If Encore Capital Group is calling you repeatedly, sending collection letters, or threatening legal action, you may feel overwhelmed. You are not alone. Many consumers contact our office each year about aggressive debt collection tactics.
Before responding, you must know who Encore Capital Group is, why they may be contacting you, what your legal rights are under federal law, and how you can stop unwanted calls and when you may be entitled to statutory damages under federal consumer protection laws.
Who Is Encore Capital Group?
Encore Capital Group is one of the largest publicly traded debt buyers in the United States. The company purchases charged off consumer debts from banks, credit card issuers, and other lenders for a fraction of the balance, then attempts to collect the full amount from consumers.
Encore Capital Group operates through subsidiaries, including:
Midland Credit Management
Midland Funding LLC
Asset Acceptance Capital Corp
If you are receiving calls from any of these companies, they may be affiliated with Encore Capital Group. Encore is a legitimate company. However, like many large debt buyers, it has faced consumer complaints and regulatory scrutiny related to its collection practices.
Is Encore Capital Group a Scam?
Encore Capital Group itself is not a scam. It is a publicly traded corporation. However, scammers sometimes impersonate legitimate debt collectors. If something feels suspicious, request written validation and verify contact details independently. Even legitimate debt collectors must comply with federal consumer protection laws. Legitimacy does not permit harassment.
Why Is Encore Capital Group Calling Me?
Encore Capital Group may contact you for several reasons:
They believe you owe a past due account
They are attempting to collect on a charged off balance
Your phone number may have been associated with someone else’s account
It is important to understand that debt buyers rely on account data received from original creditors. Sometimes this data may be incomplete or inaccurate. You have the right to request written validation of any debt before making payment.
How to Stop Encore Capital Group Calls
You have several options.
Step 1: Request Debt Validation
Within 30 days of first contact, send a written request for validation. This forces the collector to provide proof.
Step 2: Send a Cease Communication Letter
You may request in writing that they stop contacting you. After receiving your letter, they may only contact you to confirm no further contact or to notify you of legal action.
Step 3: Document Everything
Keep call logs, voicemails, letters, screenshots of call history and copies of credit reports. Documentation strengthens potential legal claims.
Step 4: File Complaints
You may file complaints with Federal Trade Commission or your state attorney general. Most importantly you can also get legal help from a professional consumer rights attorney who can help better according to your situation.
What Complaints Have Consumers Reported?
Consumers have reported concerns such as frequent phone calls, robocalls, collection attempts on older debts, and disputes about documentation. Some complaints allege that collection efforts continued after written disputes were submitted.
It is important to state that not every complaint reflects wrongdoing. However, repeated allegations in public records and regulatory actions show why consumers should understand their rights. High volume debt buyers manage millions of accounts. Errors may occur. Knowing how to respond protects you.
How Law Protects You?
If you are feeling pressured or overwhelmed, it is important to remember that federal law protects you. Debt collectors must follow strict rules, and you have the right to hold them accountable if they do not.
Under the Fair Debt Collection Practices Act, third party collectors may not call at unreasonable hours, use threats or abusive language, misrepresent what you owe, threaten arrest, or continue contacting you after receiving a written request to stop. If this law is violated, you may recover up to $1,000 in statutory damages, plus actual damages and attorney fees.
The Telephone Consumer Protection Act protects you from unwanted robocalls and automated dialing systems. If calls were made without proper consent, you may be entitled to $500 per call, or up to $1,500 per call if the violation is willful.
The Fair Credit Reporting Act safeguards your credit report. If inaccurate information is reported and not corrected after a dispute, you may have a legal claim.
These laws exist for a reason. You are not powerless, and you do not have to tolerate harassment or inaccurate reporting.
Can Encore Capital Group Sue You?
Yes, they may file a lawsuit if the debt is valid, within the statute of limitations, and properly documented. However, they cannot legally threaten a lawsuit they do not intend to file. They also cannot garnish wages without first obtaining a court judgment. If you are served with court papers, respond promptly.
