Consumer complaint received 2025-04-03 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: ENCORE CAPITAL GROUP INC.
State: SC

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, SC XXXX XXXX XXXX Date : XX/XX/XXXX Midland Credit Management , Inc . 
XXXX XXXX XXXX XXXX  XXXX, XXXX XXXX XXXX XXXX, CA XXXX Re : Cease and Desist Notice Regarding Account No. XXXX XXXX XXXX XXXX XXXX  XXXX  [ Account Number ] Dear Sir/Madam, I am writing to formally request that Midland Credit Management , Inc. immediately cease and desist from all further communication regarding the above-referenced account. I also request that you remove this account from my credit report, as reporting this debt constitutes communication under the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ). 

1. Cease and Desist Request Under the FDCPA Under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692c ( c ), I am entitled to request that a debt collector cease all communication once I have made such a written request. Specifically, the statute states : " If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer, except to advise the consumer that the debt collector 's further efforts are being terminated. '' Therefore, I am requesting that Midland Credit Management , Inc. immediately cease and desist from all forms of communication, including, but not limited to : Telephone calls Written correspondence ( letters, emails, or any other forms of communication ) Reporting this debt to any credit bureaus ( XXXX, XXXX, XXXX ) 2. Reporting to Credit Bureaus Constitutes Communication Please be advised that reporting this debt to credit bureaus is considered a form of communication under the FDCPA. In XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX  XXXX ( XXXX XXXX. XXXX XXXX, XXXX ), the court held that reporting a disputed debt to credit bureaus after a cease and desist request violates the FDCPA. The court ruled that such reporting constitutes communication within the meaning of the FDCPA, and therefore, debt collectors are prohibited from reporting a disputed debt to credit bureaus after receiving a cease and desist request. 

Additionally, the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, requires that information reported to credit bureaus be accurate and complete. If a debt is in dispute, continuing to report the debt may be considered inaccurate reporting under the FCRA. In XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ), the U.S. Supreme Court clarified that reporting a disputed debt is prohibited under both the FDCPA and FCRA if the debt collector has been requested to cease communication. 

Therefore, I demand that you immediately remove this account from my credit report with XXXX, XXXX, and XXXX. Continuing to report the debt after my cease and desist request is a violation of both the FDCPA and the FCRA. 

3. Debt Validation Request In addition to the cease and desist request, I am also exercising my rights under the FDCPA, 15 U.S.C. 1692g, to request that you provide validation of the debt. Please provide the following documentation within 30 days of receiving this letter : A detailed accounting of the debt, including the original balance, interest, fees, and any payments made. 

The name and address of the original creditor. 

Proof that Midland Credit Management , Inc. is authorized to collect this debt on behalf of the original creditor. 

A copy of the original signed agreement between me and the original creditor, if applicable. 

As established in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ), if you fail to provide validation within 30 days of receiving this request, you are prohibited from continuing to pursue or report the debt. 

4. Legal Consequences for Non-Compliance Please be aware that failing to comply with this cease and desist request, including continuing to report the debt to credit bureaus, will result in legal action. This may include filing complaints with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ), and pursuing claims for violations of the FDCPA and the FCRA, which could result in statutory damages, attorney fees, and other penalties. 

5. Conclusion In summary, I demand that : All communication from Midland Credit Management , Inc., including reporting this debt to credit bureaus, cease immediately. 

The account be removed from my credit report with XXXX, XXXX, and XXXX. 

Validation of the debt be provided within 30 days, as required by law. 

Thank you for your prompt attention to this matter. I expect a written response within 30 days confirming that all communication has ceased and that the requested debt validation has been provided. If you fail to comply, I will not hesitate to take further legal action. 

Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with non-monetary relief