibits unfair or abusive acts in consumer finance.

Penalties for Non-Compliance If you fail to comply : FDCPA : Statutory damages up to {$1000.00} per violation, actual damages, attorneys fees.

FCRA : Actual damages, statutory damages up to {$1000.00} per violation, punitive damages, attorneys fees.

Texas Finance Code, Ch. 392 : Civil penalties up to {$100.00} per violation, actual damages, injunctive relief.

Texas DTPA : Economic damages, attorneys fees, and up to treble damages for knowing/intentional violations.

If the debt has been sold or assigned, both the original creditor and any subsequent collectors may be held jointly and severally liable.

Final Notice Before Legal Action This is my final demand. If you do not provide the above validation within 30 days of receipt : 1. I will file a lawsuit in Texas state and/or federal court, seeking statutory, actual, and punitive damages, as well as attorneys fees.

2. I will seek removal of any unverifiable or inaccurate tradelines from all consumer reporting agencies.

3. I will report continued violations to the CFPB, Texas Attorney General, and FTC.

I am requesting the immediate deletion and permanent removal of these accounts from all of my credit reports because the creditor/collector has failed to provide proper debt validation as required by : Fair Debt Collection Practices Act ( 15 U.S.C. 1692g ) requires validation before collection.

Fair Credit Reporting Act ( 15 U.S.C. 1681i and 1681s-2 ) requires deletion of information that can not be verified.

Texas Finance Code, Chapter 392 prohibits reporting debts without proper proof of validity.

I have already sent multiple written requests ( over seven times ), including through the CFPB and the credit reporting agencies, and have not received the required documentation such as : Original wet-ink signed contract or, for online applications, the full electronic audit trail ( IP address, timestamp, identity verification, etc. ).

Complete payment history and account ledger.

Chain of title or assignment showing legal ownership of the debt.

Verification of accuracy of all information reported to credit bureaus.

Because the creditor/collector has failed to provide this required proof, they are in ongoing violation of federal and Texas law .

Therefore, I am requesting the following resolution : 1. Immediate deletion of all unvalidated accounts from my credit reports.

2. Written confirmation from both the furnisher and the credit bureaus that these accounts have been permanently removed.

3. Assurance that no further attempts will be made to collect or re-report these accounts without proper validation.

Company response to consumer: Closed with non-monetary relief