Consumer complaint received 2024-05-12 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: ENCORE CAPITAL GROUP INC.
State: OK

Complaint narrative:
Pursuant to 12 CFR 1026.13 - Billing Error Resolution- I have disputed the account.

Pursuant to 15 U.S. Code 1666b ( a ) Notice, it is fact affiant is aware 15 U.S. Code 1637 ( b ) ( 2 ) ( a ) refers to a request to resolve a billing error by providing all documentary evidence for clarification of who funded this account and whose obligation it is to pay this alleged debt on this account. Until then this company can not report late payments in accordance with the regulations of the Bureau 12 CFR 1026.13 ( d ) ( 3 ).

Pursuant to 15 U.S. Code 1666 ( e ) If the creditor does not provide all documentary evidence as defined under 15 U.S. Code 44 this will result in a billing error and the creditor forfeits all rights to collection on the amount that has been identified in dispute.

Notice, it is fact affiant is aware that without resolving this billing error the creditor has legally agreed to forfeit all rights to collect on the amount in dispute pursuant to 15 U.S. Code 1666 ( e ).

Pursuant to 16 CFR 433.3 ( b ) ( 4 ) a contract which in a contract which includes a waiver, condition or limitation for a debtor to assert rights for claims or defense against a seller is void.

Notice it is fact in accordance with 15 C.F.R. 433.3 ( b ) ( 4 ) I the affiant has reason to believe and do so believe a contract can not and does not constitute as documentary evidence or contain a negotiable instrument or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer such as I, XXXX XXXX the affiant any right to assert against any holder of a contract with any and all legally sufficient claims and defense which could be asserted against the seller of goods and services and in all subject matter pursuant 16 C.F.R. 433.3 ( b ) ( 4 ) said contract is unenforceable and void.

Notice in fact a contract has not given the consumer the full disclosure of said contract with any written, oral, known or unknown subject matter shall not constitute as documentary evidence. I the affiant has reason to believe and do so believe this company has failed to meet all requirements established in 16 C.F.R. 433.2 ( a ).

Furthermore, the company used my open-ended credit plan in accordance with 16 C.F.R. 433.2 ( a ) to furnish which furthermore proves they did not extend credit to me in regard to this alleged debt. Pursuant 15 U.S. Code 1692e ( 2 ) false character, amount, or legal status of any debt.

According to the Fair Credit Reporting Act 15 USC 1681 section 602 ( a ) states " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' This company is a financial institution by definition under that title. 15 USC 1681 section 604 ( a ) section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' This financial institution and the Consumer reporting agencies XXXX, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, XXXX, and this company whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' This company never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information, any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. I am opting out of your reporting services.

Company response to consumer: Closed with non-monetary relief