Midland Credit Management Inc. has agreed to pay $15 million in order to settle accusations that the company violated the Telephone Consumer Protection Act (TCPA) by using an automatic telephone dialing system to place repeated debt collection calls to cell phones without prior consent.
Plaintiffs Christopher Robinson, Eduardo Tovar, and Dave Scardina filed the MCM class action lawsuit after claiming to receive multiple harassing cell phone calls at all hours of the day from Midland Funding, Midland Credit Management and Encore Capital Group without their prior express consent.
The Midland Credit Management TCPA class action lawsuit alleges that the creditors negligently or willfully violated the TCPA by using an autodialer to place robocalls to their cell phones.
According to the MCM class action lawsuit, at no time did the plaintiffs provide the company or their agents with their cell phone numbers, nor did they consent to any collection calls to be made to their cell phones.
The Midland Credit Management class action lawsuit settlement will use the $15 million in order to forgive Class Members of a portion of their unpaid debts or award Class Members with no debt with a one-time cash payout.
Midland Credit Management denies that they violated the TCPA in any way however, they agreed to the terms of the MCM class action settlement in order to avoid the cost of further litigation.
Who’s Eligible
The Midland Credit Management class action lawsuit settlement is open to all Class Members within the U.S. who were called on a cell phone by Midland or their subsidiaries, affiliates or related companies (other than Asset Acceptance LLC, Atlantic Credit & Finance, Inc. or Propel Financial Services) in connection with the collection of an alleged debt using a dialer or by artificial or prerecorded voice message without prior express consent between Nov. 2, 2006 and Aug. 31, 2014.
Potential Award
Varies.
The Midland class action settlement will award Class Members either debt forgiveness or a cash payout.
Class Members who have an outstanding debt with MCM will receive a divided portion of the $13 million debt forgiveness fund which will be shared among all Class Members who submit a valid claim.
Midland Credit Management settlement Class Members who owe nothing to the creditors will receive a one-time, divided portion of the $2 million cash settlement fund which will be shared with all Class Members who submit a valid claim.
Proof of Purchase
N/A.
In order to receive either MCM debt forgiveness or a settlement cash payout, Class Members must submit a valid Claim Form.
For those Class Members who received a postcard informing them of the Midland class action settlement, you must include the claim number listed on the postcard.
Midland Credit Management class action settlement Class Members who did not receive a postcard will be required to include the cell phone number that you believe may have been called during the Class Period as well as the last four digits of your social security number or taxpayer identification number solely to determine if records indicate you have an existing collection account to be credited.
Claim Form Deadline
04/12/2016
Case Name
In re: Midland Credit Management Inc. Telephone Consumer Protection Act Litigation, in the U.S. District Court for the Southern District of California, Case No. 11-MD-2286 MMA (MDD)
Final Hearing
08/26/2016
Settlement Website
Claims Administrator
In re: Midland TCPA Claims Administrator
PO Box 30198
College Station, TX 77842-3198
888-557-3460
Class Counsel
Douglas J. Campion, Esq.
LAW OFFICES OF DOUGLAS J. CAMPION, APC
James O. Latturner, Esq.
EDELMAN COMBS LATTURNER & GOODWIN LLC
Defense Counsel
Edward D. Totino, Esq.
DLA PIPER LLP (US)
Join a Free TCPA Class Action Lawsuit Investigation
If you were contacted by 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. Find out more at the Text Message Spam, Unwanted Cell Phone Calls TCPA Class Action Lawsuit Settlement Investigation.
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The post Midland Credit Management TCPA Class Action Lawsuit Settlement appeared first on Top Class Actions.
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