Date Received: 2022-08-14
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: Midland XXXX is reporting is reporting a debt that is Ive rXXXX years old. I have tried to dispute it several times but the credit bureau keeps telling me that the account is valid.
Company Response:
State: NY
Zip: 11207
Submitted Via: Web
Date Sent: 2022-08-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-13
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: In XXXX I received a letter saying that midland credit was suing me on behalf of XXXX XXXX. I was not aware that if I accepted out of court I would receive a judgement on my name. Once settled I agreed to pay {$50.00} a month until the balance was {$0.00}. I wasnt able to keep up with payments due to midland changing the website that I originally started using to pay. In XX/XX/XXXX they garnished XXXX out of my paycheck and in XX/XX/XXXX they garnished the remaining XXXX. It is now XXXX and the company refuses to take this off my credit report. Every time I dispute with them they keep saying my debt is valid when indeed it is not. The fact that they keep falsely reporting on my credit report is not only hurtful but a violation of my privacy as I never consented for my information to being shared and publicized CFPB complaint In accordance with the Fair Credit Reporting act XXXX XXXXXXXX XXXXXXXX XXXX Account #. has violated my rights. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions FCRA permits an individual to recover money damages if they can prove they were harmed by false credit reporting. The categories of damages include statutory damages, actual damages and punitive damages. 15 USC 1681n and o. Actual damages include damages for personal humiliation, embarrassment, mental anguish and emotional distressIt includes all highly unpleasant mental reactions such as fright or grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, worry and nausea. McCollough v. Johnson, Rodenburg & Lauinger, LLC, 637 F.3d 939, 957 ( 9th Cir. XXXX ) ; see also Cushman v. Trans Union Corp., 115 F.3d 220, 225-27 ( 3d Cir. XXXX ) ( actual damages may be emotional in nature ) ; and Guimond v. Trans Union, 45 F.3d 1329, 1333 ( 9th Cir. XXXX ) .Other categories include loss of credit opportunity. Cortez v. Trans Union , LLC, 617 F.3d 688, 719-20 ( 3d Cir. XXXX ). Plaintiffs can recover damages for credit defamation. Dalton v. Capital Assoc., 257 F.3d 409, 418-19 ( 4th Cir. XXXX ). Economic or financial loss is also recoverable. Guimond v. Trans Union, 45 F.3d 1329, 1333 ( 9th Cir. XXXX ). Recently published cases show that courts are willing to assess damages to fully compensate victims of false credit reporting. In Bach v. First Union Nat'l Bank, 486 F.3d 150 ( 6th Cir. XXXX ), the court upheld a jury award of {$400000.00} for compensatory damages in a case that involved attempts to resolve reporting inaccuracies and repeated denials of credit. In Brim v. Midland Credit Management, 795 F.Supp.2d 1255 ( N.D. AlaXXXX XXXX ) the court upheld awards of {$100000.00} in compensatory damages and {$620000.00} in punitive damages for a case involving wrongful credit reporting by a collection agency. Similarly, in the case of Sloane v. Equifax Information Services, 510 F.3d 495 ( 4th Cir. XXXX ) the Fourth Circuit approved an award of emotional distress damages of {$150000.00} for credit reporting violations.
Company Response:
State: MS
Zip: 39402
Submitted Via: Web
Date Sent: 2022-08-13
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-12
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: MIDLAND CREDIT MANAGEMENT at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX has been sending me notices in the amount of {$610.00}. The collection has been reported as past due balance. I do not know this company, nor have I ever done any business with this company. This company does not have a contact with my signature.
Company Response:
State: OH
Zip: 442XX
Submitted Via: Web
Date Sent: 2022-08-12
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-12
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: The complaint alleges the violations of the Consumer Financial Protection Act of 2010 ( CFPA ) ; 12 U.S.C. 5531, 5536 ( a ), 5564, 5565 ; and the Fair Debt Collection Practices Act ( FDCPA ) ; 15 U.S.C. 1692-1692p ; in connection with debt collection act and practices. In accordance with the Fair Credit Reporting act ( FCRA ) ; MIDLAND CREDIT MANAGEMENT, has violated my rights. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions.
