8665804780
866 area code:
Toll-free
Read comments below about 8665804780. Report unwanted calls to help identify who is using this phone number.
- The SargeMush-mouthed foreigner calling me on my cell phone when I was driving, looking for someone who was not there... and not me. Took some doing to explain to the [***] that he had the wrong person.
- Caller: He would not say
- Call type: Debt collector
- Rotten RobertMIDLAND CREDIT MANAGEMENT IS BEING SUED AGAIN, AND AGAIN, AND AGAIN, AND AGAIN, THIS TIME IN ANOTHER CLASS ACTION LAWSUIT FOR $15,000,000.00, WHICH I RECEIVED IN YESTERDAYS MAIL.
YOU CAN READ THE SPECIFIC DETAILS OF THE $15 MILLION DOLLAR (MCM) LAWSUIT BY COPYING/PASTING THE 2 WEBSITE LINKS INTO YOUR BROWSER.
1) http://screencast.com/t/UxgAoA6l
2) http://screencast.com/t/g1y7Jgrt
THE REASON WHY I RECEIVED THIS NOTIFICATION IS BECAUSE MCM HAS BEEN CALLING AND SENDING ME NOTICES IN THE MAIL SINCE JULY 2007 OVER A $28,307.68 "BANK OF AMERICAN" CREDIT CARD DEBT THAT'S NOT MINE, AND NEVER WAS MINE TO BEGIN WITH, BECAUSE I'VE NEVER HAD ANY CREDIT CARD(S) ISSUED BY BOA, NO PERSONAL OR BUSINESS LOAN(S) FROM BOA, NO STUDENT LOAN(S), NO MORTGAGE LOAN, NO AUTO LOANS PERIOD.
THE 4 YEAR CALIFORNIA STATUTE OF LIMITATIONS EXPIRED ON THIS DEBT IN JULY 2011.
California has a statute of limitations of 4 years for all debts except those made with oral contracts. For oral contracts, the statute of limitations is two years. This means that for common debts like credit card debt, lenders cannot attempt to collect debts that are more than four years past due.
http://www.nolo.com/legal-encyclopedia/time-b ... tors-29805.html :
Some Debt Collectors Try to Enforce Time-Barred Debts
In recent years, aggressive debt collectors have begun trying to enforce debts that are barred by the statute of limitations. They buy these debts from original creditors for pennies on the dollar, so they make a tidy profit when they collect anything.
Some of these debt buyers use aggressive tactics when they try to collect on time-barred debts. According to media reports, they abuse and harass debtors and try to trick debtors into reaffirming debts so that the statute of limitations begins anew.
http://www.creditcards.com/credit-card-news/c ... ations-1282.php
https://www.debt.org/credit/your-consumer-rig ... -practices-act/ :
Fair Debt Collection Practices Act
Oftentimes, debt collectors are aggressive in their attempts to collect on a debt. However, federal law places restrictions on debt collectors to ensure consumers are being treated fairly and allotting them the time they need to settle the debt.
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive, unfair or deceptive practices to collect on alleged debt from consumers. The Federal Trade Commission enacted the FDCPA to protect consumers from harassment and other unethical debt collection practices. Such practices have become much more prevalent in recent years, causing a spike in personal bankruptcy filings.
The law applies only to debt collectors, who are defined as those who collect on debts owed to others. Collectors may be collection agencies, attorneys and companies that buy delinquent debt from creditors in order to collect.
The law does not apply to the original creditors. The FDCPA covers personal, family and household debts including credit cards, home/auto loans, retail refinancing and medical bills.
If you inform the collector in writing that you want him or her to stop contacting you, the collector is required under the FDCPA to cease communication. This doesn’t protect you from a potential law suit in the future in pursuit of collection but it does legally compel the collector to stop calling you.
Off-Limit Practices for Debt Collectors
Debt collectors are not permitted to contact you before 8 a.m. or after 9 p.m. They may not contact you at work if you tell them in writing that you aren’t allowed to receive calls during business hours.
http://credit.about.com/od/statuteoflimitations/g/casol.htm :
http://blog.credit.com/2013/11/new-debt-collection-law-means-for-you-71019/ :
http://www.bankrate.com/finance/credit-cards/ ... ld-debts-1.aspx :
http://www.creditinfocenter.com/rebuild/statutelimitations.shtml :
IF YOU DIDN'T BORROW MONEY FROM MIDLAND CREDIT MANAGEMENT, DON'T PAY THEM.- Caller: Midland Credit Management
- Call type: Debt collector
- Amy replies to TimMe too! I've blocked over a dozen numbers from them. This just started out of nowhere about 3 months ago. My credit is immaculate. Total Harassment!
