Midland Credit Management Lawsuit Fights Back Against Robocalls

A Wisconsin man has filed a Midland Credit Management lawsuit, alleging he received an excessive number of robocalls that he never consented to receive.

In filing his Midland Credit Management lawsuit, plaintiff  Emir Fetai, a resident of Wisconsin, states that the defendant placed numerous calls to his cell phone in attempts to collect two alleged credit card debts. These calls were allegedly placed using a autodialer and a recorded message–a practice commonly known as robocalling.

According to the complaint, Midland was seeking to collect debts arising from transactions used for personal purposes as well as debts incurred by his father in connection with an account at a now-defunct retail department store.

Fetai, who says he has had his current cell phone number for over a decade, states that he never provided his number to Midland, nor did he consent to receive automated calls. Furthermore, Fetai says that he personally has no financial or contractual obligation for his father’s debt with Boston Store, which went out of business when its parent company declared bankruptcy in February of 2018.

According to his Midland Credit Management lawsuit, Fetai began receiving automated, pre-recorded collection calls in connection with both accounts in 2017. He ignored most of them, then finally called the company in the spring of 2018. During that conversation, Fetai says he attempted to explain that the Boston Store account had been opened by his father without his knowledge and was not his obligation. However, the Midland representative with whom Fetai communicated allegedly would not discuss his father’s account.

Plaintiff Fetai claims that Midland knowingly or willfully violated the Telephone Consumer Protection Act, or TCPA, and is seeking a court order (injunction) preventing the defendant from engaging in such violations in the future. Fetai is also asking for reimbursement of attorney’s fees and legal costs. In addition, he alleges that proposed Class Members are entitled to statutory damages.

The Telephone Consumer Protection Act

The TCPA is an amendment to the Communications Act of 1934, passed in 1991 and signed by then-President George H.W. Bush. This law restricts the use of automatic dialing systems and prerecorded messages and fax machines; it has since been revised to include text messaging as well.

Among other provisions, the TCPA prohibits business entities and organizations from robocalling consumers without their express consent, and requires them to provide clear identification as to who is calling and for what purpose. 

Plaintiffs in a successful TCPA lawsuit may be entitled to recover up to $500 per violation, plus injunctive relief to stop the defendant from making further unlawful robocalls. If it can be proven that the violator engaged in such behavior knowingly or willingly, a subscriber can sue for up to $1,500 per violation.

The Midland Credit Management Lawsuit  is Fetai v. Midland Credit Management Inc, et  al., Case No. 2:18-cv-01564 in the U.S. District Court for the District of Wisconsin,  Milwaukee Division.

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.

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