Company Response:
State: OH
Zip: 442XX
Submitted Via: Web
Date Sent: 2022-08-12
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-12
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I have sent in numerous of letters an FTC reports to this company regarding this fraudulent account that was opened in my name. This company has completely ignored my request to have this account removed or investigated properly. This account is hindering me from moving forward in my life. This matter needs to be addressed and fixed expeditiously!
Company Response:
State: WA
Zip: 98516
Submitted Via: Web
Date Sent: 2022-08-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-12
Issue: Getting a credit card
Subissue: Card opened as result of identity theft or fraud
Consumer Complaint: XXXXXXXX XXXX allowed a credit card for XXXX XXXX to go through in my name in the amount of {$830.00} back in XXXX of XXXX i already reported this issue in XXXX when I found this on my credit report im trying to take care of my credit report due to buying a house and can not due to this account being on there and I did not give the ok for this to go through i have never tried for this credit card nor did i approve for them to pull my credit to approve this amount.
Company Response:
State: AL
Zip: 355XX
Submitted Via: Web
Date Sent: 2022-08-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-12
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Hello. I recently started receiving wage garnishments from my job from Midland Credit Management. Phone : ( XXXX ) XXXX Address : XXXX XXXX XXXXXXXX, XXXX MI XXXX. They said I had a XXXX XXXX credit card balance that is now in collection. Apparently this is from XXXX. I never had a XXXX XXXX credit ... nor does any of this appear on my credit report. The also said this matter went to court and a judgement was placed against me in XXXX. I was never served any court papers, therefor never went to court on this case. I had no idea there was a court case, judgement against me. I also called the courts and they said this is such an old case and there is not much I can do, but hire an attorney. I don't have money to hire legal aid.
Company Response:
State: CA
Zip: 90059
Submitted Via: Web
Date Sent: 2022-08-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-12
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: " Midland Credit '' continues to harass me with at least one call every day, including weekends, evenings ( up to XXXX XXXX ) and early mornings ( before XXXX XXXX ). Caller ID identifies the caller as " Midland Credit '' however a different number is used every time, making it impossible to block the calls. I have previously told them to stop calling me, however they continue to call. A few of the numbers that I received this call from are below. It is not exhaustive because they use a different number every single time. XXXX XXXX XXXX XXXX XXXX XXXX XXXX If there is a debt owed, Midland Credit is not the original owner of the debt. I have contacted companies I have owed money to and made attempts to resolve through them. Midland Credit may have been sold a debt and will not stop harassing me.
Company Response:
State: CA
Zip: 92103
Submitted Via: Web
Date Sent: 2022-08-12
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-12
Issue: False statements or representation
Subissue: Impersonated attorney, law enforcement, or government official
Consumer Complaint: Pursuant to 15 U.S.C 1692g I have requested validation of debt on XX/XX/2022, certified mail with a green return receipt and on XX/XX/2022 I received correspondence back with what supposed to be validation that I owed Midland Bank an alleged debt. I only received a contract and statements in their response to my request. However Pursuant to 15 U.S.C 1692g ( a ) ( 4 ) Midland Bank did not satisfy the minimum requirements for a valid request. The information provide does not consist with the list of things congress said should be provide to a consumer to validate any alleged debt. Midland is attempting to collect on a debt without sufficient evidence that this alleged debt is owed to them by me, and in attempting to collect this alleged debt they have violated my rights as a federally protected consumer Under the FDCPA as well as the FCRA.
Company Response:
State: IL
Zip: 60620
Submitted Via: Web
Date Sent: 2022-08-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-11
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: In XX/XX/2022, I received a letter from XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) informing me that they had charged off my XXXX account and sold it to Midland Credit Management ( MCM ) for collections. On XX/XX/2022, I paid off the entire balance owed of {$2200.00} using my bank debit card. On XX/XX/2022, I received a letter from MCM stating I had a XXXX XXXX balance on my XXXX XXXX I spoke with MCM and they told me that I paid off the debt before they were able to report the collections to the credit bureaus, so therefore they don't have a collection line item to update and they would not be able to update the XXXX XXXX XXXX credit bureau line item. When I called XXXX XXXX XXXX they tell me that they no longer have the account and that I will have to resolve the credit bureau update with MCM. So, no one at either company is willing to update my credit profile to reflex the balance has been paid in full.
Company Response:
State: FL
Zip: 32137
Submitted Via: Web
Date Sent: 2022-08-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A