Encore Capital Group is the largest publicly traded debt purchaser in Florida and throughout the country. In fact, Encore Capital Group operates in 15 countries internationally. The company also goes by the names Midland Credit Management and Midland Funding. Just because the company is so large though, does not mean they always comply with the law. Encore Capital Group, like so many other debt collectors, has been known to violate the rights of consumers. If you have been harassed by the company, or they have contacted you over a debt they allege you owe, it is important to contact a Fort Lauderdale debt defense lawyer.
Who is Encore Capital Group?
Encore Capital Group is not a scam, despite the harassing and threatening tactics the company sometimes uses. They are a legitimate company that was founded in Kansas over 60 years ago in 1953. Today, the company is based in San Diego, California, but they have offices and headquarters in many cities, including Boca Raton right here in Florida.
Encore Capital Group is a debt collection agency that purchases consumer debt from creditors and other debt collectors. They buy borrowers’ accounts for just pennies on the dollar and they then have the legal right to pursue the debt, as long as the right procedure was followed. Any debt the company recovers is then added to its own profits. Due to the fact that the debt recovered by the company is directly tied to the company’s revenue, the debt collectors are very aggressive when collecting on the debt. Additionally, they do not always follow the proper procedure, and they have even been known to break the law.
Common Complaints Against Encore Capital Group
The majority of complaints against Encore Capital Group cite violations of the Fair Debt Collection Practices Act (FDCPA). This federal law outlines many rules for debt collectors to ensure the rights of borrowers are upheld. Some borrowers have accused the company of making false representations or statements when trying to collect on the debt. This is a violation of the FDCPA. For example, a debt collector cannot tell you that they will file a lawsuit against you if they have no intention of doing so. They also cannot threaten to have you arrested or make other threats that infringe on your rights.
Accusations of improper communication tactics are common against Encore Capital Group. For example, under the FDCPA, debt collectors cannot call your employer, friends, or family and discuss the debt with you, and they can only call you during certain times of the day. Any time Encore Capital Group, or any other debt collector, calls before 8:00 a.m. or 9:00 p.m., they are violating the law and can be held accountable for it.
The Consumer Financial Protection Bureau (CFPB) had recorded over 10,000 complaints related to Encore Capital Group and that was by August of 2018 alone. Improper communication tactics and threatening lawsuits are some of the most common complaints, but there are others, as well. One of the very common complaints is when an original creditor had removed the debt from a borrower’s credit report, but Encore Capital Group had reported the debt again. Debt collectors must also remove a reported debt to credit reporting bureaus within seven years of the last date of payment.
Can Encore Capital Group Garnish My Wages?
It is true that Encore Capital Group cannot threaten to garnish your wages or file a lawsuit against you under the FDCPA. However, that does not mean they cannot take either action. They can send you a written notice of a lawsuit, and they can contact you by phone or text. When using the latter two types of communication, the company cannot contact you before 8:00 a.m. or 9:00 p.m.
If Encore Capital Group does file a lawsuit against you, they are hoping you will ignore notice of the legal action. Many borrowers do, and that only works against them in the future. Ignoring the lawsuit will allow the company to take the case to court, even though you do not appear at the hearing. The company will likely ask the judge for a default judgment and if you do not show up, they will likely be successful with it. At that point, they will win their case and garnish your wages or take other legal action that will hurt you financially.
What to Do if Encore Capital Group Contacts You
Any time Encore Capital Group contacts you, even if they do not threaten to sue, it is important to determine if they have violated your rights by doing so.
The company may be in violation of the law if they have taken any of the following actions:
- Contacts you about a debt that is not yours
- Contacts you about a debt, claiming you owe more than you do
- Unable to prove the debt is yours
- Tries to collect the debt without authorization from the original creditor to do so
- Uses automated robocalls to try and collect the debt
- Tries to intimidate you
- Uses inappropriate language while speaking to you
- Accuses you of criminal behavior and/or threatens arrest
- Threatens you with violence, a lawsuit, or negative credit reporting
- Calls you at work
- Call your family, friends, neighbors, and co-workers and discuss the debt with them
- Calls you multiple times a day or week
- Contacts you outside of the allotted hours
If Encore Capital Group has taken any of the above actions, it is important to speak to a Fort Lauderdale debt defense lawyer. An attorney can help you file a lawsuit against the company so you can recover up to $1,000 in statutory damages, and perhaps even more, in damages.
Call Our Debt Defense Lawyers in Fort Lauderdale Today
If you have been harassed by Encore Capital Group, our Fort Lauderdale debt defense lawyers can help you make it right. Our skilled attorneys at Loan Lawyers can help you determine which legal action to take, and help you through the process. Call us today at (954) 523-4357 or contact us online to schedule a free consultation.
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Loan Lawyers is made up of experienced consumer rights attorneys who use every available resource to develop comprehensive debt solution strategies. Our goal is to take on those burdens, resolve those problems, and allow our clients to sleep soundly knowing they are on the path to a better future.
