Midland Credit Management Lawsuit Alleges Telemarketing Law Violations

Plaintiff Jorge R. files a Midland Credit Management lawsuit against the third-party debt collection company, alleging violations of the Telephone Consumer Protection Act, also known as the TCPA.

According to the Midland Credit Management lawsuit, Jorge accuses Midland of erroneously seeking to collect a debt from him–a debt that he had not even incurred as a result of being a victim of identity theft–by calling his cellular telephone without his consent.

Jorge accuses the company of using an automatic dialing device that can store numbers to be called and that possesses a sequential number generator that can bring up numbers to be dialed. The device can be used without the need for human intervention.

The act of Midland Credit Management calling Jorge without his consent and using an automatic telephone dialing system or prerecorded announcement, is an alleged violation of the TCPA, the Midland Credit Management lawsuit states. Jorge intends to recover statutory damages and seeks injunctive relief by prohibiting future conduct from Midland Credit Management through his filing of the Midland Credit Management Lawsuit.

Jorge filed the lawsuit on Dec. 27, 2017, in New York federal court.

According to the Midland Credit Management lawsuit, “As a result of Defendant’s negligent and/or willful and/or knowing violations of the TCPA, Defendant is thus liable to the plaintiff for statutory damages of $500 to $1,500 for each call…”

Jorge demands a trial by jury.

Telephone Consumer Protection Act (TCPA)

The Telephone Consumer Protection Act (TCPA) was enacted by Congress in 1991. The act prohibits the use of automatic telephone dialing systems and/or artificial or prerecorded voice systems to contact persons who have not expressly granted consent to be called in that manner.

The TCPA was passed to reduce the number of telemarketing calls, pre-recorded and/or automated calls, and unsolicited faxes to residential landlines and cell phones. A consumer may recover damages from a telemarketer or debt collector for violation of the TCPA.

Revised in 2012, regulations provided for by the TCPA require express consent from a consumer before an autodialed call can be made. A prior and established business relationship is no longer a substitute for express consent.

Additionally, businesses and companies must set up an “opt-out” mechanism to allow consumers future prevention of calls and contact by telemarketers. Callers are required to maintain their own internal do-not-call lists and to honor individuals’ requests not to receive contact.

According to the Federal Communications Commission (FCC), a national Do-Not-Call registry was established in October 2003 covering all interstate and intrastate calls to allow and protect consumers against telemarketing calls.

Violations of the TCPA, such as those alleged in the Midland Credit Management lawsuit, may lead to statutory penalties of $500 to $1,500 for each violation.

The Midland Credit Management Lawsuit is Case No. 1:17-cv-10140-ER, in the U.S. District Court for the Southern District of New York.

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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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