Encore Capital Group is a debt collection agency, which receives a lot of consumer complaints to our law firm for debt harassment. Find out who they are, why they might be calling, and how you can stop them.
What is Encore Capital Group?
Encore Capital Group is a publicly traded company (NASDAQ:ECPG) which works in 14 countries around the world. The behemoth is based in San Diego, California. They also have offices Arizona, Minnesota, Michigan, Pennsylvania, Virginia, and Puerto Rico, along with offices outside the U.S. Encore Capital Group is the biggest non-private debt purchaser in the U.S. Its important U.S. subsidiaries are Midland Credit Management, Asset Acceptance, Ascension Capital Group, Midland Funding, and Atlantic Credit & Finance
To encourage customers to settle accounts, Encore Capital Group has instituted a policy in which paid off or settled accounts are removed from credit bureau reports after two years rather than the standard seven years.
Have questions? Call us now at 475-277-1600 for a Free Case Evaluation.
Our services are absolutely FREE to you.
The harassing company pays our fees.
Is Encore Capital Group a scam?
They’re legit. Although a legitimate collection agency, there have been a couple of government activities against Encore Capital Group through the years. In 2015, New York’s Attorney General reach a settlement with the debt purchaser for getting more than 4,500 legal conclusions about $18 million in time-barred debt. That same year, the Consumer Financial Protection Bureau declared that ECG bought faulty loans with inadequate documentation and used false statements and imitation court records to collect from customers. The approval degree included a provision to refund $42 million to consumers and pay a penalty of $10 million.
Who are we? We are Lemberg Law, a Consumer Law Firm
Lemberg Law is a consumer law firm helping victims of collection harassment and abuse. We are ranked A+ by the BBB. We’ve helped more than 15,000 consumers stop harassment and recover money from debt collectors. Harassed? Abused? Misled by a collector? Call our Helpline today! There is no charge unless we win.
How many complaints are there against Encore Capital Group?
As of April 2017, the Better Business Bureau reported 484 closed Midland Credit Management complaints over the previous few decades, including 105 closed Midland Credit Management complaints over the past 12 months. The BBB provides ECG an A- rating. Additionally, Justia lists 21 Encore Capital Group complaints filed in federal court in the past year alleging violations of the Fair Debt Collection Practices Act, one alleging violations of the Fair Credit Reporting Act, and one alleging violations of the Telephone Consumer Protection Act. Moreover, the Consumer Financial Protection Bureau (CFPB) lists 1470 closed complaints for 2016.
Can Encore Capital Group Sue Me or Garnish My Wages?
It is illegal for a debt collector to make empty threats to sue you or garnish your wages. It is also unlikely ECG would sue you for a debt you may not owe or they cannot validate. However, debt collection agencies are known to have summoned debtors to court and garnish wages after a default judgement. Contacting an attorney BEFORE this could possibly happen would be a smart move. We’ve helped thousands of consumers fight back against unscrupulous debt collection harassers. Find out if we can help you too today!
Unlawful Debt Harassment? Learn the Law & Sue the Collector.
Can you help me file a No Fee Lawsuit against Encore Capital Group?
Absolutely. Here are Some Sample Cases Filed in Federal Court
In 2013, a judge in U.S. District Court, Eastern District of Wisconsin, denied in part and granted in part Encore Capital Group’s motion to dismiss Smith vs. Encore Capital Group for alleged violations of the Fair Debt Collection Practices Act and Fair Credit Reporting Act. According to the judge’s decision, the customer said that he had received a letter from Midland Credit Management stating that Midland Funding had bought his Citibank account, offering a discount if payment was made before a specific date, and promising to notify credit bureaus that the debt has been paid in full. The second page of this letter included a note that he had 30 days to dispute the debt, and that, if he did, Midland Credit Management would offer the name and address of the original creditor. The letter stated the consumer owed $778, but that the amount “could be higher due to interest, late fees, and other fees that may differ from day to day.” The letter stated, “a negative credit report reflecting on your credit report may be submitted to a credit reporting agency if you fail to meet the conditions of your credit obligations.” The judge dismissed one of the customer’s FCRA claims, but refused Encore Capital Group’s arguments in a different FCRA case. The judge ruled that the customer had said sufficient allegations to support a claim for false representation; misrepresenting the character, quantity, and legal status of a debt; conveying false credit information, using unfair or unconscionable means to collect a debt; and failing to stop collection before providing confirmation of the debt. The situation was allowed to proceed forward.
