Credit reporting or other personal consumer reports -- Improper use of your report -- Complaint #8193405
Complaint Overview
Complaint ID: 8193405
Company: Encore Capital Group INC.
Product: Credit reporting or other personal consumer reports
Sub-Product: Credit reporting
Issue: Improper use of your report
Sub-Issue: Reporting company used your report improperly
State: Florida
ZIP Code: 337XX
Date Received: 2024-01-20T12:00:00-05:00
Date Sent to Company: 2024-01-20T12:00:00-05:00
Company Response: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Consumer Narrative
Dear CFPB, My name is XXXX XXXX XXXX XXXX, and I am writing to demand the removal of an inaccurate collection account from my credit report and compensation for my time and effort in disputing it. The account in question is from MIDLAND FUNDING LLC. and it is showing on my credit report without my consent. I have no contract with XXXX XXXX XXXX and have given no consent for them to use my name, likeness, or credit data. Furthermore, this collection account violates the Fair Credit Reporting Act ( FCRA ) as per Section 607 ( a ) ( 1 ) and ( 2 ) of the FCRA which requires credit reporting agencies like XXXX to ensure that the information they report is accurate, complete and up-to-date. Also, Section 615 ( a ) ( 1 ) states that no person shall furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. Additionally, this violates Section 621 of the FCRA which states that any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00}, as the court may allow. Furthermore, this violates 15 U.S.C 1681 et seq, particularly 15 U.S.C. 1681i and 15 U.S.C 1681j which states that credit reporting agencies must follow reasonable procedures to ensure the maximum possible accuracy of the information concerning the individual about whom the report relates and any person who fails to comply with any requirement imposed under this title shall be liable to the United States for a civil penalty. Furthermore, this collection account was fraudulently bought and sold, which is a violation of the Fair Debt Collection Practices Act ( FDCPA ) and the Rosenthal Fair Debt Collection Practices Act ( RFDCPA ), which prohibit the sale or purchase of a debt that the seller or purchaser knows or should know is not legitimate. This also violates the prohibition of any form of deception or fraud under the federal laws such as 18 U.S.C. 1341 ( Mail Fraud ) and 18 U.S.C. 1343 ( Wire Fraud ) I demand that you immediately investigate this matter and take necessary action to remove the illegal collection account from my credit report and also compensate me for my time and effort in disputing it. Thank you for your prompt attention to this matter. Sincerely, XXXX XXXX XXXX XXXX
Frequently Asked Questions
What is Complaint #8193405 about?
Complaint #8193405 was filed against Encore Capital Group INC. regarding Credit reporting or other personal consumer reports specifically about Improper use of your report. It was received by the CFPB on 2024-01-20T12:00:00-05:00.
How did Encore Capital Group INC. respond to this complaint?
The company responded with: "Closed with non-monetary relief". 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 (Credit reporting or other personal consumer reports) 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.