We are all familiar with the stereotypical debt collector persona…the nonstop phone calls, the harassing letters, and the repeated threats of additional collection action.
Fortunately, Congress enacted the Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA) to protect consumers from this kind of harassment.
If you’ve had a debt go to collections, you may well have received a call or letter from a company using the name “Midland.” Midland Funding is a major debt buyer and Midland Credit Management is the name of the related collection department. Midland has taken advantage of its status to treat consumers inappropriately. Midland has violated countless consumer protection laws and continues to do so. Read on to find out about your rights if you owe money to this institution.
What is Considered Illegal Under the FDCPA and TCPA?
The FDCPA was put in place to protect consumers from unfair, harassing, and unscrupulous collection practices, even if you owe the debt at issue. Common violations include harassing you over the phone, sending deceptive and misleading letters, and suing you for interest and fees you shouldn’t owe. If you’re dealing with Midland, you may well have rights against them.
The TCPA was put in place to keep companies from calling a consumer’s cell phone using an automatic telephone dialing system or a prerecorded or artificial voice without the consumer’s consent. If you are receiving unwanted calls with a prerecorded voice message or calls placed by an auto-dialer, you may have a TCPA claim.
What are Midland Funding and Midland Credit Management?
Midland Funding is a financial institution that buys the defaulted debt, mostly from retail credit cards. They buy the debt of millions of Americans annually, mostly originating from credit cards consumers used to shop at well-known retail outlets.
Midland Credit Management is the debt collector arm of the conglomerate that collects for Midland Funding and others. Many people have said both use unfair practices when attempting to collect debts. If you have been sued for a debt, you will likely be dealing with Midland Funding, whereas if you are getting calls and collection letters, you are likely dealing with Midland Credit Management.
Legal Action Against Midland
Under the FDCPA, consumers can be awarded all damages they suffered from unfair and harassing collection practices, including mental and emotional distress. Further, consumers can recover up to $1,000 in additional statutory damages, all costs of bringing a claim, and attorney’s fees. This means our attorneys can bring your claim at no cost to you!
Under the TCPA, plaintiffs can be rewarded $500 to $1500 for each harassing call they receive from a debt collector. Legal action has been taken against Midland several times with consumers claiming the bank’s calls had negative effects on their mental health.
Consumer L. Brown filed a class-action lawsuit against Midland claiming Midland had an automatic dialer contact her cell phone to collect a debt. She claimed the calls continued despite her requests to have them stop.
Brown is not alone. Millions of other consumers have also taken legal action against Midland. In fact, in 2014 a class action lawsuit was settled resulting in the bank having to pay out $8.5 million after 4 million people claimed they received harassing calls from the company.
Finding the Right Lawyer for Your Midland Funding Case
Being harassed by a debt collector is not only unpleasant, it’s illegal. If Midland or any other type of debt collector is violating the FDCPA or TCPA, you have the right to take legal action.
The SVHC legal team can help you get the compensation you deserve. Attorney Samuel Ford leads the SVHC Consumer Law Section. He is a dedicated consumer attorney who is devoted to protecting the rights of consumers in Louisiana and throughout the country. Mr. Ford understands how emotionally challenging and financially damaging it can be for consumers to deal with unfair and abusive collection practices. He will fight to see that you are compensated for your damages. Additionally, if you are simply looking for help resolving a debt owed to Midland, SVHC has helped reduce or eliminate numerous Midland accounts for consumers.
If Midland Funding or any other debt collector is contacting you, contact us!. Don’t let collectors get the upper hand. Call Samuel Ford to make sure you get the justice you deserve.