Date Received: 2023-01-07
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: As mentioned in the initial dispute, according to the law you are required by law ( 12 CFR Part 1016.4 ( a ) ( 2 ) to provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to consumers before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, if you make such a disclosure other than as authorized by 1016.14 and 1016.15 of this part. 12 CFR Part 1016.7 indicates you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. 12 CFR Part 1016.7 ( g ) also states that you must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. As of today, XX/XX/XXXX, I have not received a privacy notice or Opt Out notice from midland credit management , INC or XXXX XXXX XXXX. Per 15 USC 6805 and FCRA and as a federally protected consumer, I am requesting to opt out of any and all authorizations reporting of my personal data to anyone without my prior written consent, immediately and permanently. Any further sharing of my personal data will be in violation of my rights under the Privacy Act of 1974. The provisions of 15 USC 6801 ( a ) require financial institutions to notify consumers of their information sharing practices and provide a right to opt out of certain sharing. I never received an opportunity to opt out of notice from XXXX XXXX XXXX or midland credit management , INC. Also, previously stated, as a violation of 15 USC 6802XXXX XXXX XXXX XXXX communicated my nonpublic personal information to unaffiliated third party, which is you ( midland credit management ) without my consent and without giving me the opportunity to direct such information not to be disclosed. All of the information contained in my consumer report is nonpublic personal information unless I give you permission. You are also in violation of 18 U.S.C 894 for using my consumer report with extortionate means as a way to coerce and swindle me into making payments on alleged debt I do not owe. As you are aware, XXXX XXXX collection of this debt is no longer considered as DEBT. Which, you ( midland credit management ) are a third party DEBT COLLECTOR, which means the debt has been charged-off and is now considered as a CERTIFICATE OF INDEBTNESS ( 26 CFR 1.6050P-1-information reporting for discharges of indebtness by certain entities ) as well as income ; and income can not be reported on my consumer report. As I previously stated, per 15 USC 6805 and FCRA and as a federally protected consumer, I am opting out of any and all authorizations reporting of my personal data to anyone without my prior written consent. Any further sharing of my personal data will be in violation of my rights under the Privacy Act of 1974 and copyright protection. To reintegrate, I did not give you, midland credit management or XXXX XXXX XXXX, authorization or permission to have my current personal identifying information, which you have obtained by aggravated identity theft in accordance with 18 U.S.C 1028A. Please be advised that I dispute the validity of the listed alleged debt in its entirety. You are requesting that I provide you with proof of non-validity, that request is DIRECTED to you for you to provide, since you believe I owe the ALLEGED debt. Again, I am requesting a copy of a contract or agreement signed by the alleged original creditor and all parties to any such contract provided. Be advised that a BILLING STATEMENT, which you mentioned in your response, notice or any unsigned document is NOT verification of the alleged debt. You are on notice that you are unlawfully attempting to collect the listed alleged debt. If you opt to provide verification, also provide me with proof of the chain of title ownership of the debt. Also, if the alleged debt was acquired by a debt buyer, you would also need to provide proof of the chain title of the alleged debt, and this must be from the original creditor to the current alleged without a break in chain. This is a notice to CEASE and DESIST of all illegal activities, including reporting which constitutes collection activities. This is also a NOTICE exercising my rights to prevent the processing of my personal data. Failure to remove this debt within 4 days from my consumer report as requested will result in legal matters being taken upon you. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by mail. This is an attempt to correct your records, any information obtained shall be used for that purpose. During this time collection activity must cease and desist. If any adverse action that is taken during this validation period that negatively impacts my Credit Report, including any potentially inaccurate information, I will instruct my legal consul to take relevant action against you by filing a FEDERAL CIVIL CASE against you, midland credit management and XXXX XXXX bank. You must immediately remove the collections you fraudulently placed on my credit reports until such a time as the debt is proven valid. If I personally do not receive any response from you for VALIDATION of this account within 4 days, all references and claims to this account must be deleted from your files. Adverse actions taken against me denying my rights, of which the civil damages pursuant to 15 USC 1611 ( 1 ) are up to { { { { {$5000.00} } } } } per violation, civil damages for 15 USC 1692 ( j ) are up to { { { { {$1000.00} } } } } .per violation NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT SILENCE IS ACQUIESCENCE.
