George A. Edwards
9169 SW 96 Ave.
Miami, FL 33176
Jon Leibowitz, Chairman
Federal Trade Commission
600 Pennsylvania Avenue, NW
WASHINGTON, D.C. 20580
9/9/2010
Mr. Leibowitz
I see where the FTC protects debtors from unfair and abusive tactics by debt collectors. I do not see what protection there is for people that unfortunately have the same name as a debtor.
I have been inundated by telephone calls and mail from collection agencies, specifically, Encore Capital Group/Midland Credit Management and Portfolio Recovery. They are calling for a George Edwards and/or Anthony Edwards. I must endure their grilling until I can prove to them I am not the person they seek. Each of these calls upset and causes me great emotional distress.
Encore Capital Group/Midland Credit Management company appeared before the FTC and declared that they only get debtor’s addresses from the original creditor. When I contacted the original creditor as listed in their document, they assured me their debtor did not use my address when applying for credit. When I question Encore Capital Group/Midland Credit Management Company again, they said a third party vendor furnished my name to them. When I asked what the name of the third party vendor was, they told me they could not release that information to me. The other company claimed the same protections. When another of George/Anthony Edwards’ debts goes delinquent, I get the harassing calls.
Can the FTC help citizens that are not debtors?
I would greatly appreciate a staff response by September 30th. Email is best: george.a.edwards@gmail.com
Sincerely,
George Edwards
Following is copy of an e-mail I sent to Brandon Black, President of Encore Capital Group/Midland Credit Management.
On April 22, 2010, your company sent a letter to Anthony Edwards. The MCM Account Number is 8528977476, the original Creditor was HSBC and the current balance is $1,667.41.
The problem I have with your company's letter is, it was sent to my home address. I am NOT Anthony Edwards. I do not know anyone named Anthony Edwards.
An additional Privacy Notice was included with your letter. In that notice it says "Information we receive from you on applications...include Your Name. Address, Social Security Number...Other relevant information that you provide"
I know that Anthony Edwards never used my home address when he applied for HSBC credit, because if he did, I would have gotten statements from HSBC addressed to Anthony Edwards before he fell into arrears. I am certain that I would have gotten several letters, addressed to Anthony Edwards from HSBC demanding payment. Nothing like that ever came to my home address.
Since I have neither an HSBC account nor credit card. nor have I EVER applied for an HSBC account or credit card. How did you get my Home Address?
I can only assume because you have based your collector's pay on their performance,
(see this article, "How J. Brandon Black took Encore Capital Group from turnaround to trendsetter
By Leslie Stevens-Huffman
Smart Business San Diego | October 2007
“I don’t generate any money in this company. It’s all about the people on the phones,” Black says. “I’ve aligned everyone’s incentives with the company’s performance goals, starting with the CEO and going five levels down because everyone has to be rowing the boat in the same direction or else it will sink. Before our variable compensation was function-specific, and it was not aligned to overall company or team goals. Since we’ve taken this step, our results have improved dramatically.”)
they have a monetary incentive. If that means playing fast and loose with the rules, so be it. They send out letters or make phone calls to any one named Edwards, in Miami, hoping they will find someone that knows Anthony Edwards.
I know enough about databases that you cannot comingle specific fields within records, there is always that pesky ID number that keeps records separate. Please don't tell me it was a computer or data error.
The question is, how did you get my home address attached to Anthony Edwards' name?
Now my attorney tells me I cannot sue people like you or your company because I have not been monetarily damaged. My worry that something might happen to my credit rating and loss of sleep don't count.
I also know people and corporations have no reason to change the way they do business unless they are required to pay for their misdeeds.
Since I cannot sue you, I guess my only course of action is to write to the Federal Trade Commission, just as your company did on July 31, 2009 where your company wrote:
Federal Trade Commission
Office of the Secretary
Room H-135 (Annex A)
600 Pennsylvania Avenue, N. W.
Washington, DC 20580
Re: Debt Collection Roundtable -Comment, Project No. P094806
Dear Federal Trade Commission:
Thank you for the opportunity to provide written comments in advance of the roundtable discussion regarding "Protecting Consumers in Debt Collection Litigation and Arbitration", scheduled for Chicago on August 5-6, 2009. Our companies, Encore Capital Group, Inc. (NASDAQ: ECPG), Midland Credit Management, Inc. ("MCM"), and three debt-buying entities, Midland Funding LLC, Midland Funding NCC-2 Corporation and MRC Receivables Corporation, take this topic seriously and appreciate the FTC's efforts to gather information from interested parties. Xenia Murphy, Senior Manager, will be present at the roundtable to represent our views and answer any questions...
Evidence of Indebtedness
As noted previously, our company purchases account portfolios from national financial institutions, major retail credit corporations, and telecom companies, as well as resellers of such portfolios, and each purchase is the subject of a comprehensive written agreement that addresses all aspects of the transaction between our company and the selling entity. Our agreements not only require representations and warranties from a seller that all consumer and account information is accurate and current, but also often provide for post-purchase support from sellers regarding additional information or documents that may be needed to address consumer or court inquiries. The electronic data obtained from sellers includes a consumer's name, address, Social Security Number, telephone number and other details that are used to confirm identity, as well as specific account information regarding the charge-off and current balance, last payment date and amount, and other account activity. All of this is provided to our law firms at the time we place an account for litigation. We intend and expect that all relevant and required information is referenced in the complaint or provided to the court and the consumer in the form of an affidavit or other exhibit."
Perhaps, they can administer a fine large enough for you and companies like yours to not continue doing what you are doing. I say this because HSBC's Office of the President, (Ms. Irene Dorner), confirmed to me that my address was NEVER part of the Anthony Edwards file, that being true, you are not following the FTC regulations. In fact, your company's letter misleads them regarding your actual practices.
I wish there was some other way, but I doubt someone, as yourself, would do this voluntarily. By the way, I read about you from a Google search. If what was said about you was true, i.e., you accepted the position with a '90 day turn it around or die' directive, I was impressed. Clearly, you have the intellect, knowledge and brains to make this and probably any business a success. I just have to wonder why you are not seeing what you are doing to people like me? Is it because you really don't know how this hurts people, or that you really don't care?
If I am wrong about you or your company's practices, let me know, I'm willing to listen before I contact the Federal Trade Commission.
George Edwards
Here is copy of response from
|
Hi George,
Midland Credit received the address from a third party vendor who provides skip tracing services. Please feel free to call if you have any additional questions.
Thanks.
Kristin M. Schelfhaudt, Esq.
Corporate Counsel, Legal Affairs & Compliance
Midland Credit Management, Inc.
8875 Aero Drive, Suite 200
San Diego, CA 92123
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