Melissa LaFreniere  |  January 15, 2016

Category: Closed Class Actions

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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

  1. Bighead says:

    I just received a check got the whole amount of the debt I paid off … I am happy

  2. Charlene Cotsoradis says:

    I received a check,for 39.21..deposited it.
    Bank,returned and,charged me $20 due to,account not found. Check was dated July 5th… I,called Blandina vs Midland to,tell them,no bank account was found. And I was charged an$20 bank,fee..they mailed another check. But didn’t refund my $20 bank,charge. I kept the 2nd,check for reference..I think I,should report this to the FTC…total,fraud to me 2nd check is,exact bank,account from wells Fargo..

  3. Eric johmson says:

    According to a consent order filed 9/09/2015 midland funding and its affiliates had over 1.6 MILLION COMPLAINTS PER YEAR…..about all their unfair and illegal practices. HOW IN THE HELL ARE THEY STILL ALLOWED TO DO BUSINESS.??? They stold over 325 million dollars from consumers and only had to pay back a small percentage of the money they stold. Its obvious that all people in high places such as politicians, judges, attorneys, etc. Are getting PAID OFF to keep thid scam alive. SICK……GO GET EM TRUMP…….

  4. Joyce Benoit says:

    If no one got any money not only were they paid to be the administrator BUT added millions to his koffers if anyo e wants to start a class lawsuit against the thief count me m

  5. Carol says:

    Still didn’t received a check yet ! Whats the hold up now ?

    1. DB says:

      Carol, if you didn’t get a check 2 months ago you are out of luck. The administrator Kurtzman Carson denied a lot of the valid claims without any notice or explanation. I went back and forth with them about it but it’s not worth arguing over $23. Note however that this does potentially revive any legal action you might be able to take against Midland.

  6. Tracy says:

    Still waiting for a check

  7. Peter Greco says:

    I have not received any check as of today. Is this a scam?

  8. DB says:

    For those who didn’t get a check as expected, it looks like you have a lot of company. You can contact the administrator at 781-575-4228 during standard office hours to find out what went wrong and (hopefully) get a replacement. The 888 number on the settlement web site just leads to endless voicemail prompts.

  9. Michael says:

    Did not get a check & even had a claim number. They keep sending collection letters also…

  10. Jaclyn says:

    Still haven’t received a check!!

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