Midland Credit Cell Phone Lawsuit Says Company Violated TCPA

In a new Midland Credit cell phone lawsuit, a Florida man says the company violated federal law with hundreds of unconsented robocalls to his mobile phone.

Plaintiff Christopher D. says defendant Midland Credit started calling him on his mobile phone in April 2015, in an attempt to collect a debt.

He says he got three calls a day on average – a frequency he says could “reasonably be expected to harass.”

In his Midland Credit cell phone lawsuit He lists a partial log of calls he received from August to October 2015 showing multiple calls received on single days. The calls sometimes came less than one hour apart.

Christopher believes at least some of the calls were made using an automatic telephone dialing system. Each of the calls was made using an artificial or prerecorded voice, he says.

According to his Midland Credit cell phone lawsuit, he says that during one of the calls in April 2015, he waited through the prerecorded message for a live operator to pick up.

He told that operator to stop calling him on his mobile phone, he says, revoking any consent he previously gave to be called in that manner.

Midland Credit Cell Phone Lawsuit Challenges Company’s Policies

Christopher now argues that each call made after he revoked consent was a knowing violation of the Telephone Consumer Protection Act, or TCPA.

He alleges Midland Credit made more than 200 calls to his mobile phone since the calls started in April 2015.

His Midland Credit cell phone lawsuit alleges the company’s corporate policies and procedures lead to TCPA violations.

He says it’s Midland Credit’s policy to place autodialed calls without allowing the called party any chance to remove their phone number from the defendant’s call list.

He further alleges Midland Credit has policies and procedures in place that result in the continuation of these repeated calls even after the called party has clearly revoked any consent to be called in such a manner.

The company’s policies are knowingly designed to harass and abuse persons like himself, he claims.

Christopher says these calls were an invasion of privacy, a waste of his time, and an abuse of the mobile phone and service for which he pays. He claims the doggedly repeated calls caused him stress, anxiety and worry.

His Midland Credit cell phone lawsuit raises one claim under the TCPA and another under the Florida Consumer Collection Practices Act.

The TCPA was passed in the early 1990s to curb what was perceived as an abusive practice of telemarketers using automatic dialing equipment to place even more unsolicited calls faster than a human operator could place them.

It has since been amended to forbid unconsented autodialer phone calls made to mobile phone numbers for non-emergency purposes.

Christopher’s claim under the Florida Consumer Collection Practices Act invokes provisions of that law that forbid persons trying to collect a debt from “willfully engaging in conduct with such frequency as can reasonably be expected to harass the debtor.”

This Midland Credit Cell Phone Lawsuit is Case No. 3:16-cv-02459, in the U.S. District Court for the Middle District of Florida.

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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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