Consumer complaint received 2025-02-22 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: ENCORE CAPITAL GROUP INC.
State: MI

Complaint narrative:
I, XXXX XXXX, am a victim of identity theft, request removal and deletion of the listed accounts on my credit report. The fraudulent accounts are as follows : XXXX XXXX XXXX XXXXXXXX, Opened XX/XX/XXXX ACCOUNT XXXX XXXX. XXXX XXXX, Attorney General of XXXX  XXXX. XXXX XXXX XXXX, Chair, Federal Trade Commission XXXX. XXXX XXXX XXXX, Comptroller of the Currency.Subject : Unconditional Demand for Immediate, Complete Deletion of Fraudulent Collection Account from All Credit Reports Based on Federal Statutory Violations, Legal Penalties, Binding Case Law, and Inviolable Doctrinal Standards from XXXX XXXX, A Treatise on Suits in XXXX, XXXX XXXX XXXX XXXX, and the XXXX  XXXX XXXX FTC Identity Theft Report Number : XXXX To XXXX XXXX XXXX XXXX XXXXXXXX XXXX Department and all responsible parties : This letter is a firm and irrevocable demand for the immediate, permanent deletion and complete removal of all information regarding a fraudulent collection account linked to my XXXX XXXX XXXX XXXX XXXX Account Number:XXXX  ) from my credit reports with XXXX, XXXX, and XXXX. The continued presence of this account on my credit profiledespite clear documentation proving it originated from identity theft ( FTC Identity Theft Report Number : XXXX ) violates multiple federal statutes, binding case law, and core principles of XXXX XXXX, A Treatise on Suits in XXXX, Elements of Ecclesiastical Law, and the King XXXX XXXX. This communication leaves no room for negotiation, as these doctrines universally condemn the perpetuation of falsehoods, demand immediate remedy for unjust harm, and establish the obligation of truth and integrity in all dealings. Each section herein presents exhaustive citations and thorough interpretations from XXXX XXXX and other sources to justify the immediate deletion of this account. XXXX. Federal Violations under the Fair Credit Reporting Act ( FCRA ) The Fair Credit Reporting Act ( FCRA ) enforces strict standards for accuracy, fairness, and consumer privacy in credit reporting. MIDLAND CREDIT MANAGEMENT XXXX continued reporting of this account, despite its confirmed fraudulent nature, constitutes multiple breaches of FCRA. Each breach is enforceable with substantial statutory penalties, supported by relevant case law and reinforced by the doctrinal and ethical mandates in XXXX XXXX. a. Maximum Possible Accuracy Requirement under 15 U.S.C. 1681e ( b ) Penalty : {$1000.00} per Violation Statutory Requirement and Principle : 15 U.S.C. 1681e ( b ) demands that data furnishers ensure maximum possible accuracy in their reporting. This statutory standard is absolute, particularly critical in situations involving identity theft, as inaccurate information can have devastating and long-lasting effects on a consumers financial reputation. The law requires data furnishers to verify disputed information rigorously, leaving no room for uncertainty or inaction. Violation by MIDLAND CREDIT MANAGEMENT INC : Despite my formal dispute and an FTC identity theft report, MIDLAND CREDIT MANAGEMENT INC persists in reporting this account as collectible. This refusal to act on clear evidence of fraud is not only a direct breach of FCRA requirements but a willful perpetuation of a falsehood that has inflicted measurable harm on my credit profile. Such misreporting falsely represents my financial standing, misleading potential creditors and unjustly lowering my creditworthiness. Supporting Case Law : XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) : The court emphasized the FCRAs strict accuracy standard, stating that data furnishers must go beyond superficial investigation and ensure data integrity to the fullest extent. MIDLAND CREDIT MANAGEMENT XXXX failure to correct known inaccuracies violates the precedent established in XXXX. XXXX XXXX XXXX : XXXX XXXX condemns any action that damages anothers reputation through misinformation or falsehood. According to XXXX XXXX of the XXXX of XXXX XXXX, No one XXXX unlawfully harm the good reputation which a person enjoys. MIDLAND CREDIT MANAGEMENT XXXX refusal to delete an account that it knows to be fraudulent constitutes a direct violation of this canon. The accounts continued presence damages my reputation without cause or justification. Furthermore, XXXX XXXX XXXX reinforces that personal rights are only limited when necessary to protect justice and the common good. Reporting fraudulent information serves neither purpose ; it does not protect society but unjustly injures my standing, contrary to XXXX XXXX protection of individual reputation and dignity. Statutory Penalty Calculation : Each reporting instance incurs a statutory penalty of {$1000.00}, totaling {$3000.00} for this violation alone. b. Prohibition on Outdated Adverse XXXX XXXX under XXXX XXXX. XXXX ( a ) ( XXXX ) Penalty : {$1000.00} per Violation XXXX XXXX and XXXX : XXXX U.S.C. XXXX ( a ) ( XXXX ) limits adverse information reporting to a maximum of XXXX years from the initial delinquency date. This statute safeguards consumers by preventing the perpetual and undue harm that outdated or erroneous information can cause. It reflects the FCRAs intention to balance fairness in credit reporting with consumers rights to rebuild their financial lives. Violation by MIDLAND CREDIT MANAGEMENT XXXX : MIDLAND CREDIT MANAGEMENT XXXX reporting of this fraudulent account extends its negative impact beyond the permissible time frame by creating conflicting delinquency dates across credit bureaus, which effectively renews the adverse information improperly. Supporting Case Law : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX. XXXX, XXXX ) : The court held that extending the reporting period of adverse information is an actionable FCRA violation. MIDLAND CREDIT MANAGEMENT XXXX XXXX parallels the violations