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.
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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.
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.
Encore Capital Group
P.O. Box 939069
San Diego, CA 92193
Phone Number: 800-825-8131
It is illegal for a debt collector to threaten 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!
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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 v. 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.
The Fair Debt Collection Practices Act (FDCPA) protects you from debt collectors that are abusive or manipulative. If you are fed up with the constant contact with a debt collector, you have the right to notify the debt collector in writing that you want them to stop further communication. After that notification was received, the debt collector is needed to prevent communication with you, the customer, except for advising you that they’re stopping additional collection efforts or that they intend to sue you.
If a debt collector has mistreated you by violating the FDCPA, recourse is available. Under the FDCPA, you have the right to recover up to $1,000 in addition to court costs and lawyer fees.
Consumers have reported this agency harassing them from the following numbers:
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, 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
If you’ve been harassed by debt collectors and even one of these has happened to you, we can help. We will fight for your rights.
We can make them STOP!✋
The Lemberg Law legal team is committed to holding debt collectors accountable, so complete our form for a FREE case evaluation, or call 844-685-9200 NOW
What Our Clients are Saying
“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.”
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