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).

Regulatory history

CFPB and regulatory enforcement

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
   Demand proof of ownershipEncore Capital Group Inc. must prove a valid, unbroken chain of assignment from your original creditor. In your Answer, raise lack of standing and require the plaintiff to produce the bill of sale and account-level documentation.
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 and state AG consent order against Encore?

  The CFPB and 47 state attorneys general found that Encore collected inaccurate debts, used false affidavits in court filings, and sued consumers without adequate documentation. The resulting consent order imposed practice reforms and specifically restricted Encore's subsidiaries from suing on accounts they cannot document.

• 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