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This settlement is closed!
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Midland Credit Management Inc. has agreed to pay $15 million in order to settle accusations that the company violated the Telephone Consumer Protection Act (TCPA) by using an automatic telephone dialing system to place repeated debt collection calls to cell phones without prior consent.
Plaintiffs Christopher Robinson, Eduardo Tovar, and Dave Scardina filed the MCM class action lawsuit after claiming to receive multiple harassing cell phone calls at all hours of the day from Midland Funding, Midland Credit Management and Encore Capital Group without their prior express consent.
The Midland Credit Management TCPA class action lawsuit alleges that the creditors negligently or willfully violated the TCPA by using an autodialer to place robocalls to their cell phones.
According to the MCM class action lawsuit, at no time did the plaintiffs provide the company or their agents with their cell phone numbers, nor did they consent to any collection calls to be made to their cell phones.
The Midland Credit Management class action lawsuit settlement will use the $15 million in order to forgive Class Members of a portion of their unpaid debts or award Class Members with no debt with a one-time cash payout.
Midland Credit Management denies that they violated the TCPA in any way however, they agreed to the terms of the MCM class action settlement in order to avoid the cost of further litigation.
Who’s Eligible
The Midland Credit Management class action lawsuit settlement is open to all Class Members within the U.S. who were called on a cell phone by Midland or their subsidiaries, affiliates or related companies (other than Asset Acceptance LLC, Atlantic Credit & Finance, Inc. or Propel Financial Services) in connection with the collection of an alleged debt using a dialer or by artificial or prerecorded voice message without prior express consent between Nov. 2, 2006 and Aug. 31, 2014.
Potential Award
Varies.
The Midland class action settlement will award Class Members either debt forgiveness or a cash payout.
Class Members who have an outstanding debt with MCM will receive a divided portion of the $13 million debt forgiveness fund which will be shared among all Class Members who submit a valid claim.
Midland Credit Management settlement Class Members who owe nothing to the creditors will receive a one-time, divided portion of the $2 million cash settlement fund which will be shared with all Class Members who submit a valid claim.
Proof of Purchase
N/A.
In order to receive either MCM debt forgiveness or a settlement cash payout, Class Members must submit a valid Claim Form.
For those Class Members who received a postcard informing them of the Midland class action settlement, you must include the claim number listed on the postcard.
Midland Credit Management class action settlement Class Members who did not receive a postcard will be required to include the cell phone number that you believe may have been called during the Class Period as well as the last four digits of your social security number or taxpayer identification number solely to determine if records indicate you have an existing collection account to be credited.
Claim Form Deadline
04/12/2016
Case Name
In re: Midland Credit Management Inc. Telephone Consumer Protection Act Litigation, in the U.S. District Court for the Southern District of California, Case No. 11-MD-2286 MMA (MDD)
Final Hearing
09/30/2016 UPDATED
UPDATE: According to the settlement website, the settlement will not be Effective until February 10, 2017. Once the settlement becomes final, the settlement administrator will attempt to pay claims within 45 days. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
UPDATE 2: According to the settlement website, checks are scheduled to be mailed on May 8, 2017. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
UPDATE 3: The settlement website has been recently updated and checks are now estimated to be mailed on May 22, 2017. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
UPDATE 4: The settlement website has been recently updated, and checks are now estimated to be mailed on May 26, 2017.
UPDATE 5: On May 30, 2017, Top Class Actions viewers who filed a claim for the MCM class action settlement started receiving checks in the mail.
Settlement Website
Claims Administrator
In re: Midland TCPA Claims Administrator
PO Box 30198
College Station, TX 77842-3198
888-557-3460
Class Counsel
Douglas J. Campion, Esq.
LAW OFFICES OF DOUGLAS J. CAMPION, APC
James O. Latturner, Esq.
EDELMAN COMBS LATTURNER & GOODWIN LLC
Defense Counsel
Edward D. Totino, Esq.
