Plaintiff Says Phone Calls from Midland Credit Management Were Illegal

A consumer has filed a TCPA lawsuit after allegedly receiving repeated, harassing phone calls from Midland Credit Management.

Plaintiff Marsha F. has filed a complaint against Midland Credit Management Inc., alleging that the company committed violations of the Telephone Consumer Protection Act by placing numerous prerecorded calls using an automatic telephone dialing system.

Marsha allegedly received repeated phone calls from Midland Credit Management that used an automated voice message or a period of “dead air” while the auto dialing system tried to connect to a live operator. Marsha claims that she received multiple calls a day on back-to-back days “in a campaign designed to apply maximum psychological stress with the aim of pressuring into paying the debt”.

According to the Telephone Consumer Protection Act lawsuit, Marsha sustained serious damages as a result of the phone calls from Midland Credit Management.

“Defendant’s phone calls also harmed [Marsha] by (1) trespassing upon and interfering with Plaintiff’s rights and interests in access to her cellular telephone and telephone line; (2) intruding upon Plaintiff’s seclusion and privacy; (3) wasting Plaintiff’s time and mental energy; (4) depleting the battery life on Plaintiff’s cellular telephone; (5) using memory storage space in Plaintiff’s cellular telephone; and (6) causing Plaintiff aggravation, indignation, humiliation, embarrassment, anxiety, anguish, depression, unwarranted stress and loss of enjoyment of life,” the lawsuit states.

Marsha claims that the phone calls from Midland Credit Management are in violation of the Telephone Consumer Protection Act. The Telephone Consumer Protection Act was passed by Congress in 1991 in an attempt to restrict abusive telemarketing practices. Requirements of the Telephone Consumer Protection Act include:

• Telemarketers cannot use automated calling systems without previous consent.
• Telemarketers cannot call individuals if they have revoked their consent for telephone communications.
• Telemarketers must obtain written consent from customers before robocalling them.
• Telemarketers cannot trick customers into giving consent using an “established business relationship”.
• Telemarketers are required to provide automated opt-out mechanisms during each robocall.

Under the Telephone Consumer Protection Act, victims of unfair telemarketing practices may be entitled to $500 to $1,500 in statutory damages for each violation of the act.

Marsha argues that the phone calls from Midland Credit Management violated the Telephone Consumer Protection Act by using an automated calling system and calling her repeatedly to harass her.

“The [phone calls from Midland Credit Management] to [Marsha’s] cellular telephone were placed using an automated telephone dialing system and/or employed a prerecorded voice message. These calls bore telltale signs of an automation, such as a prerecorded message or a noticeable gap between picking up the call and a human being coming on the line,” the lawsuit claims.

The lawsuit accuses Midland Credit Management of violating the Telephone Consumer Protection Act and the FDCPA, a Florida state law. Marsha seeks a trial by jury, compensatory damages, statutory damages of $1,500 for every violation, and an order enjoining further phone calls from Midland Credit Management, court costs, and attorneys’ fees.

The Midland Credit Management TCPA Lawsuit is Case No. 0:18-cv-60715-BB in the U.S. District Court for the Southern 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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