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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 Â 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.Â
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
They still called my cellphone after till today on my cellphone after i asked them to stop calling my phone
People do not start to get greedy. Just thank God for the forgiveness part of this lawsuit. I have been in similar cases like this and what happens is you wait for a long period of time and end up getting only pennies. The last case like this only paid me $2.83. And the claim was higher than this one. What happens is that everybody that receives that postcard files the claim and the pot gets smaller. If you try to contest it individually it only delays the process for everyone. And trust me the judge will not rule in your favor because of so many filing. Best thing to do is just dont waste your time. Unless you want a $3 dollar settlement. Hope this helps.
Can you please give me some Scriptures On this subject.Thank you
What if we dispute the debt? In the asset acceptance class action, there was an option to dispute the debt, and if you did so, you would just receive the cash payment, with no debt forgiveness……..
This is the worst collection company I have EVER had to deal with. Things disputed were taken off and later put back on. The agencies working with them are supposed to protect us from this type of company, I am thinking there should be a class action against them because this company does what it wants and should be shut down. PLEASE contact the ftc, atty generals offices and fcra and let them know about all these infractions. Don’t stop until they operate within the guidelines or forced to close. If we dont they keep making money and get stronger and bigger.
I got mine in the mail on Friday. I filed a claim. I put my new phone number instead of leaving my old number when I submitted the claim. Do you think that will be a problem? I actually changed my number just to avoid them.
The claim is attached to what ever number you had when you were called. The contact number, doesn’t mean anything.
My husband and I were terrorized my this company! We lost our 17 year old daughter and receive constant phone calls of harassment and I have the name of the Attorneys that harassed us. This Man actually stated his daughter was sick and he knew what we’ve been through and doesn’t excuse your debt! Rudely he stated this! Calls kept coming after all the funeral expenses…our family couldn’t afford much! We paid this off and they even weren’t happy with the fact we mailed payments out on time because they went as far as trying to say we didn’t make some payments. We kept and still have our receipts. I’m definitely taking this case further!
Most of these calls were recorded at first to our cell phones not just one. Both cells and then it was our house phone. All hours even on Sundays. I hope this company stops this because when you feel depressed as it is because of such a tragic loss…nothing needs to be piled on more. I hope I can go further with this. That company added major anxiety and stress to what we were already going through. That man had no remorse just cold as ice and why would you use an innocent person to collect a debt? Makes me so sad.
And…. I just received my post card today, too!!!! Don’t know if this is true or not!
I file bankruptcy in december 2014 I added finger hut in my bankruptcy they sold my account to midland credit management can midland management still harassed me after I have file bankruptcy? They keep sending me letters saying I owe them this was after I file bankruptcy ! this very stressful!
They are, in fact, violating the law. You could sue them in federal court for violating FDCPA laws, if the violation occurred less than a year ago. Statutory damages are $1000.00 per suit.
I agree with TLaz. Contact your bankruptcy lawyer too, he/she can send a simple letter (or maybe the BK trustee) which if ignored is really really good stuff to sue on.
OK I HAVE RECEIVE MY CARD TO DAY 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’S OR PHONE NUMBERS. NO. NO WAY INFORMATION WILL BE FORWARDED TO MIDLAND. THANK YOU
That’s what I thought thank you! I think it would be unethical for the claims admin to give out our information to Midland directly.
Keep in mind guys as to the above questions that it is not up to Midland credit to settle this lawsuit, it is up to the claims administrators. So I see something very good coming out of this. I don’t believe Midland has a choice as to where the money goes or if they can further proceed on collecting a debt over 7 years, its illegal. It will not start your time over again and I’m sure the credit companies will see it as that. Am I wrong?
I have done a lot of research into credit due to repairing my credit. If the debt is older than 7 years and is removed from your credit report the creditor cannot place the debt back on your credit report it is called re-aging and highly illegal. I reported a creditor for re-aging once and the debt has been removed from my report and have not heard from the creditor since. However if it is government, child support, spousal support- etc, or medical bills the debt will remain on your credit report indefinitely until paid off. I did get a card in the mail and yes I did sign up for the lawsuit. These people harassed me for years. My debt is over 7 years old and I check my credit weekly so I am not worried about re-aging. The creditor can however contact you forever (live person) but cannot report your debt to the credit bureau.
Yes, re-aging is illegal, but it is a slippery situation. If you in any way acknowledge a debt, no matter how long it has been, it restarts the statute of limitations period and they can try to collect again. I signed to be part of the class-action suit and I received a letter saying that Midland is claiming that I owe them money and that the settlement would be credited toward that debt. I have done nothing to in any way acknowledge a debt, but I am worried that it would start the statute of limitations again. I don’t know if it could, because it is not me making a payment or acknowledging debt, it is basically Midland paying there self. I would rather just be excluded to avoid any problems, but by the time I received the notice about this, it was well past the date to request exclusion, and I have no idea what to do now. If anyone has any advice I would greatly appreciate it.
Will they actually be removing the file from your credit report? I have faught with these people for years over a debt that was in my name from a \so-called\ \friend\ that used my info to obatain a payday loan. The account that it was deposited into was not even in my name just the loan. I would think that this would be illegal.
I was wondering the same thing. I was hit with a garnishee, without even a registered letter. They took the money from my check and about a month later, I got a letter saying they were giving it back to me, but it is still on my credit report. They tortured me for the longest time with the calls, and no matter how many times I put my cell phone number on the do not call list they still managed to call me..I am probably not eligible for money from the lawsuit, but getting it off my credit report is more important at this point.