Midland Credit Management Lawsuit Alleges TCPA Violations

A Midland Credit Management lawsuit was recently filed by a Florida woman, alleging the debt collection company violated federal privacy laws. According to the Midland Credit Management lawsuit, the debt collection company used an automated dialing system to place calls to her cellphone and did not stop calling her even though she requested.

Plaintiff Lizette N. is filing this Midland Credit Management lawsuit, alleging the company violated the Telephone Consumer Protection Act (TCPA) when trying to collect on an alleged consumer debt. Lizette alleges she had no previous association with the company before it began calling.

According to the Midland Credit Management lawsuit, the company placed at least 50 unwanted calls to Lizette’s cellphone at the beginning of 2013. During these calls, Lizette had reportedly asked for the calls to stop and points out that these calls were made without her consent.

Lizette also alleges she heard an artificial or pre-recorded voice when she answered the calls, which she says further indicates the use of an automated dialing system. Lizette filed this Midland Credit Management lawsuit alleging the company violated the TCPA by using these devices.

Overview of TCPA Violations

The TCPA was enacted by Congress to help protect consumers from aggressive telemarketers by prohibiting unwanted solicitation phone calls and faxes.

The TCPA is a federal consumer privacy protection law that prohibits companies from using automated dialing systems or software to place phone calls. This policy also applies to text messages, prohibiting companies from sending spam text messages using similar equipment.

In addition, companies are also prohibited from using an artificial voice to answer calls when picked up. Live representatives are expected to identify themselves and their company.

In addition to being prohibited from using these devices, companies also cannot contact consumers outside of reasonable daytime hours and must get prior consent before making contact. Under the TCPA, companies must keep track of persons who have asked them to stop calling, and the company must respect these requests for five years.

Companies found to be in violation of the TCPA may be required to pay statutory damage awards ranging from $500 to $1,500 if their violations were made knowingly or willfully.

Lizette points out these factors in her Midland Credit Management lawsuit, alleging the number of calls made was most likely done with a dialing system. She is seeking damages for every unwanted phone call she received, along with any other relevant charges.

Claimants looking to file their own TCPA lawsuit should keep records of the phone calls including date, time, phone number calling them, and a summary of the conversations.

This Midland Credit Management Lawsuit is Case No. 0:17-cv-62138-BB, in the U.S. District Court of Southern Florida, Ft. Lauderdale Division.

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If you were contacted 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.

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