Company Response:
State: TX
Zip: 77433
Submitted Via: Web
Date Sent: 2023-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-07
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: XXXX XXXX XXXX at XXXX XXXX XXXX XXXX, VA XXXX has two accounts posted to my credit report stating they were opened in XXXX, they didn't even show up on my credit report till XXXX though & are definitely purchased old debts that are closed, ( as seen on my reports ) & over 7 years old or more. They are far too old to be on my credit report. The company itself has not reached out to me personally, ( in fact, I wouldn't have known about it if it wasn't for self-credit monitoring ). However, just as with the previous company I reached out to you about, reporting it for dispute with the credit companies, failed. The fact that they have reported it as in their possession for 4 years without payment, even though we never spoke, much less agreed on payments, is just dragging my credit down BAD. I've worked extremely hard to repair it, ( as I believe my recent, factual history shows ), what this company & others like it are doing is just immoral. The first they are reporting is from ; Original creditor : XXXX XXXX XXXX The Second is from ; Original creditor : XXXX XXXX Which brings me to another issue, a second company, MIDLAND FUNDING is also falsely reporting an old debt as opened in XXXX, ( Never received anything from them either ). They are doing the same as the company I mentioned first, lying about the date the account was opened, lying about missing payments & reporting to the three major credit bureaus every month since XX/XX/XXXX. Yet, I've never spoken to anyone! This company also claims to have the same original creditor : XXXX XXXX but with a slightly, VERY slightly different balance. So, to review, company one is, Name : XXXX XXXX XXXX Address : XXXX XXXX XXXX XXXX, VA XXXX Phone number : ( XXXX ) XXXX Company two is, Name : XXXX XXXX Address : XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, CA XXXX Phone number : ( XXXX ) XXXX
Company Response:
State: SC
Zip: 29349
Submitted Via: Web
Date Sent: 2023-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-07
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: To who this may concern, I am submitting this complaint to the CFPB in regards to XXXX XXXX threats to sue for an alleged debt that they have yet to prove belongs to me. They have been using abusive and deceptive practices in trying to collect on this alleged debt. I have written this company several times asking for proof that this debt belongs to me and they have failed to provide such proof. XXXX XXXX has not done that. Instead they continue to send threating letters to sue without having proper license to collect in my state of GeorgiaXXXX I've asked them to send proof of debt and they sent an old bill and a bill does not substitute as proof that a debt is valid. I also asked them to provide me proof that they have the authority to collect in my state and that was not provided either. I demand for this company to STOP all collection attempts and remove my information from their database. I also am seeking remedy for emotional stress due to their threats. I will attach a letter that was sent to me back in XXXX as I am unable to locate the letter they sent in XXXX. I live in the state of Georgia in which XXXX XXXX does not have the license to actively collect in this state. I am seeking {$1000.00} remedy and my information permanently removed from their database immediately. Best Regards, XXXX XXXX
Company Response:
State: GA
Zip: 31322
Submitted Via: Web
Date Sent: 2023-01-07
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-06
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: This complaint is regarding accounts. Per track, it's been several months with no information given, no investigations performed, and timely updates. Violates federal 15 USC 1692gf. I never authorized or given permission per 15 U.S. Code 1681 ( b ), which violates permissible purposes moreover, 15 U.S. Code 1681e ( B ) The bureaus have it reporting different pricing and multiple inaccuracies. I never authorized or given permission for this to be reported.
Company Response:
State: SC
Zip: 291XX
Submitted Via: Web
Date Sent: 2023-01-06
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-06
Issue: Took or threatened to take negative or legal action
Subissue: Sued you in a state where you do not live or did not sign for the debt
Consumer Complaint: During the month of XX/XX/2022 several call have been made to XXXX of my relative. The calls have been aggressive treats of civil suit in an different state. I have recented similar calls on my old phone I just lost last year. Now I have an gov free phone due to me finance issues.
Company Response:
State: VA
Zip: 225XX
Submitted Via: Web
Date Sent: 2023-01-06
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-07
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This collection is not mine. They keep adding collection out of no where
Company Response:
State: FL
Zip: 33709
Submitted Via: Web
Date Sent: 2023-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-07
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I was informed of the judgements/debt while trying to purchase a home this year. I was not aware that these judgements existed. The debt is not on any of my credit reports. I was never served any documents on any of these judgements. The debt is dated for 2014, which is over 7 years old.
Company Response:
State: SC
Zip: 29841
Submitted Via: Web
Date Sent: 2023-01-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-06
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: In the last couple month, I've been trying to deal with this company about how my name were used to obtain various credit. But they refused to work with me in a good faith.
Company Response:
State: MO
Zip: 64063
Submitted Via: Web
Date Sent: 2023-01-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-06
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to arrest you or take you to jail if you do not pay
Consumer Complaint: Midland credit management company calling me everyday for the XXXX XXXX XXXX XXXX n a account for the amount XXXX $ from XX/XX/2022. I explained account opened fraudulently by someone who stayed on my previous address and try to dispute this collection. They mention to sue but if i pay will not do it. I am afraid for this and require them not to do it.
Company Response:
State: IL
Zip: 60056
Submitted Via: Web
Date Sent: 2023-01-06
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-01-05
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: Received a Call from Midland Credit Management regarding a debt they purchased on me. Threatened me with wage garnishment telling me if I didn't pay them they would forwarded my file onto a local attorney in my area. They even said they would reduce my balance from {$2800.00} down to {$1800.00} and wants me to pay {$75.00} down payment and {$15.00} every 2 weeks payment. Seems very sketchy and wouldn't let me off the call with them, when I did get off they told me that if they didn't hear back from me within 24hrs that they would proceed forwarded with a legal status towards me
Company Response:
State: TX
Zip: 751XX
Submitted Via: Web
Date Sent: 2023-01-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A