- NaillilI am tired of about 5 calls a day from MIDLAND CREDIT, I do not know how to stop this calls, I never answer, but if very annoying this calls
at 8:30 am every day since January first 2016- Caller: Midland Credit
- Rotten Roberthttps://www.midlandtcpasettlement.com/Home.aspx
Hello Honest & Professional Consumers:
Yesterday, I forgot to post this website link regarding the $15,000,000 class action lawsuit currently pending against Midland Credit Management (AKA: MCM).
To ADD your name AND file your claim in the class action lawsuit against Midland Credit Management, you need to go to this website:
https://www.midlandtcpasettlement.com/Home.aspx
Dates and Deadlines
Exclusion deadline:
Postmarked by April 22, 2016
Objection deadline:
Postmarked by April 22, 2016
Claims filing deadline:
If filed online:
by April 12, 2016
If filed by telephone:
by April 12, 2016
If a Claim Form is mailed in:
Postmarked by April 12, 2016
Final Approval Hearing:
Scheduled for August 26, 2016 at 9:00 a.m.
Welcome to the In re: Midland Credit Management, Inc. Telephone Consumer Protection Act Litigation Settlement Website.
This website contains information regarding a class action settlement that has been approved by the Court, In re: Midland Credit Management, Inc. Telephone Consumer Protection Act Litigation, United States District Court for the Southern District of California, Case No. 11-MD-2286 MMA (MDD).
NATURE OF THE SETTLEMENT
In this case, Christopher Robinson, Eduardo Tovar, and Dave Scardina, (collectively, "Plaintiffs"), allege on behalf of themselves and the Class, that Defendants violated the Telephone Consumer Protection Act ("TCPA") by calling persons on their cell phones using an automatic telephone dialing system ("Autodialer") or artificial or prerecorded voice, without prior express consent.
Defendants deny that they violated the TCPA and specifically deny that they used an automated telephone dialing system or an artificial or prerecorded voice to call any class members without prior express consent.
The Court in charge of this case has not decided whether to finally approve the settlement; however, the Court has preliminarily approved the settlement as fair, adequate and reasonable. Payments or one-time debt forgiveness will take place if the Court approves the settlement and after any appeals are resolved.
THE SETTLEMENT CLASS
All persons in the United States who were called on a cellular telephone by Defendants or their subsidiaries, affiliates or related companies (other than calls made by 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 during the period from November 2, 2006 through August 31, 2014, inclusive.
NOTICE AND FREQUENTLY ASKED QUESTIONS (“FAQ”)
NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
IN RE: MIDLAND CREDIT MANAGEMENT, INC.,
TELEPHONE CONSUMER PROTECTION ACT LITIGATION
United States District Court for the Southern District of California
Case No. 11-md-2286 MMA (MDD)
READ THIS NOTICE CAREFULLY
YOUR LEGAL RIGHTS MAY BE AFFECTED
A court authorized this Notice. This is not a solicitation from a lawyer.
If you were called on a cellular telephone in the United States by any of the Defendants, Midland Credit Management,
Inc. (“MCM”), Midland Funding, LLC or Encore Capital Group, Inc. (collectively, “Defendants”), in connection with an
alleged debt using a dialer or by an artificial or prerecorded voice message without prior express consent during the period
from November 2, 2006 through August 31, 2014, inclusive (the “Class Period”), you are a class member and your rights
may be affected by a class action settlement. Please read the rest of this Notice to find out more.
SUMMARY OF SETTLEMENT, CLAIMS PROCESS, EXCLUDING
YOURSELF FROM OR OBJECTING TO THE SETTLEMENT
The Plaintiffs sued the debt collector Defendants in a Class Action for allegedly calling Plaintiffs and other persons
(the “Class Members” as defined below) on their cellphones without their prior consent, in violation of the Telephone
Consumer Protection Act (“TCPA”), using an automatic telephone dialing system (“Autodialer”) or artificial or
prerecorded voice between November 2, 2006 through August 31, 2014 (the “Class Period”).
