Encore Capital Group Inc.

Corporate structure

Who owns Encore Capital Group Inc.?

Encore Capital Group Inc. is an independent debt buyer with no publicly documented parent company.

Common original creditors whose accounts Encore Capital Group Inc. has purchased include: Citibank, Chase, Bank of America, Capital One, HSBC, GE Money Bank, Washington Mutual, Target (TD Bank).

Is it legit?

Is Encore Capital Group Inc. legit — and can it still lose in court?

Encore Capital Group Inc. is a real publicly traded debt buyer (NASDAQ: ECPG) operating since 1999, headquartered in San Diego, CA — not a fake company or a phishing scam. But "legitimate" is not the same as "proven." A debt buyer that sues still has to prove it owns your specific account and the exact amount it claims — and Encore Capital Group Inc. or its parent has faced regulatory enforcement over exactly these documentation and affidavit problems. If you were served, treat the lawsuit seriously: check your deadline first, then make Encore Capital Group Inc. document ownership, the amount, and timing before you admit anything or pay.

Proof checklist

What to check before you admit, pay, or ignore the lawsuit

A debt-buyer profile is useful only if it helps you act on the papers in front of you. Start with deadline and court track, then review these proof points before default pressure becomes the main issue.

Common issues to review may include whether the plaintiff can prove ownership chain, amount, standing or authority to sue, account documents, timing, service, and assignment paperwork. Answered helps you preserve and organize issues for review; it does not decide what arguments you should make. Consumer debt lawsuit defense in 32 states. Start free — Answered checks whether it can build your defense before you pay anything. Check your deadline free before any paid packet decision.

Regulatory history

CFPB and regulatory enforcement

Primary sources: CFPB press release: action against the two largest debt buyers (2015) · CFPB settlement with Encore Capital Group and Midland subsidiaries (2020) · Encore press release: settlement agreement with 42 states and D.C. (2018) · FTC, The Structure and Practices of the Debt Buying Industry (2013) · CFPB public enforcement-actions database

Your next steps

What to do if Encore Capital Group Inc. is suing you

1. 1
   Find your deadline immediatelyYou have a limited number of days to file your Answer after being served — typically 20 to 35 days depending on your state. Missing this deadline results in a default judgment. Check your state’s guide for the exact deadline.
2. 2
   Review proof of ownershipEncore Capital Group Inc. generally needs evidence connecting your account from the original creditor to the named plaintiff. Your Answer and follow-up documents can preserve standing and chain-of-title issues for review.
3. 3
   Check the statute of limitationsDebt buyers sometimes sue on old accounts. If the limitations period in your state has run since your last payment or the charge-off date, you may have a complete defense. Look up the state guide for your jurisdiction.
4. 4
   File your Answer — even if you plan to settleFiling a timely Answer preserves all your defenses and gives you leverage to negotiate a better settlement. Do not ignore the lawsuit expecting it to go away. See your state’s defense guide.

Frequently asked questions

Common questions about Encore Capital Group Inc.

• Who is Encore Capital Group Inc.?

  Encore Capital Group, Inc. (NASDAQ: ECPG) is the largest publicly traded consumer debt buyer in the United States. It owns Midland Credit Management Inc., Midland Funding LLC, and Asset Acceptance LLC. Encore itself does not typically appear as plaintiff; its subsidiaries do.

• Which Encore subsidiary is suing me?

  Most Encore lawsuits are filed in the name of Midland Funding LLC, with Midland Credit Management Inc. handling collection operations. Asset Acceptance LLC may also appear as plaintiff on older accounts Encore acquired through its 2013 acquisition of Asset Acceptance Capital Corp.

• What was the 2015 CFPB consent order against Encore?

  In its 2015 federal consent order, the CFPB found that Encore collected inaccurate debts, used false affidavits in court filings, and sued consumers without adequate documentation. The order imposed practice reforms and specifically restricted Encore's subsidiaries from suing on accounts they cannot document. A separate December 2018 multistate settlement between Encore's Midland subsidiaries and 42 state attorneys general plus DC addressed affidavit and litigation practices at the state level.

• Does the 2015 consent order help my case?

  Potentially yes. The consent order requires Encore's subsidiaries to have documentation before suing. If Midland Funding or Asset Acceptance cannot produce a complete chain of assignment and account records, you may be able to move for dismissal based on lack of standing.

• What defenses apply to Encore Capital subsidiaries?

  The same defenses apply as to any debt buyer: lack of standing (failure to prove chain of assignment), statute of limitations, FDCPA violations, and failure to validate the debt. The 2015 consent order adds additional documentation requirements that Encore's subsidiaries must satisfy before filing suit.

• What should I do if an Encore subsidiary is suing me?

  File a timely Answer before your state's deadline. Deny the material allegations and raise affirmative defenses. Request production of the chain-of-assignment documents and original credit agreement — these are specifically required by the 2015 consent order and courts have dismissed cases where they are lacking.

State defense guides

Sued by Encore Capital Group Inc.? Find your state