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Midland Funding Debt Collection Abuse Settlement Struck Down

By Mike Holter

 

Midland Funding lawsuitA federal appeals court Tuesday struck down a proposed class action lawsuit settlement that would have compensated consumers who were allegedly targets of unfair debt collection practices by Midland Funding.

The settlement would have resolved three class action lawsuits accusing Midland Funding LLC, Midland Credit Management Inc. and Encore Capital Group Inc. of violating the Fair Debt Collection Practices Act by robo-signing lawsuit affidavits.

According to plaintiffs, Midland employees routinely robo-signed affidavits claiming personal knowledge that consumers owed debts, despite having no such knowledge of the facts asserted. Court documents showed Midland employees had been signing between 200 and 400 computer-generated affidavits per day for use in debt-collection actions, without personal knowledge of the accounts, in violation of the FDCPA.

In a decision filed Tuesday, the Sixth Circuit Court of Appeals reversed the district court’s ruling approving the Midland Funding class action settlement and vacated the judgment certifying the nationwide settlement class, finding that the settlement was unfair.

The Sixth Circuit agreed with objectors who argued the proposed deal unfairly compensated the named plaintiffs $8,000 each plus eliminated their debts, while Class Members who opted into the settlement would only receive $17.38 each and still owe their debts.

“This disparity in relief is so great that we conclude the district court abused its discretion in finding that the settlement was fair, reasonable, and adequate,” the appeals court said.

This isn’t the only time Midland Funding has been accused of violating federal law in its attempts to collect debts from consumers.

The company is the target of a separate class action lawsuit investigation into allegations it contacted consumers on their cell phones without prior express permission, in violation of the Telephone Consumer Protection Act.

The TCPA prohibits companies from placing unsolicited cell phone calls or text messages to consumers unless they’ve received prior permission to contact them. Violating the TCPA can result in stiff penalties of $500 to $1,500 per violation. Class Members of TCPA class action lawsuit settlements can receive hundreds – if not thousands – of dollars in compensation.

If you received an unsolicited text message or phone call to your cell phone from Midland Funding or another debt collection agency, you may have a claim to join a class action lawsuit. Visit the TCPA Class Action Lawsuit Investigation for more details about your legal rights.

 

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Updated March 1st, 2013

 

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8 Comments

  • Remigio Magbanua March 4, 2013

    I received $25.00 from our class action lawsuit against Chase Bank on Feb.27/13 which is not enough for the expenses that I incurred in answering the lawsuit of Midland who claimed that they are the successor in Interest to Chase bank.I have the affidavit that they robo signed,claiming that they have personal knowledge of my account which of course is not true.I want to be included in this class action lawsuit.

  • Leah March 5, 2013

    @remigio magbanua. The 6th circuit struck down the settlement in the midland case specifically because the compensation to the class was insufficient. You may be able to get a bigger settlement. Don’t cash that check and call the attorney

  • Yeah March 5, 2013

    Midland is one of the worst penny debt collectors there is! I am GLAD they finally got busted for their lies! And, it seems to me ANYONE on their mailing list ever should be an automatic plaintiff in this matter x how many different accounts Midland tried to collect from them over the years. I had fraudulent accounts opened in my name; Midland tried to collect from me on those debts saying the very same BS of having personal knowledge the debts were in fact mine without ever providing proper validation, they just posted it all on my CR’s illegally and no one would remove them. I sure wish I could find out who to talk to about this to be included!

  • Rebecca November 6, 2013

    they called me a few years back stated they were with the brevard county sheriffs department ,

  • Rebecca November 6, 2013

    i just read the court document it self not the claim on my settlement claims “states NOV 6th 2013 ” we all should send emails contact whoever,, they are trying to get out of paying us this is BS

  • k November 6, 2013

    i just got a email stating it was in may when in fact it was nov 6 2013 last night , but however i did find the site that has nov 6-2013 ,why is the claims administrator lying?

  • Ann June 2, 2014

    Midland funding is trying to collect $$$$$ and I have no idea who they are an I won’t pay for something unless it shows proof of purchase,,and I want to see my signature as well!!!!!

  • Barb July 8, 2014

    Midland Funding is trying to collect from me as well, they will not provide Validation of the debt as they have been asked to do in two separate certified letters. When disputing the debt they claim they know it is mine without validation.

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