Defendants deny that they violated the TCPA. However, the Parties have reached a settlement of this Class Action whereby Defendants will provide the following to settle the lawsuit:
1) They will provide credits in a total amount of $13,000,000, on a pro rata basis, to the collection accounts maintained by Defendants of all Class Members with outstanding balances who make valid claims, with the individual credit amount to be determined by the number of valid claims submitted; 2) Pay $2,000,000 which will be divided on a pro rata basis among all Class Members submitting valid claims that do not have existing accounts with outstanding balances with Defendants; 3) In addition, Defendants will pay for all costs of notice and claims administration; and 4) Defendants will pay attorneys’ fees and costs of litigation in an amount approved by the court but
not to exceed $2,400,000.
There are two groups of potential claimants. The first group consists of those persons who have accounts with Defendants
and for whom Defendants’ records show received calls on their cellphones. The second group consists of persons whose
cellphone numbers Defendants called but where Defendants’ records do not show those calls were received by persons
with accounts. Defendants generally have a name and address associated with their accounts, but do not have names and
addresses for persons without accounts. Therefore, the first group will be sent a postcard providing Notice of the
Settlement. The second group will be notified of the settlement through publication and internet notice.
Class members may submit claims though a toll-free number, online through a settlement website, or by mail by
downloading and mailing a Claim Form. If the class member received a postcard in the mail with a Claim Identification
Number, all that is required to submit a claim is that they provide the Claim Identification number. If the class member
did not receive a postcard, the class member may provide the Claims Administrator with the cellphone number(s) that
they believe may have been called to determine whether the number was called. The Claims Administrator will maintain a
list of all cellphone numbers called and if the claimant’s cellphone number is on the list as having been called in the Class
Period, they may submit a claim.
If Class Members do not want to participate in the Settlement, they can request to exclude themselves as set forth herein.
If they want to remain in the Class but want to formally object to the Settlement, they can do so as detailed below. There
are deadlines for submitting claims, excluding themselves from the Class or objecting, all set forth herein.
The Court in charge of this case has not decided whether to finally approve the settlement; however, the Court has
preliminarily approved the settlement as fair, adequate and reasonable. Payments or one-time debt forgiveness will take
place if the Court approves the settlement and after any appeals are resolved.
THESE RIGHTS AND OPTIONS, INCLUDING THE DEADLINES BY WHICH
TO EXERCISE THEM, ARE EXPLAINED IN THIS NOTICE BELOW.
Frequently Asked Questions
1. What is this lawsuit about?
2. Why did I get a postcard?
3. What if I did not get a postcard but believe I was called on my cellphone by Defendants?
4. Am I included in the Settlement Class?
5. What are the terms of the Settlement?
6. How can I make a claim for compensation?
7. What is the deadline to submit a claim?
8. When would I get my compensation?
9. In return for Settlement benefits, what am I giving up?
10. How do I get out of the Settlement?
11. If I do not exclude myself, can I sue Defendants for the same thing later?
12. Do I have a lawyer in this case?
13. How will the lawyers, class representatives and Claims Administrator be paid?
14. How do I tell the Court that I do not like the Settlement?
15. What is the difference between “objecting” and “excluding” yourself?
16. When and where is the fairness hearing?
17. Do I have to come to the hearing?
18. What if I do nothing at all?
19. Are there more details about the Settlement?
1. What is this lawsuit about?
A class action is where one or more persons, called class representatives, sue on behalf of people who have similar
claims. All of these people are a Class or Class Members. One court resolves the issues for all Class Members, except
for those who exclude themselves from the Class.
- 3 -
In this case, Christopher Robinson, Eduardo Tovar, and Dave Scardina, (collectively, “Plaintiffs”), allege on behalf of
themselves and the Class, that Defendants violated the Telephone Consumer Protection Act (“TCPA”) by calling
persons on their cell phones using an automatic telephone dialing system (“Autodialer”) or artificial or prerecorded
voice, without prior express consent. The lawsuit is entitled In re: Midland Credit Management, Inc. Telephone
Consumer Protection Act Litigation, United States District Court for the Southern District of California Case No.
11-MD-2286 MMA (MDD) (the “Lawsuit”). The TCPA provides, among other relief, that a plaintiff may seek
statutory damages of up to $500 per violation, and that this amount may be trebled for willful violations. The TCPA
does not provide for the recovery of attorneys’ fees. Defendants deny that they violated the TCPA and specifically
deny that they used an automated telephone dialing system or an artificial or prerecorded voice to call any class
members without prior express consent. The Court in charge of this case has not decided whether to finally approve
the settlement; however, the Court has preliminarily approved the settlement as fair, adequate and reasonable.
