Date Received: 2021-10-04
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: RE : Attentively review my formal writ composed declaration of not proven complaint misinformation that is all or in part : deficient of the adequate current status in the fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable, complaint obligatory, and regulatory requisite reporting thereby mandating your immediate actions to rectify and remedy and any infractions behavior ( s ) by retaining or returning to demonstrate TRUE, CORRECT, COMPLETE, and COMPLAINT METRO 2 data field formatted reporting!!! I am a victim of identity- theft, I am writing to request that you block all accounts disputed as fraudulent on my credit reports with XXXX , XXXX , and XXXX. This information does not relate to any transactions I have made. I did not give anyone authorization or consent to use my personal information. I hereby exercise my legal rights enacted by Congress and The Federal Trade Commission, which explicitly states when a victim of identity-theft dispute a fraudulent account on his/her credit report it shall be honored by all credit bureaus and all fraudulent information should be blocked within 4 days and proper notification shall be given to all data furnishers pursuant to section 605b of The Federal Fair Credit Reporting Act. Failure to comply shall lead to complaints being filed with The XXXX XXXX XXXX, Consumer Financial Protection Bureau, and Attorney General stating your companys unlawful collection practices, misrepresentation of creditworthiness, defamation of character, and noncompliance to abide by laws enacted by Congress to protect victims of identity-theft who's credit been impacted by acts of fraud. Because I know my rights under THE FAIR CREDIT REPORTING ACT, CONSUMER CREDIT PROTECTION ACT ( CCPA ), and FAIR and ACCURATE CREDIT TRANSACTION ACT of 2003 ( FACTA ). I will be taking action. I also know my rights under this paragraph of Section 312 of the FACTA LAW : SEC.312. Procedures to enhance the accuracy and integrity of information furnished to consumer reporting agencies. ( b ) duty of furnishers to provide accurate information. -- Section 623 ( a ) ( 1 ) of THE FAIR CREDIT REPORTING ACT ( 15 U.S.C . 1681s-2 ( a ) ( 1 ) is amended ( 1 ) in subparagraph ( A ), by striking " knows or consciously avoids knowing the information is inaccurate '' and inserting " knows or has reasonable cause to believe that the information is inaccurate '', and ( XXXX ) by adding at the end of the following : ( D ) DEFINITION -- For purposes of subparagraph ( A ), the term 'reasonable cause to believe that the information is inaccurate ' means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of information. Policy states. According to the Fair Credit Reporting Act FCRA 611 ( 15 U.S.C 1681 ), Procedure In Case of Disputed Accuracy. ( a ) Reinvestigation ( 1 ) Reinvestigation ( a ) In general. Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit-reporting agency, are reporting incorrect accounts. 1. MIDLANDCRE bal. {$400.00} I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is this in mind that I request that these listed accounts and items be Blocked and Deleted. According to the Fair Credit Reporting Act FCRA, Section 1681c ( 2 ) Block of information resulting from identity theft. 1.Block. Except as otherwise provided in this section, a consumer reporting shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from alleged identity theft, not later than four ( 4 ) business days after the date receipt by such agency of 1. Appropriate proof of identity of the consumer ; 2. A copy of an identity theft report 3. The identification of such information by the consumer ; and 4. A statement by the consumer that the information relating to the transaction by the consumer. I have provided all of the above listed four ( 4 ) items within this package. Therefore, I expect these listed accounts to be deleted and blocked within ( 4 ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted. Enclosures : Identity Theft Report Proof of Identity Copy of Account Statement showing Fraudulent Items FTC Notice to Furnishers CC : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, Iowa XXXX
Company Response:
State: PA
Zip: 19146
Submitted Via: Web
Date Sent: 2021-10-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-04
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: RE : Attentively review my formal writ composed declaration of not proven complaint misinformation that is all or in part : deficient of the adequate current status in the fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable, complaint obligatory, and regulatory requisite reporting thereby mandating your immediate actions to rectify and remedy and any infractions behavior ( s ) by retaining or returning to demonstrate TRUE, CORRECT, COMPLETE, and COMPLAINT METRO 2 data field formatted reporting!!! I am a victim of identity- theft, I am writing to request that you block all accounts disputed as fraudulent on my credit reports with XXXX , XXXX , and XXXX. This information does not relate to any transactions I have made. I did not give anyone authorization or consent to use my personal information. I hereby exercise my legal rights enacted by Congress and The Federal Trade Commission, which explicitly states when a victim of