SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934
Date of report (Date of earliest event reported): December 4, 2018
ENCORE CAPITAL GROUP, INC.
(Exact Name of Registrant as Specified in Charter)
(State or Other Jurisdiction of Incorporation)
3111 Camino Del Rio North, Suite 103, San Diego, California
(Address of Principal Executive Offices)
(Registrant’s telephone number, including area code)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company ¨
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ¨
Item 7.01. Regulation FD Disclosure.
On December 4, 2018, the Company issued a press release announcing a settlement agreement with 42 states and the District of Columbia. The press release is furnished herewith as Exhibit 99.1 and is incorporated by reference herein.
The information in Item 7.01 of this Current Report on Form 8-K, including the information contained in Exhibit 99.1, is being furnished to the Securities and Exchange Commission pursuant to Item 7.01, and shall not be deemed to be “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that section, and shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by a specific reference in such filing.
Item 9.01. Financial Statements and Exhibits.
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
ENCORE CAPITAL GROUP, INC.
Date: December 4, 2018
/s/ Gregory Call
Executive Vice President, General Counsel, Chief Administrative Officer and Secretary
Encore Enters Settlement Agreement with 42 States and the District of Columbia
Settlement will cause no material impact to the business
Reserves put in place in 2015 will cover monetary terms
SAN DIEGO — December 4, 2018 — Encore Capital Group, Inc. (Encore), an international specialty finance company (NASDAQ: ECPG), today announced it has entered into a settlement agreement with 42 states and the District of Columbia. The issues that were the genesis of the settlement have not been the company’s practice for nearly 10 years.
“Several years ago, we began discussions with various attorneys general, which ran in parallel to our discussions with the Consumer Financial Protection Bureau (CFPB) and covered similar topics. We settled with the CFPB in 2015 and are pleased to have reached today’s agreement,” said Ashish Masih, President and CEO of Encore. “While we believe our practices were in accordance with relevant laws, we chose to agree to a settlement, so we can all move ahead.”
This settlement will cause no material impact to the business. The funds for it were fully reserved in 2015 in connection with the company’s settlement with the CFPB. The terms
of the agreement include a one-time cash payment of $6 million that will be divided among the states, and $25,000 per state available as relief for certain consumer claims. Also included are credits to the outstanding balance of certain judgments obtained against consumers between 2003 and 2009. Additionally, the agreement sets out operational requirements, nearly all of which are already part of current practice. Most of the requirements were implemented during or prior to Encore’s negotiations with the attorneys general.
“We believe today’s settlement, and the CFPB agreement before it, actually strengthen our competitive position, as they’ve set the standard for the entire sector. We are well positioned to continue our industry leadership in this regulatory environment,” continued Masih.
Encore continues to be one of the most consumer-centric companies in the business. Its people work with consumers to provide tailored solutions to help them manage their financial obligations and move toward a better life. It is the first and only company in its industry to operate with a Consumer Bill of Rights, which was adopted in 2011 and further strengthened in 2016.
About Encore Capital Group, Inc.
Encore Capital Group is an international specialty finance company that provides debt recovery solutions across a broad range of assets. Through its subsidiaries including Midland Credit Management, Inc. (United States), Cabot Credit Management (Europe), Refinancia (Latin America), Baycorp (Australasia) and Encore Asset Reconstruction Company (India), Encore purchases or services portfolios of receivables from major banks, credit unions, and utility providers. Encore partners with individuals as they repay their debt obligations, helping them on the road to financial recovery and ultimately improving their economic well-being.
Headquartered in San Diego, Encore is a publicly traded NASDAQ Global Select company (ticker symbol: ECPG) and a component stock of the Russell 2000, the S&P Small Cap 600 and the Wilshire 4500. More information about the company can be found at http://www.encorecapital.com. More information about the Company’s Cabot Credit Management subsidiary can be found at http://www.cabotcm.com. Information found on the company’s or its subsidiaries’ websites are not incorporated by reference.
Forward Looking Statements
The statements in this press release that are not historical facts, including, most importantly, those statements preceded by, or that include, the words “will,” “may,” “believe,” “projects,” “expects,” “anticipates” or the negation thereof, or similar expressions, constitute “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995 (the “Reform Act”). These statements may include, but are not limited to, statements regarding our future operating results, performance, business plans or prospects. For all “forward-looking statements,” the Company claims the protection of the safe harbor for forward-looking statements contained in the Reform Act. Such forward-looking statements involve risks, uncertainties and other factors which may cause actual results, performance or achievements of the Company and its subsidiaries to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. These risks, uncertainties and other factors are discussed in the reports filed by the Company with the Securities and Exchange Commission, including the most recent reports on Forms 10-K and 10-Q, as they may be amended from time to time. The Company disclaims any intent or obligation to update these forward-looking statements.
SVP, Corporate and Government Affairs
VP, Investor Relations