Payments or one-time debt forgiveness will take place if the Court approves the settlement and after any appeals
are resolved.
2. Why did I get a postcard?
If you received a postcard, Defendant’s records indicate you were called on your cellphone and if you did not consent
to being called, you may submit a claim to share in the benefits of the class action settlement, including either credits
to any collection account you have with Defendants, or a cash payment if you do not have such a collection account.
The amount of the credits to be applied to Defendants’ accounts and, alternatively, the amount of payment each
person receiving a portion of the cash component of the Settlement, will depend on the number of valid claims
received in each category.
3. What if I did not get a postcard but believe I was called on my cellphone by Defendants?
There were many other persons that were called on their cellphones by Defendants during the Class Period than those
who will receive a postcard. Postcard Notices were sent to only those persons that Defendants could identify by name
from their records as receiving calls on their cellphones. Many other persons were called for which Defendants have
the cellphone numbers called. The Claims Administrator has a list of all cell phone numbers called (“Cellphone
Number List”), Upon request by anyone believing they were called by Defendants, the Claims Administrator will
compare that number or those numbers to the numbers on that Cellphone Number List to see if those cellphone
numbers provided by the requester were in fact called during the Class Period by Defendants. If you believe you
received one or more calls to your cellphone during the Class Period, you can submit that number or those numbers
that may have been called to make that determination by submitting them to the Claims Administrator either 1) online
on the settlement website www.MidlandTCPAsettlement.com, 2) by calling the toll-free telephone claim number
1-888-557-3460 or 3) by mail by downloading the Claim Form from the website or requesting that form by telephone
from the Claims Administrator and mailing it to the Claims Administrator at the address below. If your cell number
was called during the Class Period, and you did not consent to being called, you are entitled to submit a claim. (Only
one claim can be submitted, regardless of the number of cellphone numbers called.) If you were not called by
Defendants during the Class Period as indicated on the Cellphone Number List, you may not submit a claim. All valid
claimants will receive either credits to any collection account they have with Defendants, or a cash payment if they do
not have such a collection account. The amount credited or paid to each claimant will be the same whether or not they
received a postcard Notice.
4. Am I included in the Settlement Class?
Those persons in the settlement Class or Class Members are defined in the Settlement Agreement as:
All persons in the United States who were called on a cellular telephone by Defendants or their subsidiaries,
affiliates or related companies (other than calls made by 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 during the period from
November 2, 2006 through August 31, 2014, inclusive.
Excluded from the Class are the Judges to whom the Action is assigned and any member of the Judges’ staffs
and immediate families, as well as all persons who validly request exclusion from the Settlement Class.
5. What are the terms of the settlement?
The Court did not decide in favor of either side. Instead, both sides have voluntarily agreed to a settlement before any
trial, which provides for several benefits:
- 4 -
a. The Settlement benefit totals Fifteen Million Dollars ($15,000,000) (the “Settlement Fund”), which is comprised
of Thirteen Million Dollars ($13,000,000) of debt forgiveness and Two Million Dollars ($2,000,000) of cash.
A Class Member’s recovery depends on how much, if anything, the individual owes Defendants on their
collection account with Defendants and the number of valid claims submitted. Defendants’ collection accounts
generally are established when Defendants purchase obligations owed to creditors. If the Class Member owes
Defendants nothing on the collection account or no collection account exists, then that Class Member may be
entitled to a one time pro rata share (“Individual Cash Settlement Amount”) from the $2,000,000 Cash
Component of the Settlement Fund after the incentive awards to be paid to Plaintiffs and any fees owed to any
Special Master appointed by the Court are deducted. The Settlement Administrator will issue this payment by
way of check. The funds represented by the check for the Individual Cash Settlement Amount shall not become
the property of any individual Class Member unless and until the check representing those funds is cashed.
If there is an outstanding balance owed by the Class Member to Defendants on a collection account, then that
Class Member may be entitled to a one-time forgiveness of the money owed to Defendants of the lesser of
(1) a pro rata share of the $13,000,000 of debt forgiveness (which is calculated by dividing $13,000,000 by the
number of valid Claim Forms received from Class Members who have an outstanding balance on a collection
account); or (2) the balance owed on the collection account.
