Date Received: 2023-01-02
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Recently, I did an investigation on credit report which caused severe XXXX upon me and found unverifiable, invalidated, inaccurate, and questionable items that your agency didn't make sure it was reporting 100 % correct. I XXXX XXXX XXXX XXXX, a consumer, and natural person, am aware of all rights that I have, and which are protected by The Congress under the Fair Credit Reporting Act ( FCRA ). I noticed Ive been violated pursuant to the FDCPA ( Fair Debt Collection Practices Act ), by XXXX XXXX Bank and Midland Credit Management Inc. in connection with the collection of an alleged debt. There is evidence of the use of abusive, deceptive, and unfair debt collection practices. These practices resulted in the infringement of my intellectual property rights. Under Florida law it is illegal to secretly record an oral communication without the consent of at least one party. I am hereby giving you advance notice that I may decide to record any/all oral communication with your company, using any recording device that I so choose ( including transcription ), in the event that I have to use to use it as evidence against you in a court of law to prove that you were noncompliant. So if you contact me by phone, you are therefore giving me consent to record. Pursuant to USC 1692c. ( c ) I am notify you in writing that I refuse to pay this alleged debt, and I am demanding that you cease all forms of illegal communication with me through any and all mediums. Pursuant to 15 USC 1692c ( c ) ( 2 ) I am invoking my specified remedy as consumer, and the original creditor I am demanding all of the following. I refuse to pay this debt. Send and Audit Trail pursuant to 5 USC 552a ( d ) including all documents, including but not limited, signed credit applications, assignments, purchase of debt, ledger of the account, and anything else to the Consumer for review and validation ; Zero out the balance on this account and DELETE all accounts held by debt collector from all consumer reporting agencies. Remove all remarks and comments off all consumer reports ; Cease communication and use of my intellectual property. Unless it pertains the validation of the alleged debt or remedy for violations that occurred. Any furthers communication with the consumer must be in writing, delivered via mail to the mailing location above. Again, this is a notice pursuant to FDCPA ( Fair Debt Collection Practices Act ), Failure to honor demands and provide the required documentation for proper validation of the alleged debt within 14 days of receipt of this notice, shall. a. ) Be taken as tacit agreement to the claims set forth, b. ) Grant the Consumer all demanded remedies, and c. ) May result in litigation ( Janetos v. Fulton Friedman & Gullace , LLP, 825 F.3d 317,325-26 ( 7th Cir.2016 ) Assignees who are debt collectors are responsible for the actions of those collecting on their behalf, citing Pollice, 225 F.3d at 404-05. ) Regards, XXXX XXXX XXXX XXXX. XXXX XXXX Person
Company Response:
State: FL
Zip: 33404
Submitted Via: Web
Date Sent: 2023-01-02
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-02
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Between XXXX and XXXX of XXXX, Midland Credit Management Company ( MCMC ) sued me in court for roughly {$4800.00} dollars ( this is an account that they purchased ). As a result of them suing me, my paycheck was garnished for six months in the amount of {$2000.00}. After six months, I noticed that the MCMC account had not been updated, so I disputed the discrepancy with the credit bureaus. Unfortunately, the account came back verified and still owing the {$4800.00} dollars. I continued to check my credit report and dispute for 10 months and MCMC claimed that I owed the {$4800.00} plus interest. In XXXX of XXXX, I contacted MCMC to ask about the {$2000.00} that was garnished from my paycheck. MCMC claimed that they never received the check from my payroll department. After contacting my payroll department, an investigation was completed and a copy of the check was sent to me. Again, I checked my credit report and there still was no change to the balance. So I looked at the MCMC website and it stated that I owed {$5200.00} dollars. I called XXXX, in XX/XX/XXXX, to ask about the check and why it had not been added to my account and again they stated that the check was not received. I told them I had a copy of the check and after further analyzing the copy of the check it was found that the check was cashed on XX/XX/XXXX by MCMC and never added to my account. As of today, XX/XX/XXXX, I have looked at my account and reached out to them and they still have not located the funds that they took from me and did not add to my account. They have withheld these funds from my account for XXXX years.
