Midland Credit Management Lawsuit Alleges TCPA Violations

A Florida man is claiming that Midland Credit violated the TCPA by unlawfully calling his cell phone attempting to collect a debt.

He has recently filed a Midland Credit Management lawsuit against the collections company.

Plaintiff Kepler L. claims that the defendant, Midland Credit Management, attempted to collect from him debts from various credit cards and a wireless telephone account.

According to his Midland Credit Management lawsuit, Kepler believes that the collections company placed unwanted phone calls to his cell phone using an automated telephone dialing system.

This, he claims, is in direct violation of the Telephone Consumer Protection Act (TCPA) as well as the Fair Debt Collections Practices Act (FDCPA) and the Florida Consumer Collections Practices Act (FCCPA).

Kepler claims that when he answered the phone, he was greeted by an automated, machine-operated voice message or a noticeable period of “dead air” while the caller’s telephone system made the attempts to connect him to a live employee.

These phone calls began in 2013, according to this Midland Credit Management lawsuit. He notes that none of the calls were for “emergency purposes.”

Kepler believes that the phone calls were “deliberately designed to apply as much psychological pressure on Plaintiff as possible, with the ultimate goal of harassing Plaintiff into paying the above-referenced alleged debts.”

He claims he never authorized Midland Credit Management to call his cell phone for regular business purposes.

Kepler believes, according to his Midland Credit Management lawsuit, that he was damaged by these calls. He says his privacy was improperly invaded and his cell phone battery life was taxed and its memory depleted.

He also believes he was damaged because he was forced to spend time answering unwanted calls.

Midland Credit Management allegedly knew that their collection techniques were in violation of the TCPA, the FDCPA as well as the FCCPA, Kepler states. However, Kepler claims, they continued to use these unlawful techniques even so.

Kepler’s Midland Credit Management lawsuit claims that he was “disturbed by the barrage of debt collection calls” and has been harassed by Midland Credit Management. He says that “these calls have caused unnecessary strain and burden upon [him] and his family.”

He claims damages of mental anguish, indignation, aggravation, anxiety, humiliation and embarrassment.

This Midland Credit Management lawsuit raises a claim of violation of the FCCPA under Florida statutes.

The FCCPA states, “In collecting debts, no person shall…willfully communicate with the debtor or any member of her or his family with such frequency as can reasonably be expected to harass the debtor or her or his family.”

The plaintiff brings a second claim of violation of the FDCPA regarding purposely annoying phone calls. According to the lawsuit, Midland Credit has violated the FDCPA by “Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.”

The last claim that Kepler is raising is violation of the Telephone Consumer Protection Act because Midland Credit used an automated telephone dialing system.

This TCPA Midland Credit Management Lawsuit is Case No. 3:16-cv-02487, in U.S. District Court for the Southern District of Florida.

Join a Free TCPA Class Action Lawsuit Investigation

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.

Get a Free Case Evaluation Now