Consumer complaint received 2024-12-19 00:00:00
Product: Debt collection — Credit card debt
Issue: Communication tactics — You told them to stop contacting you, but they keep trying
Company: ENCORE CAPITAL GROUP INC.
State: VA

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX  XXXX XXXX XXXX XXXX Midland Credit Management XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX  XXXX Subject : Cease and Desist Notification Under the Fair Debt Collection Practices Act ( FDCPA ) To Whom It May Concern : This letter serves as a formal demand that Midland Credit Management XXXX XXXX XXXX cease all communication with me regarding alleged debts effective immediately, pursuant to my rights under the Fair Debt Collection Practices Act ( FDCPA ), XXXX XXXX  XXXX ( c ). 

Legal Basis Under XXXX XXXX. XXXX ( c ), a consumer has the right to demand that a debt collector cease further communication regarding an alleged debt. Once such a request is received, any further communication, except as specifically allowed under the statute, constitutes a violation of the FDCPA. 

Additionally, I assert my rights under XXXX XXXX. XXXX, which prohibits debt collectors from using any false, deceptive, or misleading representation in connection with the collection of a debt. It is my contention that Midland Credit Management XXXX XXXX, has acted in a manner that raises concerns about compliance with this statute. Specifically : Any misrepresentation of the amount, status, or validity of the alleged debt. 

Threats or implications of legal action not intended or authorized. 

Relevant Case Law The following cases affirm the principles upon which my request is based : XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : The Supreme Court confirmed that attorneys and debt XXXX are subject to the FDCPA and its provisions. 

XXXX XXXX XXXX, XXXX, XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : The Supreme Court held that debt XXXX bear the burden of compliance with the FDCPA, and mistakes in the law are not excused. 

XXXX XXXX XXXX XXXX XXXXXXXX, XXXX XXXX XXXX XXXX XXXX ( XXXXXXXX XXXX  XXXX ) : Highlighted that attempting to collect time-barred debts may violate the FDCPA if the consumer is misled about the enforceability of the debt. 

Instructions Immediately cease and desist from all forms of communication with me, including but not limited to phone calls, letters, emails, or other methods. 

If you believe this alleged debt is valid, you are directed to provide verification of the debt as required under XXXX XXXX. XXXX ( b ). 

If you continue to contact me after receipt of this letter, I will not hesitate to take legal action, including filing complaints with the Federal Trade Commission ( FTC ) and the Consumer Financial Protection Bureau ( CFPB ). 

Notice of Recording Please be advised that any further communication from your company may be recorded and used as evidence of non-compliance with federal law. 

Additional Remedies Should Midland Credit Management XXXX XXXX fail to comply with this request, I reserve the right to pursue all available legal remedies, including seeking damages for harassment, statutory penalties under the FDCPA, and recovery of attorney fees. 

Please confirm receipt of this letter in writing and provide any responses to the address listed above. Failure to adhere to this cease-and-desist notice will be construed as willful non-compliance. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with non-monetary relief