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. Ashley says:

    Hi Hj, the age of the debt only renews if you make a payment on the account that is in collections. The Telephone Consumer Collections Act is a real federal guideline

  2. Bill says:

    This could be a scam just to verify addressa nd phone numbers and then file law suit against us as consumer.

  3. Bill says:

    So how many people actually think they going to file this claim? They keep sending me letters for owing them $9600 then $3500 then $2500 the money I didn’t even owe them its worst company ever

  4. Catalaya says:

    I received my postcard today. They harassed me over and over. I owed $530 in collection. Not only did they call but they sent me countless letters in the mail. It’s not that I didn’t want to pay its that I just didn’t have the money to pay nor even to make monthly payment which they insisted that I sent them. They reduce the payment if I pay by the date that were posted in the letters they kept sending me.I got tired of the harassment that when I got enough money I just I sent them a check for $343 and they withdrew the money from my bank. I called to to make sure my account was clear and the debt was removed. That debt kept me from getting a security clearance for a state job. It was always an Indian man who would called me. They often leave voice messages but with no message at all. They called me in school, work etc… It was frustrated .

  5. barbara says:

    I received post card yesterday. Oddly enough Midland served me with court papers last week as I have 1300 in bad debt from 2008! I wonder if I can have a judgement extended due to filing for the class action settlement?! What timing!

    1. J says:

      Barbara you say Midland served you with Court papers from a bad debt from 2008??? Well you need check out the Statue of Limitations for your State asap! If its past the SOL then you will win the case… Most states are 4 – 6 years for SOL. Very very few are past that.

  6. Lee says:

    Midland is the worst collection company there is. They don’t follow procedure and violate your rights and no one does anything to stop them. I am not happy with the fcra at all. If they are not going to make Midland produce wet ink signatures to prove the accounts are really the persons debt then they should close their claims for that item. They send account statements that anyone can make up on and for the account. I dont buy it. I again and again ask the fcra to force Midland to provide my purchases with my signature. They send the same statements and the fcra dont check for the right info they get paid and dont care. People like this are public servants and should be held accountable and fired if found not doing their job. We need to start TODAY and all of us contact the fcra and demand proof of the debt to include purchase signatures and what they did to protect us. They are NOT there to protect MIDLAND!!!!!

    1. Lee says:

      Why are you going to moderate my comment? I am entitled to freedom of speech. Midland is the worst collection company in my eyes.

  7. Lawrence says:

    They call me all the time, they’ve even called my mother in another a state at her job telling her there trying to reach me ,As I just got off the phone with that rude woman as she tells my mother a bunch of bs ,bunch of rude shady people , very unprofessional, I’ve even asked for paper bills, and she would just laughed at me saying she’s never heard that before,so the harassment would be nice to stop…

  8. ERIC says:

    I can’t count how many times they would call and leave threating messages on my phone. This shouldn’t stop with them these companies are taking it to far.

  9. Nena Head says:

    I received a post card too. How do we know this is real? I just wonder will this really take place?

  10. Brian says:

    They still called my cellphone till today. after i asked them to stop calling my phone

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