identity-theft dispute a fraudulent account on his/her credit report it shall be honored by all credit bureaus and all fraudulent information should be blocked within 4 days and proper notification shall be given to all data furnishers pursuant to section 605b of The Federal Fair Credit Reporting Act. Failure to comply shall lead to complaints being filed with The XXXX XXXX XXXX, Consumer Financial Protection Bureau, and Attorney General stating your companys unlawful collection practices, misrepresentation of creditworthiness, defamation of character, and noncompliance to abide by laws enacted by Congress to protect victims of identity-theft who's credit been impacted by acts of fraud. Because I know my rights under THE FAIR CREDIT REPORTING ACT, CONSUMER CREDIT PROTECTION ACT ( CCPA ), and FAIR and ACCURATE CREDIT TRANSACTION ACT of 2003 ( FACTA ). I will be taking action. I also know my rights under this paragraph of Section 312 of the FACTA LAW : SEC.312. Procedures to enhance the accuracy and integrity of information furnished to consumer reporting agencies. ( b ) duty of furnishers to provide accurate information. -- Section 623 ( a ) ( 1 ) of THE FAIR CREDIT REPORTING ACT ( 15 U.S.C . 1681s-2 ( a ) ( 1 ) is amended ( 1 ) in subparagraph ( A ), by striking " knows or consciously avoids knowing the information is inaccurate '' and inserting " knows or has reasonable cause to believe that the information is inaccurate '', and ( 2 ) by adding at the end of the following : ( D ) DEFINITION -- For purposes of subparagraph ( A ), the term 'reasonable cause to believe that the information is inaccurate ' means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of information. Policy states. According to the Fair Credit Reporting Act FCRA 611 ( 15 U.S.C 1681 ), Procedure In Case of Disputed Accuracy. ( a ) Reinvestigation ( 1 ) Reinvestigation ( a ) In general. Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit-reporting agency, are reporting incorrect accounts. 1 .MIDLANDCRE bal. {$1700.00} I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is this in mind that I request that these listed accounts and items be Blocked and Deleted. According to the Fair Credit Reporting Act FCRA, Section 1681c ( 2 ) Block of information resulting from identity theft. 1.Block. Except as otherwise provided in this section, a consumer reporting shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from alleged identity theft, not later than four ( 4 ) business days after the date receipt by such agency of 1. Appropriate proof of identity of the consumer ; 2. A copy of an identity theft report 3. The identification of such information by the consumer ; and 4. A statement by the consumer that the information relating to the transaction by the consumer. I have provided all of the above listed four ( 4 ) items within this package. Therefore, I expect these listed accounts to be deleted and blocked within ( 4 ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted. Enclosures : Identity Theft Report Proof of Identity Copy of Account Statement showing Fraudulent Items FTC Notice to Furnishers CC : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, Iowa XXXX
Company Response:
State: PA
Zip: 19146
Submitted Via: Web
Date Sent: 2021-10-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-02
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: On XX/XX/2021, Midland Credit Management served me with a notice to appear to a pre-trial conference/mediation, alleging I owed them {$3300.00} on a credit card debt originally issued by XXXX XXXX , which they had purchased. This was the first time I heard of that alleged debt. I called their lawyer up and ask for details. The lawyer asked if I knew of an address in Kentucky, which was totally unknown to me. Upon a quick investigation with the vendor, it appeared I was victim of identity theft. I filed a report, appeared at the pre-trial conference, and submitted a Counterclaim in the Small Claims Court. The derogatory report submitted by Midland to the various CRAs resulted in StudentAid declining me a {$30000.00} Parent Plus Student Loan for my son who is in Senior year in College, and for his landlord declining me as a guarantor for his lease. My son was in mental health therapy at the time and this additional stress clearly aggravated his condition. I asked for {$8000.00} on damages. A couple of days after the conference, Midland asked the Court to dismiss their claim, and filed a Motion to Dismiss my Counterclaim, arguing that " Courts have consistently concluded that the FCRA does not provide a private cause of action for violations of Section 1681s-2 ( a ). See 15 U.S.C. 1682s-2 ( d ) : Longman, 702 F.3d at 151 ( " [ T ] he statute plainly restricts enforcement of [ 15 U.S.C. 1681s-2 ( a ) to federal and state authorities. " ), '' and concluding " Even assuming all of the allegations were true and taken in the light most favorable to the Defendant, the Counterclaim would still fail to state any claim upon which relief may be granted under the FCRA. '' I was served with the Motion to Dismiss on XX/XX/2021. I have not heard from the Court yet, and I would like to know if indeed Midland 's assertion that I have no cause of action is correct. If it is, please let me know how best handle this matter in order to obtain proper redress. Thank you.