identified in XXXX, warranting immediate removal and statutory penalties. XXXX XXXX and Ethical Principles from the King XXXX XXXX : XXXX XXXX supports the ethical principle that harm should not be prolonged or repeated without just cause. XXXX XXXX XXXX provides that individuals have the right to vindicate their rights in both ecclesiastical and civil forums. When wrongful harm is inflictedespecially repeatedlyit violates XXXX Laws principle of just remediation. Similarly, XXXX XXXX of the XXXX XXXX XXXX condemns false representation as an abomination. MIDLAND CREDIT MANAGEMENT XXXX actions prolong harm by falsely renewing adverse information beyond lawful limits, contrary to both XXXX XXXX and Biblical teachings. Statutory Penalty Calculation : Multi-bureau non-compliance incurs a penalty of {$1000.00} per instance, totaling {$2000.00}. XXXX XXXX to XXXX XXXX XXXX under XXXX XXXX. XXXX Penalty : {$1000.00} per Violation XXXX XXXX and XXXX : XXXX XXXX XXXX. XXXX, upon receiving a dispute, data furnishers are legally required to conduct a reasonable investigation. This obligation is foundational to the FCRAs purpose, as it ensures that consumers can contest inaccuracies that harm their creditworthiness. Failure to investigate in good faith represents a serious breach of consumer protection. Violation by MIDLAND CREDIT MANAGEMENT XXXX : Despite my submission of a dispute and identity theft report, MIDLAND CREDIT MANAGEMENT XXXX neglected to conduct any investigation or corrective action. This failure to address the dispute leaves erroneous information on my credit profile, in violation of both legal and ethical standards. Supporting Case Law : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) : The court emphasized that the FCRA mandates an active and thorough investigation by data furnishers, not merely a passive response. MIDLAND CREDIT MANAGEMENT INCs disregard for my dispute is inconsistent with XXXX, which supports the requirement of corrective action upon notification of an error. XXXX XXXX XXXX : XXXX XXXX insists upon truthfulness and fairness in all acts that impact anothers reputation. XXXX XXXX XXXX specifically states that individuals have the right to defend and vindicate their good name when harmed unjustly. By ignoring my dispute and failing to investigate this known fraud, MIDLAND CREDIT MANAGEMENT XXXX violates the principles established in XXXX XXXX that mandate corrective action to uphold justice and the individuals good name. The doctrine demands a prompt response to harm, and failing to act when XXXX is aware of anothers suffering is antithetical to XXXX Laws principles of justice and restitution. Statutory Penalty Calculation : Each instance of failure to investigate across XXXX, XXXX, and XXXX incurs a penalty of {$XXXX}, totaling {$XXXX}. d. Prohibition on XXXX XXXX False Information under XXXX XXXX. XXXX ( a ) Penalty : {$XXXX} per Violation XXXX XXXX and XXXX : 15 U.S.C. 1681s-2 ( a ) prohibits creditors from knowingly reporting inaccurate information, particularly when they have clear evidence that the data is erroneous. This standard protects consumers by ensuring that inaccuracies do not remain uncorrected due to neglect or indifference. Violation by MIDLAND CREDIT MANAGEMENT XXXX : MIDLAND CREDIT MANAGEMENT XXXX continued reporting of this fraudulent account, even after receiving an FTC identity theft report, constitutes a direct violation of the FCRA. This deliberate misrepresentation of my financial obligations has perpetuated harm that I have no responsibility to bear. Supporting Case Law : XXXX XXXX XXXX XXXX Mortgage XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) : This case ruled that knowingly reporting false information is a grave violation of FCRA standards. MIDLAND CREDIT MANAGEMENT INCs persistence in reporting this debt mirrors the unlawful actions addressed in XXXX, warranting immediate deletion. XXXX XXXX XXXX : XXXX XXXX, particularly XXXX XXXX, prohibits any action that unlawfully harms anothers reputation. The doctrine is unambiguous : knowingly spreading falsehoods about another person constitutes moral wrongdoing. By allowing a fraudulent account to remain on my credit profile, MIDLAND CREDIT MANAGEMENT XXXX contravenes XXXX Laws mandate for truthful and fair representation. Additionally, XXXX XXXX XXXX demands that any limitation of personal rights must be justified by necessity for the common good; allowing fraudulent data to XXXX my reputation serves no social or moral good. Statutory Penalty Calculation : Each misreporting instance across all three bureaus incurs a penalty of {$1000.00}, totaling {$3000.00}. Total FCRA Violation Penalty : {$11000.00} XXXX. Additional Violations under the Truth in Lending Act ( TILA ) The Truth in Lending Act ( TILA ) mandates that creditors provide clear, accurate, and transparent disclosures, particularly in cases involving disputed accounts. MIDLAND CREDIT MANAGEMENT XXXX ongoing misrepresentation of this account as collectible, despite knowledge of its fraudulent status, constitutes multiple TILA violations. Each is actionable with statutory penalties. XXXX Laws Relevance to TILA Requirements XXXX XXXX, as found in XXXX XXXX, condemns any action that damages anothers good name. Similarly, XXXX XXXX affirms the right to uphold ones honor and integrity when unjustly attacked. MIDLAND CREDIT MANAGEMENT INCs misrepresentation of my obligations violates this doctrine. XXXX XXXX insists on truth, transparency, and rectification of harm, supporting TILAs own mandates. Final Demand for Immediate and Permanent Deletion Based on federal statutes, enforceable penalties, case law, and XXXX XXXX doctrines of justice and restitution, I demand the immediate deletion of this fraudulent account. Non-compliance will result in formal complaints to relevant authorities. Total Statutory Penalty : {$XXXX}

Company response to consumer: Closed with non-monetary relief