DLA PIPER LLP (US)
Join a Free TCPA Class Action Lawsuit Investigation
If you were contacted by on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act. Find out more at the Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation.
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318 thoughts onMidland Credit Management TCPA Class Action Lawsuit Settlement
I received my post card on Friday, I just read the entire card and I can remember the repeated phone calls and the unprofessional woman I ended up speaking to at the time like it was yesterday I was so tired of them calling me I did threaten to report them to my attorney generals office if they did not stop calling me but I never did I just stopped answering the calls for a while then finally changed my phone number. As luck would have it, years later I hope to be compensated for the harassment. I wanna thank the U.S. District Courts and all the attorneys also anyone else who is involved with this case, for bringing light on this subject. Thank You
They harrassed me for a debt that was never mine. I disputed it through the credit bureaus, it was removed from my credit report and the account was closed. Should be interesting to see what happens.
That’s what happened to me. It was finally taken off my credit report.
my debt is paid off. Id rather have it deleted. Can they just keep the money and remove the collection off my report instead? Id be much happier with that. Can I call them and tell them I am willing to opt out for a deletion?
You can negotiate a deletion. You probably can negotiate this without including your repayment. Google goodwill credit deletion letters.
Got a post card today and upon looking it could be for a payday loan from over 10 yrs ago….how is that even still collectable?! I’d benreally irritated if my “debt” for $100 was paid off instead of a real form of payment!
Ok got mine today and read the back and this is what will happen. If you owe them, the repayment will be taken out with the 13,000,000. Depending on how many claims are filed then you will get prorated amount left out of the 13,000,000 after all claims are paid. If you do not owe them any money you will get prorated amount from 2,000,000, amount depends on how many apply for this claim. As to if Midland can find out address or phone number, NO, no information will be forwarded to Midland.
So the pay what you owe? Then you get monies from what’s left over?
My concern is with HJ. I got this too. My debt is so old that it could nearly go off my record. What if this is merely an attempt to get you to validate your info. Then your debt is reset. Even if date is not reset, what Ive learned from rebuilding my credit is that even a partial payment on an old debt ( via this lawsuit ) would bring that debt back to the fore and your credit would take a big hit.
Got the postcard in the mail today. The only thing that worries me, is that when they would call, they would ask the same questions to verify our debt that are requested for the claim to be processed. When they call, once they verify that it is us, then the date of last activity on our credit report gets updated to that date that you spoke with them. This means that it will take 7(ish) years from that new date to get off of your credit report. What if they are sending this to us to verify our debt so they can say they have it in writing that it was us they were calling all that time? I am not 100% sure if this is all correct as I have only read it online. I also have not done much research on it yet as it came today. Has anyone else done any research regarding this suspicion? I know they try crazy things to get you to pay… and sadly, I dont have a clue what my rights are legally with all of it. Thanks :)
Yes, the it will restart again from the date they last contacted you. So if you speak to them this month. Then your 7 years restarts again from this month. I finally bit the big one and settled with them back in January and i am still waiting for them to update my credit reports. They were real quick to post me as serious deliquent a year and half ago and now they are taking there time updating my credit bureaus.
I ended up paying my debt in the past. Does this mean I would receive a payout ? How does this work ?
According to the settlement if your debt is cleared you would get a portion of the cash payout
Would like an answer from the same question above. For people who are only in debt for a small amount wouldn’t it be better to file a separate lawsuit
I received a postcard in reference to this Midland TCPA lawsuit. So either we get debit forgiveness or cash payout? So if I owe them just $100 at time of settlement and the cash payout per person would be say $1,000. What would I get $900 cash and $100 debit forgiveness or. Just the $100 debit forgiveness and nothing else.
I did something like this before and I got screwed at the end… i just reopened the account ect it was a huge mess I personally think these postcard things are scam or something they do to try and trap you all over again… im shredding mine!
I’ve misplaced my postcard.anyone know how I can get another claim number?
You can just enter the phone number to which they made calls to.