Company Response:
State: VA
Zip: 23237
Submitted Via: Web
Date Sent: 2023-01-02
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-02
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I never had a credit card with this company. It states opened XX/XX/2020 I didn't even have a XXXX with any XXXX during XXXX. I lXXXX XXXX XXXX end of XXXX so nXXXX XXXX XXXX XXXXoming in to get a card. I have XXXX XXXX but never ever used credit XXXX or got a card from them XXXX.
Company Response:
State: AZ
Zip: 85335
Submitted Via: Web
Date Sent: 2023-01-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-03
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I have been contacted multiple times about a supposed debt I am not familiar with. I have sent a certified letter requesting further information about the debt, and about their ability to collect a debt within my state with no response. I spoke to a staff member with them, who said they would send this information, and all that was sent was a single statement from the supposed creditor, and no further information. It was threatened that they would be suing me for the money, but I am not comfortable with the amount of information I have.
Company Response:
State: ID
Zip: 836XX
Submitted Via: Web
Date Sent: 2023-01-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-01
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: This serves as a disclaimer that the following information is provided from the Securities & Exchanged Report for ENCORE CAPITAL GROUP , INC. You indicated, in your securities report that you adhere to the following : Written communications pursuant to Rule 425 under the Securities Act ( 17 CFR 230.425 ) Soliciting material pursuant to Rule 14a-12 under the Exchange Act ( 17 CFR 240.14a-12 Pre-commencement communications pursuant to Rule 14d-2 ( b ) under the Exchange Act ( 17 CFR 240.14d-2 ( b ) ) Pre-commencement communications pursuant to Rule 13e-4 ( c ) under the Exchange Act ( 17 CFR 240.13e-4 ( c ) ) Also, stated in your securities report is CFPB can conduct hearings, adjudication proceedings, and investigations, either unilaterally or jointly with other state and federal regulators, to determine if federal consumer financial law has been violated. The CFPB has authority to impose monetary penalties for violations of applicable federal consumer financial laws ( including the CFPA, FDCPA, and FCRA, among other consumer protection statutes ), require remediation of practices, and pursue enforcement actions. The CFPB also has authority to obtain cease and desist orders ( which can include orders for restitution or rescission of contracts, as well as other kinds of affirmative relief ), costs, and monetary penalties ranging from {$5000.00} per day for ordinary violations of federal consumer financial laws to {$25000.00} per day for reckless violations and {$1.00} million per day for knowing violations. Your company is in violation of several laws which includes but not limited to : SECURITES FRAUD, FTC ( FRAUD ) FDCPA, and CFPA laws. On XX/XX/XXXX, a complaint was filed against XXXX XXXX XXXXXXXX requesting to OPT OUT of any and all authorizations to the reporting of my nonpublic personal information to anyone without my permission written or otherwise and any further sharing of my personal information would be in violation of my rights under the Privacy Act of 1974. Your company has not provided me with the companys OPT OUT, PRIVACY POLICY and PRACTICES regarding sharing of my nonpublic personal information with third parties. You indicated in your SECURITIES REPORT that the CFPB has issued guidance in the form of bulletins on debt collection and credit furnishing activities generally, including one that specifically addresses representations regarding credit reports and credit scores during the debt collection process, another that focuses on the application of the CFPAs prohibition of unfair, deceptive, or abusive acts or practices on debt collection and another that discusses the risks that in-person collection of consumer debt may create in violating the FDPCA and CFPA and that your activities are also subject to federal and state laws concerning identity theft, data privacy, and cybersecurity. The Gramm-Leach-Bliley Act and its implementing regulations require us generally to protect the confidentiality of our consumers nonpublic personal information and to disclose to our consumers our privacy policy and practices, including those regarding sharing consumers nonpublic personal information with third parties XXXX XXXX XXXXXXXX indicated on their website how they collect consumer information. They indicated, " they receive consumers information on applications and other forms ( i.e., name, address, SS, telephone number, and other relevant information ). What application or other form did I give you? I do not have a legal signed contract with your company. Your Privacy Policy makes to believe that you have a legal right to collect on this alleged debt as