Midland Credit Management, Inc. recently settled a class action lawsuit that alleged the company violated the Telephone Consumer Protection Act (“TCPA”) by attempting to collect debt through the use of an automatic telephone dialing system (“ATDS”) without prior express consent. If you have received a letter alerting you to the existence of the Midland Credit Management settlement or any other TCPA class action settlement, contact the North Carolina TCPA lawyers at Maginnis Law for a free case evaluation or visit our firm’s TCPA page and our case results page (scroll to consumer protection for the firm’s most recent TCPA cases) for more information. You can also subscribe to our mailing list to learn about your consumer rights against large corporations.
The plaintiffs alleged that Midland Credit Management violated the TCPA by attempting to collect debt without their permission. According to the plaintiffs, Midland Credit Management never received the necessary consent required to contact consumers.
The debt collector has agreed to settle the matter on behalf of all individuals who were called on a cellular telephone in an attempt to collect debt using an artificial or prerecorded voice message without prior consent. Midland Credit Management has a fund of $13 million to be shared among all Class Members who submit a valid claim. Although this sounds like a large number, most class action members receive a much smaller amount than they could receive as an individual plaintiff.
Class Action Details
Importantly, just because you are a class member does not mean you must accept the class settlement that offered. Depending on the number of telephone calls that Midland Credit Management made to your phone, it may be beneficial to “opt-out” of the class settlement. Once you’ve opt-out you can pursue your rights individually. This is especially favorable to those who received a large influx of calls. The TCPA allows individuals to pursue damages when a collector calls without consent. Recipients of unwanted calls are eligible for a minimum of $500.00 and a maximum of $1,500.00 per call.
Representation Against Debt Collectors
Have you been harassed by Midland or another debt collector? Contact The TCPA attorneys of Maginnis Howard for a free consultation. You can reach us by phone at (919) 526-0450 or through our confidential contact page.