Press Releases of Lawsuits Brought On By Lemberg Law
August 3, 2017. Lemberg Law is pleased to announce that it has been appointed Liason Counsel for opt out plaintiffs in the TCPA class action against Encore Capital Group, Inc. (Nasdaq: ECPG) subsidiary Midland Credit Management Inc. (Midland), and several related companies. Previously, the parties had agreed to settle the Telephone Consumer Protection Act class action. Plaintiffs claimed that Midland Credit violated the TCPA by using an automatic telephone dialing system or an artificial or prerecorded voice to call cell phones without the prior express consent of the call recipients.
Under the settlement, the class received $13 million in credits toward their accounts, $2 Million in cash, plus payment of counsel fees. The class settlement was approved by the Court.
However, a number of individual plaintiffs opted out of the class settlement. They claim that Midland Credit Management and its subsidiary Midland Funding harassed them using an automatic dialer without their prior consent, in violation of Telephone Consumers Protection Act. Lemberg Law represents roughly 30 such plaintiffs. The firm has just been Appointed Liason Counsel in the Midland Credit Management MDL to coordinate discovery in individual cases.
Encore Capital Group Calling You?
Federal laws protect you. The Fair Debt Collections Practices Act (FDCPA) regulates the behavior of collection agencies by prohibiting actions such as the use of abusive or threatening language; harassment; or the use of false or misleading information to collect a debt. The FCRA regulates how collection agencies and creditors report delinquent debts to credit reporting agencies. Additional consumer protection laws include the Telephone Consumer Protection Act (TCPA) and the Consumer Financial Protection Act (CFPA).
But here’s the rub: If you want to enforce your rights, or recover money for violations — you need to sue. These laws provide individuals like you with a means to seek monetary damages in court. For example, the FDCPA allows consumers who have been violated to recover damages of up to $1,000, plus attorney fees and court costs.
Consumers have reported this agency harassing them from the following numbers:
Want to Stop Encore Capital Group Debt Collection Harassment Now?
Your debt harassment checklist:
You are receiving multiple calls per week from third party collection agencies
You are receiving early morning or late night calls from debt collectors
You are recieving calls at work from a debt collection agency
Debt collectors are calling your friends, neighbors, or coworkers
Collectors are threatening you with violence, a lawsuit, or arrest
A debt collector attempts to collect more than you owe
You are being threatened with negative credit reporting
A debt collector attempts to intimidate you
Criminal accusations are being made towards you
Use of obscene language during an attempt to collect
Automated robocalls are being made to your phone in an attempt to collect
“You’re very professional and useful…. For once I did not feel as though I was alone in the conflict. I got a check in the company — which was amazing in itself — but also the debt collector is no longer on my spine. It feels like a burden has been lifted off my shoulders.”
“Know that you, Vlad, and your company did a fantastic thing. You took on a huge company for small people and righted a wrong. For this we are thankful.”
“I received outstanding professionalism from the own staff. I had a horrible experience when trying to solve a debt. 1 debt collector associate said she would speak to the prosecutor’s office and another representative told me that when I called the office back he would call the police and have me arrested. I had been insulted, mocked, and threatened, and feared that the police would appear at my door any given moment.”
Can You Help Me Delete Encore Capital Group from My Credit Report?
Contact us now and we’ll clarify.
Share your story
Have you had a bad experience with this agency’s debt collectors? Sound off and share your experience with other visitors in the comment box below.
About the Author:
Sergei Lemberg is a lawyer whose practice focuses on consumer law, class actions and personal injury litigation. He has been repeatedly recognized as the “most active consumer attorney” in the country. In 2020, Mr. Lemberg represented Noah Duguid in the United States Supreme Court in the case entitled Duguid v. Facebook. He is the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.