if I have a legal contract with you and I do not. You go on to state information you receive about my account transactions with you, your affiliates, or others including the original creditor. This may include information such as : account balance payment history and account activity. Again, what account do I have with you? 15 U.S.C. 1692e, prohibits Debt collectors from using any false, deceptive, or misleading representation or means in connection with the collection of any Debt. Section 807 ( 2 ) ( A ) of the FDCPA, 15 U.S.C. 1692e ( 2 ) ( A ) specifically prohibits the false representations of the character, amount, or legal status of any Debt. Section 807 ( 10 ) of the FDCPA, 15 U.S.C. 1692e ( 10 ), prohibits using false representations or deceptive means to collect or attempt to collect any Debt or to obtain information concerning a Consumer. You, XXXX XXXX XXXX are a " debt collector '' within the meaning of the FDCPA, 15 U.S.C. 1692a ( 6 ). Also, included in the claim was a dispute on the VALIDITY of your right to collect on the ALLEDGED debt. I am not requesting a copy of the information that is in the SELLERs data file purchased by your company, I requested a copy of the Consumer -Level documentation of the alleged debt with wet signatures and if the alleged debt was purchased, proof of the chain title of the alleged debt ( i.e., from the original creditor to the current without a break in the chain, as well as, proof that you are legally licensed to collect debt in the state of LOUISIANA XXXX where I currently live. I also requested a CEAST and DESIST that all future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. As you can clearly see, this request has not been adhered to and you are in violation of the Telephone Consumer Protection Act ( TCPA ) 47 CFR 64.1200 ( 9 ) iii a-g., in which you clearly state in you SEC FORM 10-K that directly or indirectly apply to your business. On XX/XX/XXXX, the CFPB issued final rules in the form of a new Regulation F to implement the Fair Debt Collection Practices Act, which rules restate and clarify prohibitions on harassment and abuse, false or misleading representations, and unfair practices by debt collectors when collecting consumer debt. The rules included provisions related to, among other things, the use of newer technologies ( text, voicemail and email ) to communicate with consumers and limits relating to telephonic communications. Your securities report also indicates your collection approach ( XXXX XXXX XXXX ( United States ) ) that you maintain domestic collection call centers in XXXX, Arizona XXXX XXXX. XXXX, Minnesota, XXXX, Michigan, and XXXX, Virginia and international call centers in XXXX, XXXX and XXXX XXXX, XXXX XXXX AND that you continuously educate account managers to understand and apply applicable laws and policies that are relevant in the account managers daily collection activities. Our ongoing training and monitoring efforts help ensure compliance with applicable laws and policies by account managers In connection with collecting or attempting to collect Debt, XXXX XXXX XXXXXXXX has made an excessive number of telephone calls and the calls were at times the company knew or should have known were inconvenient, and after receiving written notification to only communicate in writing. These continuous and inconvenient calls caused me to suffer emotional distress which constituted in unfair acts or practices in violation of Sections 1031 ( a ) and 1036 ( a ) of the CFPA, 12 U.S.C. 5531 ( a ) and 5536 ( a ) as well as, 15 U.S.C. 1692d ( 5 ), which specifically prohibits Debt collectors from causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. I am requesting that ALL RECISSION OF DEBT COLLECTIONS CONTRACTS be removed immediately from my consumer file and MONETARY RESTITUTION for the multiple violations your company has taken against me by excessively calling after I explicitly stated contact should be in the form of a written notice. Please be advised, you have 4 days according to LAW to remove such items. Failure to do will result in filing a FEDERAL case against your company. Your company is liable under SEC to follow certain rules and I suggest you abide to the LAWS your company said you would adhere to. CC : Securities & Exchange Commission Federal Trade Commission Governor of State of Louisiana CFPB Encore Capital Group Commission file number : XXXX : Encore Capital Group-XXXX XXXXXXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, CA XXXX XXXX /s/ XXXX XXXXSenior Vice President, General Counsel /s/ XXXX XXXX, Executive Vice President, Chief Financial Officer and Treasurer /s/ XXXX XXXX, President, Chief Executive Officer XXXX, XXXX, XXXX Branch XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX /s/ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX ; /s/ XXXX XXXX /s/ XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX /s/ XXXX XXXX
Company Response:
State: LA
Zip: 700XX
Submitted Via: Web
