Midland Credit Management Hit with Abusive Debt Collection Lawsuit

A Philadelphia resident has filed an illegal debt collection lawsuit against Midland Credit Management, Midland Funding, and Encore Capital Group for violations of the Fair Debt Collection Practices Act (FDCPA).

Midland Funding is a debt buyer, and Midland Credit Management collects debt on behalf of Midland Funding. Both companies are subsidiaries of Encore Capital Group. The FDCPA lawsuit alleges that the debt collection companies participated in unlawful debt collection practices under the FDCPA, which protects consumers’ rights to not be harassed by debt collectors.

Plaintiff Frank Gaye alleges in the Midland Funding lawsuit that during a 3-month period in 2014, he repeatedly informed the defendants that due to his unemployment status, he was not able to pay an outstanding debt and verbally requested the debt collection calls to cease. Despite this request, the defendants’ debt collectors allegedly placed continuous harassing telephone calls to Gaye’s home and cell phone.

The Midland Funding FDCPA lawsuit alleges that the defendants were aware of the request but intentionally employed abusive tactics to coerce Gaye into paying the debt. Gaye is filing the FDCPA lawsuit because he alleges that Midland Funding violated the FDCPA, which prohibits debt collectors from engaging in harassing, oppressive, or abusive conduct in their attempts to collect an alleged consumer debt.

Gaye is seeking all actual damages and statutory damages of $1,000.00 for Midland Funding’s alleged violation of the FDPCA and all reasonable court costs. He has demanded a jury trial for this case.

The Midland Funding Debt Collection Lawsuit is Frank Gaye v. Midland Funding, LLC, et al., Case No. 14-cv-2140 JAH JLB, U.S. District Court, Southern District of California.

Join a Free Unfair Debt Collection Class Action Lawsuit Investigation

If a lender or debt collector engaged in unfair debt collection practices, you may have a legal claim and could be owed compensation for violations of the Fair Debt Collection Practices Act (FDCPA).

Get a Free Case Evaluation Now

DISCLAIMER: Debt collection itself is not illegal. However, debt collection firms collecting on consumer debts must adhere to the FDCPA. Even though debt attorneys are investigating these companies, their debt collection practices may be legal.