Company Response:
State: FL
Zip: 33418
Submitted Via: Web
Date Sent: 2021-10-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-02
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Received collection notice from Midland Credit Management regarding amount owed to XXXX XXXX MCM Account number ( XXXX ). I have never had an account with this agency. I sent several letters to Midland requesting that debt be verified. Midland response did not provide proof of debt. The company could not provide any legal documents bearing my original signature on application with the company binding any legal obligation. I did not give permission to any creditor for my HIPPA information to be sold from to a debt collection agency. I have requested that Midland Credit Management remove this negative item from all credit reports as derogatory debt.
Company Response:
State: AL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-10-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-01
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: I am being sued by a collections company ( Midland Credit Management ) for a debt that they purchased, when asked them to validate debt, they sent copies of a statement from original credit card. No actual proof of me owing them the debt.
Company Response:
State: TX
Zip: 76262
Submitted Via: Web
Date Sent: 2021-10-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-01
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I set of pay arrangement with the original debtor XXXX XXXX. When my debt was sold to a collection agency midland that started harassing me on my job. I then attempted to dispute account it was removed and then placed back on my account a few months later. I do not owe anymore monies to this company and would like to see the original contract for proof.
Company Response:
State: GA
Zip: 30741
Submitted Via: Web
Date Sent: 2021-10-02
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-01
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: This is XXXX XXXX, who is submitting this CFPB complaint myself, and to inform you that there is no third party involved in the process. I sent letters to the companies and the date of the last letter was on XX/XX/2021. And now we are in the month of XX/XX/2021 and still nothing from them. That means they have NOT complied with the Fair Credit Reporting Act law and continued to report inaccurate information on my credit report. REMOVE THESE FOLLOWING ACCOUNTS COMPLETELY FROM MY CREDIT REPORT : XXXX XXXX XXXX MIDLAND CRED XXXX MIDLAND CRED XXXX XXXX XXXX XXXX
Company Response:
State: NJ
Zip: 07036
Submitted Via: Web
Date Sent: 2021-10-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-01
Issue: Problem with a purchase shown on your statement
Subissue: Credit card company isn't resolving a dispute about a purchase on your statement
Consumer Complaint: midland credit management responded to my letter by saying that they are using the Texas finance code. I have never open an account in the State of Texas. They didn't provide me the following : the original amount or credit limit of the contract. No XXXX on the credit report No complete credit history from the beginning of the original contract. the response i got from this debt collector was, quote, '' in order for us to further investigate i need to send you information that you should already have. act # XXXX : amount : XXXX. Send me a complete and accurate account with all the information in it or Delete it from my credit reports.
Company Response:
State: TX
Zip: 77083
Submitted Via: Web
Date Sent: 2021-10-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-30
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: My name is XXXX XXXX, and I am sending this request myself to address the inaccuracies on my Credit Reports. I provided proof that this company was falsely representing itself as a creditor which was a deceptive practice and in violation of the Equal Credit Opportunity Act. And where is the proof of payment history of this account? The XXXX Credit Bureau chose not to investigate and chose to continue reporting fraudulent practices. That is unethical and damaging as a law-abiding consumer. REMOVE THIS COLLECTION ACCOUNT COMPLETELY FROM MY CREDIT REPORT.
Company Response:
State: CA
Zip: 90005
Submitted Via: Web
Date Sent: 2021-10-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-09-30
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: On XX/XX/2021, I reached out to Midland Credit Management regarding a possible debt that may be owed to their company. It was listed on my credit report, so I decided to act. I requested validation from Midland Credit Management on numerous occasions. I received letters that were nothing but a stall tactic in hopes that I won't continue to ask for validation. The letter that was received basically asked, " what I was disputing? '' I was not disputing the debt, I asked for validation. I sent another letter stating that I was aware of my rights regarding debt validation, and I was ignored again.
Company Response:
State: LA
Zip: 70460
Submitted Via: Web
Date Sent: 2021-09-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A