Date Sent: 2023-01-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-01
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Dear CFPB, This account : MIDLAND CREDIT XXXX, MIDLAND CREDIT MANAGEMENT, and/ or MIDLAND CREDIT MANAGEMENT XXXX ( XXXX ) is reporting several inaccuracies and False Information. The reported Companys Name, and Mailing Address for this account is Different and inconsistently reported on my XXXX, XXXX, and XXXX report. XXXX : Name : MIDLAND CREDIT MANAGEMENT XXXX Address : XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, MI XXXX XXXX : Name : MIDLAND CREDIT XXXX Address : XXXX XXXX BIG XXXX XXXX XXXX XXXX, XXXX, MI XXXX XXXX : Name : MIDLAND CREDIT MANAGEMENT Address : XXXX XXXX XXXX LA XXXX, XXXX XXXX, XXXX XXXX, CA XXXX To my knowledge it is Not Possible or accurate for a Company / Account to have XXXX Different Names and Mailing Addresses. Furthermore a company is prohibited from reporting a XXXX XXXX XXXX and/or Mailing Address. My second complaint is this Account is reporting Past Due : {$640.00}, which is Falsely Reported because that would indicate that a prior payment arrangement was made regarding this accounts balance, in which I DO NOT have ANY prior or present payment arrangements. with MIDLAND CREDIT MANAGEMENT, MIDLAND CREDIT XXXX, or MIDLAND CREDIT MANAGEMENT XXXX. Also XXXX is reporting the date of removal XX/XX/2027, and XXXX is Reporting On Record Until XX/XX/2027. This is also inconsistent and inaccurate because these dates should be the same if the data furnished is 100 % accurate. This also a indication that this account may have been RE-AGED at some point. Please investigate the accuracy of the complaints described above. Thank you
Company Response:
State: TX
Zip: 75212
Submitted Via: Web
Date Sent: 2023-01-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-31
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: I never recived any documentation from this debtor about legal actions being taken, debts being sold, or sold receivables being transferred to an affiliation of the parent company. I received a wage garnishment judgment that was addressed to a job I have worked at from XXXX - XXXX although my credit report said the debt was from XXXX. Also, the 2 debtors are the same company for different amounts and I have no idea who they are. I never received notice. I have a notice from the court that service was made in XXXX XXXX, MD to me on several occassions but on the dates listed I was at work in XXXX, MD. There is no account numbers listed in a correspondence I found through XXXX or listed in the complaints. Also, the debtor locations from the filings are in two states. One of the cases has a request to reissue a summons filed XX/XX/XXXX.
Company Response:
State: MD
Zip: 20904
Submitted Via: Web
Date Sent: 2022-12-31
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-31
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: UNAUTHORIZED INQUIRY ON CONSUMER REPORT this company obtaining my XXXX consumer report on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX without my permission, or without a permissible purpose by law, they are also in violation of the Fair Credit Reporting Act ( FCRA ) codified at 15 U.S.C 1681b ( a ) 3 ( f ) ( I ). XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( S.D. XXXX. XXXX ) I have not given you permission to access my credit profile and you have no permissible purpose by law to contact third parties with my private or personal information. Your offenses amount to Aggravated Identity Theft pursuant to 18 U.S.C. 1028A I have not initiated any transaction with Midland Credit MGMT. Furthermore, I do not have an account as defined under 15 U.S.C. 1693a ( 2 ) with Midland Credit MGMT.
Company Response:
State: MD
Zip: 21117
Submitted Via: Web
Date Sent: 2022-12-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-31
Issue: Incorrect information on your report
Subissue: Public record information inaccurate
Consumer Complaint: XXXX IS NOT SUPPOSED TO BE ON MY CREDIT BECAUSE THE COURT DOES REPORT TO ANY CREDIT AGENCIES. I EVEN SENT LETTERS TO XXXX, XXXX, XXXX
Company Response:
State: GA
Zip: 30214
Submitted Via: Web
Date Sent: 2022-12-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-12-31
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Midland funding is collecting a debt for {$610.00}. I have reached out on XX/XX/2022 to ask for the following : XXXX. Please evidence your authorization under 15 USC 1692 ( e ) and 15 USC ( f ) in this alleged matter. XXXX. What is your authorization of law for your collection of information? XXXX. What is your authorization of law for you collection of this alleged debt? XXXX. Please send evidence your authorization to do business or operate in the state of ( Your state ) XXXX. Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. As of XX/XX/2022 I have yet to receive a response from them.
Company Response:
State: WI
Zip: 53186
Submitted Via: Web
Date Sent: 2022-12-31
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A