Encore Capital Group, Inc. operates as an international specialty finance company. The company provides debt recovery solutions and other related services for consumers across a broad range of financial assets.
The company primarily purchases portfolios of defaulted consumer receivables at deep discounts to face value and manage them by working with individuals as they repay their obligations and work toward financial recovery. Defaulted receivables are consumers’ unpaid financial obligations t...
Encore Capital Group, Inc. operates as an international specialty finance company. The company provides debt recovery solutions and other related services for consumers across a broad range of financial assets.
The company primarily purchases portfolios of defaulted consumer receivables at deep discounts to face value and manage them by working with individuals as they repay their obligations and work toward financial recovery. Defaulted receivables are consumers’ unpaid financial obligations to credit originators, including banks, credit unions, consumer finance companies and commercial retailers. Defaulted receivables may also include receivables subject to bankruptcy proceedings. The company also provides debt servicing and other portfolio management services to credit originators for non-performing loans in Europe.
Through Midland Credit Management, Inc. and its domestic affiliates (collectively, MCM) the company is a market leader in portfolio purchasing and recovery in the United States. Through Cabot Credit Management Limited (CCM) and its subsidiaries and European affiliates (collectively, Cabot) the company is one of the largest credit management services providers in Europe and the United Kingdom. These are the company’s primary operations.
The company also has additional international investments and operations as it has explored new asset classes and geographies including its subsidiary Encore Asset Reconstruction Company (EARC) in India and an investment in portfolio in Mexico. The company refers to these additional international operations as its Latin America and Asia-Pacific (LAAP) operations.
The company’s long-term growth strategy is focused on continuing to invest in its core portfolio purchasing and recovery business in the United States and United Kingdom and strengthening and developing its business in France and Spain.
Strategy
The company continues to concentrate on its core portfolio purchasing and recovery business in the U.S. and the U.K. markets in an effort to generate its highest risk-adjusted returns. The key elements of the company’s strategy are to a large and consistent flow of purchasing opportunities; a strong regulatory framework that creates advantages for firms; a high degree of sophistication and data availability; and stable long term returns and resilience in the event of macroeconomic disruption. In addition, the company is strengthening its presence in Spain and France.
Debt Purchasing Approach
The company provides sellers of delinquent receivables liquidity and immediate value through the purchase of charged-off consumer receivables.
The company maintains relationships with various financial service providers, such as banks, credit unions, consumer finance companies, retailers, utilities companies and government agencies. These relationships frequently generate recurring purchase opportunities.
Once a portfolio of interest is identified, the company obtains detailed information regarding the portfolio’s accounts, including certain information regarding the consumers themselves. The company uses this account-level information to perform due diligence and evaluate the portfolio. The company uses statistical analysis and forecasting to analyze this information to create expected future cash forecasts for the portfolio. The company’s collection expectations are based on, among other things, account characteristics and credit file variables, which it uses to predict a consumer’s willingness and ability to repay their debt. The company’s servicing strategy and collections channel capacity are also a major determinant of collections expectations and portfolio expected value.
Collections Approach related to Debt Purchasing
MCM (United States)
The company continues to expand and build upon the insight gained from previous collection activities and consumer interactions when developing its account-level collection strategies for portfolios it acquires. The company continuously refines its collection strategy to determine the most effective approach for each account. The company’s collection approaches consist of:
Direct Mail and Email: The company develops innovative mail and email campaigns offering consumers payment plans, and occasionally appropriate discounts, to encourage settlement of their accounts.
Call Centers: The company maintains domestic collection call centers in Phoenix, Arizona, St. Cloud, Minnesota, Troy, Michigan, and Roanoke, Virginia and international call centers in Gurgaon, India and San Jose, Costa Rica. Each call center generally consists of multiple collection departments. Account managers receive extensive training and are divided into specialty teams, each of which is supervised by a group manager. Account managers are trained to assess the company’s consumers’ willingness and ability to pay. They attempt to work with consumers to evaluate sources and means of repayment to achieve a lump sum settlement or develop payment plans customized to the individual’s ability to pay. In cases where a payment plan is developed, account managers encourage consumers to pay through automatic payment arrangements. The company continuously educates account managers to understand and apply relevant laws and policies relating to the account manager’s daily collection activities. The company has robust training and monitoring programs to help ensure compliance with applicable laws and policies by its account managers.
Digital Collections: The company has made significant progress in expanding its digital strategies to match consumer preferences and continue to analyze and optimize its digital strategies. Consumers can access their account information, view supporting documents, review payment plan options, and make payments through the company’s website. The company leverages email, text messaging and web chat to interact with its consumers. Account managers in its call centers are also encouraged to make consumers aware of its digital channels including its website.
Legal Action: The company generally refers accounts for legal action when the consumer has not responded to its direct mail efforts or its calls and it appears the consumer is able, but unwilling, to pay their obligations.
