Midland settles debt collection class action

Posted on: May 28th, 2013 by Steve Larson
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Final noticeMidland Credit Management, Inc. and Encore Capital Group, Inc. reportedly have agreed to a proposed settlement of a class action lawsuit against them in the Superior Court of California County of San Diego, entitled Daniel Pepper, et al. v. Midland Credit Management, Inc. and Encore Capital Group, Inc., Case No. 37-2011-00088752-CY-BT-CTL).  The complaint alleged that debt collection telephone calls were made that were monitored and/or recorded without providing notice at the beginning of the phone calls that the telephone calls may be monitored or recorded, according to the Midland Credit Management Debt Collection Phone Call Recording class action settlement notice.

The proposed Midland Credit Management Debt Collection Call Recording settlement class reportedly includes all persons in California, Florida, Maryland, Massachusetts, Nevada, New Hampshire, Pennsylvania and Washington who during the period from July 13, 2006 through February 18, 2011 received one or more telephone calls from and spoke with a representative of Midland Credit Management, Inc. and were not informed at the beginning of each call that that the call may be monitored or recorded.

Under the proposed Midland Credit Management Debt Collection Call Recording class action settlement, Midland Credit Management has agreed to forgive up to one thousand dollars of the money owed by Class Members who submit valid and timely Claim Forms and are identified in Midland Credit Management’s records as owing money to Midland Credit Management. 

Both defendants have also reportedly agreed to pay up to $4.5 million as cash consideration to be distributed pro rata, up to a maximum of $1,000 each, to the Class Members who submit valid and timely Claim Forms and are not identified in Midland Credit Management’s records as owing money to Midland Credit Management.

To apply for a payment under the Midland Credit Management Debt Collection Call Recording Class Action settlement, you must complete and submit a Claim Form postmarked no later than May 28, 2013. Claim forms can be submitted online at https://www.recordingclassaction.com/FileClaim/ or can be downloaded at https://www.recordingclassaction.com/pdf/v3_MDPR1_Claim-WEB_022013_FINAL.pdf