Debt collection -- Took or threatened to take negative or legal action -- Complaint #4552962
Complaint Overview
Complaint ID: 4552962
Company: Encore Capital Group INC.
Product: Debt collection
Sub-Product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-Issue: Threatened or suggested your credit would be damaged
State: Florida
ZIP Code: 34761
Date Received: 2021-07-18T12:00:00-05:00
Date Sent to Company: 2021-07-18T12:00:00-05:00
Company Response: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Consumer Narrative
In XX/XX/2021 I was summoned to court because of a debt that was said to be mine, I denied the debt while in court, and stated that I wanted to see if we could come to a settlement. A letter was sent to me with the stipulations of the settlement, and I have been paying the settlement every month, but I couldn't sign something that I didn't agree with. After speaking to my attorney, I was told that I can fight this. So on XX/XX/2021 I sent a letter to Midland Credit Management sighting all of the laws under the FCRA that have been violated. I have attached the letter to this complaint. But in short, this is what I am demanding : According to 15 USC 1692i ( b ) Authorization of actions - Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. Further 15 USC 1692c ( a ) COMMUNICATION WITH THE CONSUMER GENERALLY - Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt. 15 USC 1681n ( a ) IN GENERAL - Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater. At this time, I am demanding that this case be closed, this be removed from my credit report and actual damages be paid out as a settlement to my in the amount {$2400.00}. This includes the ( 2 ) two listed violations that your company has committed and the ( 5 ) payments of {$98.00} ( totaling {$490.00} ) have been paid to your company as of XX/XX/2021. Please send the settlement letter with the details that I have included in this letter, to the above address I have provided ; I am expecting to have this matter taken care of within the next 30 days.
Frequently Asked Questions
What is Complaint #4552962 about?
Complaint #4552962 was filed against Encore Capital Group INC. regarding Debt collection specifically about Took or threatened to take negative or legal action. It was received by the CFPB on 2021-07-18T12:00:00-05:00.
How did Encore Capital Group INC. respond to this complaint?
The company responded with: "Closed with explanation". The response was timely.
What is the risk level of this complaint?
See the risk assessment section for details on this complaint's risk profile.
How do I file a similar complaint?
You can file a complaint with the CFPB at consumerfinance.gov/complaint. Select the appropriate product category (Debt collection) and describe your issue in detail.
Can I see other complaints against Encore Capital Group INC.?
Yes, visit the Encore Capital Group INC. company profile at readthecomplaint.com/company/encore-capital-group-inc to see all complaints, risk scores, and analysis.
Disclaimer
This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.