Third-Party Collection Agencies: The company selectively employs a strategy that uses collection agencies. Collection agencies receive a contingent fee based on amounts they collect on the ocmpany’s behalf. Generally, the company uses these agencies to service specialized account segments.
Inactive: The company strives to use its financial resources judiciously and efficiently by not deploying resources on accounts where the prospects of collection are remote based on a consumer’s situation.
No Resale: The company’s proprietary consumer-level collectability analysis is the primary determinant of whether an account is actively serviced post-purchase. The company periodically refines its collection approach to determine the most effective collection strategy to pursue for each account.
Cabot (Europe)
In Europe, the company also uses direct mail and email, call centers, legal action, third-party collection agencies and digital methods to pursue collections.
The company uses insights developed during its purchasing process to build account collection strategies. The company’s proprietary consumer-level collectability analysis is the primary determinant of how an account will be serviced post-purchase. The company continuously refines this analysis to determine the most effective collection strategy to pursue for each account it owns.
The company employs a variety of collections strategies from the point of purchase, tailored to the consumer’s financial strength. Where contact is made and consumers indicate both a willingness and ability to pay, the company creates tailor-made payment plans to suit the consumer’s situation. In doing so, the company utilizes the U.K. regulatory protocols to assess affordability and ensure their plan is fair, balanced and sustainable.
Debt Servicing
The company’s debt servicing operations, which are performed by subsidiaries of Cabot, include early stage collections, business process outsourcing and contingent collections for credit originators. The company mainly provides debt servicing for consumer accounts, but also provides services for business-to-business accounts.
Government Regulation
In addition to the FDCPA, the federal laws that directly or indirectly apply to the company’s business (including the regulations that implement these laws) include, but are not limited to Dodd-Frank Act, including the Consumer Financial Protection Act (Title X of the Dodd-Frank Act, CFPA); Servicemembers’ Civil Relief Act; Electronic Fund Transfer Act and the CFPB’s Regulation E; Telephone Consumer Protection Act (TCPA); Equal Credit Opportunity Act and the CFPB’s Regulation B; Truth In Lending Act and the CFPB’s Regulation Z; Fair Credit Billing Act; U.S. Bankruptcy Code; Fair Credit Reporting Act (FCRA) and the CFPB’s Regulation V; Health Insurance Portability and Accountability Act; Federal Trade Commission Act (FTCA); Credit CARD Act; Gramm-Leach-Bliley Act and the CFPB’s Regulation P; and Foreign Corrupt Practices Act.
The Gramm-Leach-Bliley Act and its implementing regulations, including the FTC Safeguards Rule, require the company generally to protect the confidentiality of its consumers’ nonpublic personal information, to disclose to its consumers its privacy policy and practices, including those regarding sharing consumers’ nonpublic personal information with third parties and to report certain data breaches and other security events to the FTC.
The company’s operations outside the United States are subject to the U.S. Foreign Corrupt Practices Act, which prohibits U.S. companies and their agents and employees from providing anything of value to a foreign official for the purposes of influencing any act or decision of these individuals in order to obtain an unfair advantage, to help, obtain, or retain business.
Cabot has three regulated entities in the UK: the debt purchase brand Cabot Credit Management Group Limited (CCMG), the servicing brand Wescot and Cabot’s law firm, Mortimer Clarke Solicitors Limited (Mortimer Clarke).
In addition to these regulations on debt collection and debt purchase activities, Cabot must comply with the General Data Protection Regulation 2016/679 (GDPR) and where applicable the UK Data Protection Act 2018. This substantially replaced the previous legislation (Data Protection Act of 1998) and introduced significant changes to the data protection regime including but not limited to: the conditions for obtaining consent to process personal data; transparency and providing information to individuals regarding the processing of their personal data; enhanced rights for individuals; notification obligations for personal data breach; and new supervisory authorities, including a European Data Protection Board (EDPB). Data Protection Officer(s) have been appointed for the U.K., Spain, France, Portugal and Ireland who are supported by Privacy Champions at each European/UK site to promote and enforce good data protection practices.
The Gramm-Leach-Bliley Act and its implementing regulations, including the FTC Safeguards Rule, require the company generally to protect the confidentiality of its consumers’ nonpublic personal information, to disclose to its consumers its privacy policy and practices, including those regarding sharing consumers’ nonpublic personal information with third parties and to report certain data breaches and other security events to the FTC. In addition, the FCRA requires the company to treat identity theft allegations uniquely and to securely dispose of consumer credit reports. For example, the California Privacy Rights Act (CPRA), which became operative on January 1, 2023 and amended and expanded the California Consumer Privacy Act (CCPA), imposes more stringent requirements on certain businesses with respect to consumer and employee data privacy in California.
Cabot has three regulated entities in the U.K.: the debt purchase brand Cabot Credit Management Group Limited (CCMG), the servicing brand Wescot and Cabot’s law firm, Mortimer Clarke Solicitors Limited (Mortimer Clarke).
History
Encore Capital Group, Inc. was incorporated in Delaware in 1999.