Ignoring a lawsuit may result in default judgment. If the debt is time barred, meaning the statute of limitations has expired, they may not legally enforce it through court. This is an area where legal guidance becomes important.
How to Remove Encore From Your Credit Report
If Encore Capital Group appears on your credit report, review the entry carefully.
Check balance accuracy, account dates, payment history and ownership details. If information is incorrect or unverifiable, submit a formal written dispute to the credit bureaus. They must investigate. If the reporting remains inaccurate after investigation, you may have rights under the FCRA to pursue damages. Paying a collection account does not automatically remove it. Negotiation strategies may vary depending on the circumstances.
Encore Capital Group was mandated as part of their 2020 settlement agreement to pay out over $79,000 in redress to consumers, a clear indication that litigation and regulatory scrutiny play key roles in defending individuals against aggressive or illegal practices by creditors.
Conclusion
Dealing with Encore Capital Group collection calls can feel stressful, but you have legal protections. Understanding your rights, recognizing improper tactics, and documenting communications can put you back in control. Federal laws exist to prevent abusive or unfair debt collection practices. When collectors cross legal boundaries, they may be held accountable. You do not have to handle this alone.
Staying informed and seeking professional legal guidance when necessary can help protect your finances, your credit, and your peace of mind
Seeking Professional Help
Consumer Rights Law Firm PLLC is a law firm that specializes in helping clients who are facing from Encore Capital Group harassment from debt collectors in any form, including telephone communication. Rather than suffer alone, contact our office to begin the process to stop the Encore Capital Group phone harassment. Our firm provides legal representation to help you fight against debt collector harassment. Our office has been assisting consumers since 2010. We have an A+ rating with the Better Business Bureau.
FAQs
What is Encore Capital Group, and why should I be concerned?
Encore Capital Group is the largest publicly traded debt buyer in the U.S., and you should be concerned due to their aggressive debt collection practices that may infringe on consumer rights.
What kind of harassment tactics does Encore Capital Group use?
Encore Capital Group employs aggressive tactics such as excessive phone calls, threats of legal action, robocalls, and misleading statements about debts to intimidate consumers.
How can I identify if Encore Capital Group is violating the FDCPA?
You can identify if Encore Capital Group is violating the FDCPA by noting any contact outside of legal hours, misreporting of debts, or failing to disclose information about time-barred debts.
What steps should I take if Encore Capital Group is harassing me?
If Encore Capital Group is harassing you, it’s crucial to maintain detailed records of all interactions, file complaints with the CFPB or your state’s attorney general, and consult with a consumer protection attorney for guidance.
Can I take legal action against Encore Capital Group for harassment?
Certainly, it’s within your rights to initiate legal proceedings against Encore Capital Group if you experience Encore Capital Group harassment, pursuant to the Fair Debt Collection Practices Act (FDCPA), and you might be eligible for compensation.
Who is Encore Capital Group and why are they contacting me?
Encore Capital Group is a large publicly-traded debt buyer (parent of Midland Credit Management), that purchases delinquent debts and contacts consumers to collect them.
Is Encore Capital Group a scam or a legitimate company?+
They are legitimate and operate in many countries, but have faced enforcement actions for deceptive practices and must comply with debt-collection laws.
Can Encore Capital legally harass me with phone calls?
Under the FDCPA and TCPA, they cannot engage in abusive or threatening calls, robocalls without consent, or calls at inappropriate hours.
Why am I receiving robocalls or spoofed numbers from Encore Capital?
Collectors sometimes use automated dialing systems; if these calls lack your consent, they may violate the TCPA.
Can Encore Capital sue me or garnish my wages for a debt?
They may file a lawsuit if the debt is valid and within the statute of limitations, and if successful, could garnish wages but they can’t threaten garnishment falsely.
What should I do if Encore Capital keeps calling me?
Document every communication, send a cease-and-desist letter and/or a debt validation request, and if harassment continues, file a complaint with the CFPB or FTC.
