Being chased by a collection agency can take a toll on your emotions and health. Some companies are so determined to make you pay that they call you nonstop, embarrass you in front of friends and family, and have you expecting the arrival of court papers any second. Mistreating a consumer this way is illegal, and working with a consumer lawyer can both make it stop and get you compensation.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) protects you legally from harassment and bullying by third-party collection agencies. When a debt collector goes too far and subjects you to the following mistreatment, they could end up having to compensate you substantially.
- Using profane and obscene language
- Telling third parties such as friends and family that you owe a debt
- Misrepresenting their identity during collection efforts
- Leaving abusive and hostile phone messages
- Calling your workplace after you’ve already told the collector not to call you there
- Threatening lawsuits or garnishment for not paying a debt
Company Profile: Encore Capital Group
If you are being called by Encore Capital Group, background details about the company are available below.
Encore Capital Group, which also does business as Midland Credit Management and Midland Funding, LLC is a debt collection agency headquartered in San Diego, California. It was opened for business in 1998, has nearly 9,000 employees at its various locations in 15 countries, and is managed by its President and CEO, Ashish Masih. Encore Capital Group is presently one of the largest publicly traded debt buyers in the U.S. in terms of revenue. Digitized files at the PACER website confirm that consumers who felt they were being harassed by Encore Capital Group went to court to protect their interests.
Alleged Violations against Encore Capital Group*
According to PACER, in or around May 2013 Encore Capital Group started contacting a New York consumer about a Verizon debt that she denied owing. Despite her insistence that she did not owe the debt, collectors allegedly continued to call her throughout June and July of 2013.
Feeling harassed by Encore Capital Group, the consumer hired a lawyer and filed a lawsuit against the company for the following alleged illegal actions.
- Using harassing and abusive means to collect a debt
- Misrepresenting the character, amount, or legal status of a debt
- sing false, deceptive, and misleading means to collect a debt
The matter was later dismissed.
Hire a Consumer Lawyer
The phone numbers for Encore Capital Group are:
If the phone goes off and you see one of these numbers on your caller ID, it is confirmation that Encore Capital Group is trying to collect a debt from you. If they refuse to investigate or listen when you insist that the debt is not yours, hire a consumer lawyer to protect your rights. If you file a claim against Encore Capital Group, you may be compensated financially for each FDCPA violation. No debt collector is immune to the law, so when you’ve been subjected to mistreatment, they could have a lot to lose.
*Case taken from PACER (www.pacer.gov). File number is Case 1:14-cv-03536-PKC-RML from the United States District Court for the Eastern District of New York.
Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Encore Capital Group or any other third-party collection agency, you may not be entitled to any compensation.