Consumer complaint received 2024-10-22 00:00:00
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Sued you without properly notifying you of lawsuit
Company: ENCORE CAPITAL GROUP INC.
State: IN

Complaint narrative:
I am a FEDERALLY PROTECTED CONSUMER I am making this complaint against MIDLAND CREDIT MANAGEMENT MCM account # XXXX and # XXXX. I reject MIDLAND CREDIT MANAGEMENTS offer to contract. I did not consent to any nonaffiliated third party MIDLAND CREDIT MANAGEMENT MCMC # XXXX and account # XXXX to be in possession of my Nonpublic Personal Information. 

I never gave permission to MIDLAND CREDIT MANAGEMENT use or to be in possession of any of my identifying information. 

This is a Violation of THE GRAMM- LEECH- BLILEY ACT XXXX They are harassing me thru email, phone calls, and mail. I HAVE NO CONTRACT WITH MIDLAND CREDIT MANAGEMENT AND I HAVE NO LEGAL OBLIGATION TO PAY MIDLAND CREDIT MANAGEMENT. This is there notice to cease and desist all illegal activity and communications. I am not requesting validation of any alleged debt as I KNOW NOW that by MIDLAND CREDIT MANAGEMENT obtaining my Non Public Personal Information without my lawful authority constitutes Aggravated Identity Theft 18 USC 1028A. FDCPA STATES THAT MIDLAND CREDIT MANAGEMENT DOES NOT HAVE THE RIGHT TO CONTACT ME WITHOUT MY CONSENT PRIOR WHICH THEY DO NOT HAVE. XXXX SOLD MY NON PUBLIC PERSONAL INFORMATION TO this debt collection company ''. Based on that I now have reason to believe that THEY ALL are conspiring against me trying to collect on a EXTENSION OF CREDIT through UNLAWFUL extortionate means. 


There is no TRILATERAL CONTRACT BETWEEN XXXX MIDLAND CREDIT MANAGEMENT THAT STATES I HAVE THE LEGAL OBLIGATION TO PAY MIDLAND CREDIT MANAGEMENT. THE FAIR DEBT COLLECTION PRATICES ACT ( FDCPA ) AND THE FEDERAL TRADE COMMISION ( FTC ) AND CFPB WERE CREATED TO PROTECT FEDERAL CONSUMERS LIKE ME FROM THESE ILLEGAL PRATICES. I AM PREPARED TO SEEK JUSTICE AND DEMAND ALL MY FEDERAL RIGHTS BE PROTECTED, AND ENFORCED. 



The collection of an extension of credit would be a VIOLATION OF THE FALSE CLAIMS ACT. AGAIN WE HAVE NO CONTRACT MIDLAND CREDIT MANAGEMENT I HAVE NEVER HAD ANY BUSINESS DEALINGS WITH MIDLAND CREDIT MANAGEMENT NOR DESIRE TO. Section 807 ( 15 USC 1692e ) states that no deceptive or misleading practices nothing unfair from a debt collector is to be done. MIDLAND CREDIT MANAGEMENT SENDING LETTERS AND EMAILS IN BIG RED LETTERING HEAD STATING " PRE-LEGAL NOTIFICATION '' IS ILLEGAL AND THREATS TO SEND TO A LAWYER IS VIOLATION OF THE FDCPA .NOW I DEMAND THAT UNDER 15 USC 1692K CIVIL LIABILITY IM NOW TO BE AWAREDED { {$1000.00} } PER VIOLATION AND MIDLAND CREDIT MANAGEMENT. I DEMAND NOW UNDER THE FDCPA YOU SEND ME A CHECK FOR VIOLATIONS FOUND TOTALING { {$5000.00} } AND CEASE AND DESIST ALL THREATING COMMUNICATIONS WITH ME. 

XXXX. Defamation of Character ( per XXXX ) XXXX. Negligent Enablement of Identity Fraud 3. Fair Debt Collections Practices Act 15 USC 1692g violations 4. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] 5. 15 USC 1692K CIVIL LIABILITY The FDCPA prohibits a debt collector from utilizing " any false, deceptive, or misleading representation or means '' to collect a debt. 15 U.S.C. 1692e. The FDCPA enumerates a number of categories of false or deceptive practices, including the following : ( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

... 
( XXXX ) The threat to take any action that can not legally be taken or that is not intended to be taken. 
... 
( XXXX ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. 
XXXX XXXX Midland Credit Mgmt., Inc. XXXX XXXX XXXX. XXXX, XXXX ( XXXX. XXXX XXXX XXXX XXXX  ) Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account in violation not reporting 100 % accurate.

MIDLAND CREDIT MANAGEMENT MCMC # XXXX and account # XXXX How does these accounts show on my XXXX consumer report and not XXXX or XXXX? It is because this is all inaccurate information and should be deleted and dismissed. 

The summons ( Case Number : XXXX ) filed with XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX needs to be dismissed with all of that being said.

Company response to consumer: Closed with non-monetary relief