Debt collection -- Attempts to collect debt not owed -- Complaint #14654013

Complaint Overview

Complaint ID: 14654013

Company: Encore Capital Group INC.

Product: Debt collection

Sub-Product: Credit card debt

Issue: Attempts to collect debt not owed

Sub-Issue: Debt was result of identity theft

State: Wyoming

ZIP Code: 82009

Date Received: 2025-07-14T12:00:00-05:00

Date Sent to Company: 2025-07-14T12:00:00-05:00

Company Response: Closed with non-monetary relief

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

On XX/XX/XXXX, I mailed a formal Request for Information ( RQI ) to Midland demanding documentation to validate the debt. I gave them 30 days to respond under federal dispute procedure. As of today, they have not provided a single document listed below which they are obligated to provide under FDCPA 809 ( b ) and FCRA 1681i ( a ). Requested Items ( Ignored ) -The Original signed contract or application for credit - Complete chain of assignment ( Forward Flow, Purchase Agreement, Bill of Sale ) - Full billing statements from the original creditor - Proof of Midlands legal right to collect ( standing ) - Metro2 compliance audit or internal reporting data - Proof of permissible purpose under FCRA 1681b - Verification of identity matching procedures - Explanation of how account was verified despite an FTC identity theft affidavit on file -Proof of bonding or insurance claim attached to this debt Their failure to provide any of the above violates FDCPA 809 ( b ) and FCRA 1681i ( a ) ( 1 ). In addition ; on XX/XX/XXXX, I submitted an official FTC Identity Theft Affidavit, clearly identifying the Midland tradeline as fraudulent. Under FCRA 1681c-2 ( a ), the furnisher is required to block and delete this tradeline within 4 business days. They did not delete the account. Instead, they continued to report it to the credit bureaus, in full violation of federal law. Their conduct directly violates FTC guidelines on identity theft and constitutes willful noncompliance. Despite receiving legal notice of dispute and identity theft, Midland continued collection attempts including what appeared to be a deceptive attempt at mock service ( papers without envelope, no judges signature, and no proper court markings ). This behavior is : Coercive : Reporting derogatory data to pressure payment despite no lawful proof Extortionate ( civil context ) : Attempting to extract payment by falsely implying legal action Deceptive service : Threatening sheriff delivery of paperwork without legal filing Violates : FDCPA XXXX ( XXXX ) Threatening legal action not intended or permitted FDCPA 807 ( 10 ) Use of false or deceptive means FDCPA 808 ( 8 ) Use of identifying info on unsealed mail ( Midland name on papers ) FDCPA 805 ( b ) Communicating about a debt with third parties ( my family ) Midlands reporting also violates Metro2 format compliance, which requires : Accurate payment status matching across bureaus, Correct balance and charge-off status, Accurate date of last activity and date opened and Uniform high credit limits and terms Inconsistencies were found across Experian, TransUnion, and Equifax, including : Mismatched balance data Incorrect open/close dates Conflicting payment status info Inaccurate high credit / charge-off reporting This violates : FCRA 1681e ( b ) Failure to maintain maximum possible accuracy Metro2 Compliance Guidelines ( CRA Data Furnisher Agreement ) By failing to respond to the RQI and by continuing to report after I disputed and submitted identity theft evidence, Midland violated : FCRA 1681s-2 ( b ) Duty to reinvestigate upon notice of dispute FCRA 1681i ( a ) ( 1 ) Failure to conduct a reasonable investigation FDCPA 807 ( 8 ) Threatening legal outcomes not permitted or backed by proof Under the Gramm-Leach-Bliley Act, Midland is required to safeguard consumer data and avoid improper disclosure or use. Their continued handling of disputed/identity theft-linked data despite notification constitutes : GLBA 68016809 violations ( failure to ensure privacy and integrity of consumer data ) Potential breaches of data minimization and sharing rules with CRAs Supporting Case Laws : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) Continuing collection after receiving dispute letter violates FDCPA 809 ( b ) XXXX XXXX XXXX XXXX XXXX XXXX All collection activity must cease pending proper validation XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX XXXXXXXX XXXX XXXX credit reporting = third-party communication XXXX XXXX Midland, XXXX XXXX XXXX. XXXX XXXX Credit reporting is a collection act under FDCPA XXXX XXXX XXXX XXXX, XXXX XXXX XXXX Reporting to pressure payment is a form of coercion

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Disclaimer

This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.

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