In the event that any portion of the Cash Component of the Settlement Fund remains unclaimed, or any check
sent to any Class Member remains un-cashed for more than 180 days after issuance, then such unclaimed or
un-cashed funds will, subject to approval by the Court, become part of the Settlement Fund for cy pres
distribution to organizations mutually agreed upon by the parties and approved by the Court.
b. All reasonable costs and expenses associated with giving notice to the Class Members and administering the
Settlement shall be fully and exclusively paid to the Claims Administrator, KCC Class Action Services, by
Defendants separate and apart from, and in addition to, the Settlement Fund.
c. Further, the proposed Settlement contemplates that Class Counsel shall be entitled to apply to the Court for an
award of attorneys’ fees, and litigation expenses up to a maximum of $2,400,000 to be paid by Defendants
separate and apart from the Settlement Fund.
d. Additionally, the Plaintiffs each intend to seek incentive awards of up to $2,500 that will be paid from the
$2,000,000 cash portion of the Settlement Fund for bringing and maintaining the Lawsuit on behalf of the
Class as the Class Representatives.
6. How can I make a claim for compensation?
The third party Claims Administrator, KCC Class Action Services, will be administering the claims. By the terms of
the Settlement, no updated contact information you provide to the Claims Administrator will be provided to
Defendants. Your name and last four digits of your social security number will be provided to Defendants solely to
determine if their records indicate whether you have an existing collection account to be credited.
You may make a claim for compensation in one of three ways:
(1) Submitting a claim online at the Claims Administrator’s settlement website: www.MidlandTCPAsettlement.com; or
(2) Submitting a claim by telephone by calling the Claims Administrator at 1-888-557-3460; or
(3) Submitting a claim by mail by either downloading a Claim Form from the settlement website or requesting by
telephone that the Claims Administrator mail you a copy of the Claim Form, completing that paper Claim Form
and mailing the completed Claim Form to the Claims Administrator by the Claims Deadline.
If you received a postcard notifying you about the Settlement, you must include the following information with
your submission:
a. name;
b. claim number;
c. current address for receipt of the Settlement payment, if different from the postcard Notice address;
If you did not receive a postcard notifying you about the Settlement, you must include the following information
with your submission:
a. name;
- 5 -
b. any cell phone number on which you believe you may have been called during the Class Period;
c. current address (not to be provided to Defendants but retained only by the Claims Administrator); and
d. the last 4 digits of your social security number or taxpayer identification number solely to determine if
Defendants’ records indicate you have an existing collection account to be credited.
In either case, in order to submit a claim, you must agree with the following statement: “By filing a claim, you are
acknowledging that you were called by Defendants or their related entities on your cellphone at least once, and for
one or more of those calls, you did not consent to receive such calls to your cellphone.”
After your claim is submitted, if the Claims Administrator determines that your claim is valid, your claim will be
processed. Only one claim may be submitted per person called by Defendants or someone acting on behalf of
Defendants. If the Claims Administrator determines that your claim is incomplete, you will receive a deficiency notice
from the Claims Administrator.
Written requests for information, or to mail Claim Forms, all must be submitted to the following address:
In re: Midland TCPA Claims Administrator
P.O. Box 30198
College Station, TX 77842-3198
7. What is the deadline to submit a claim?
All online claims or telephone claims must be made on or before 11:59 p.m. PST, April 12, 2016. If you submit your
claim by mail, your claim must be postmarked on or before this date.
8. When would I get my payment?
The Court will hold a Final Approval or Fairness Hearing on August 26, 2016, which may be rescheduled by the
Court, to decide whether to grant final approval of the Settlement. If Judge Michael M. Anello grants Final Approval,
and there is no appeal of the Final Approval Order, the Order will become final by law in thirty days from the date of
the entry of the Order. The Claims Administrator will attempt to pay all cash claims and Defendants will attempt to
credit accounts within 30 - 45 days of the date the Order becomes final so long as the individual amount of each claim
can be determined. Also, there may be appeals. If so, the Final Approval Order does not take effect until those appeals
are resolved. It is always uncertain whether and when appeals would be resolved, and payment under this Settlement
cannot be made until the Final Approval Order is final.
9. In return for Settlement benefits, what am I giving up?
The full terms of this Release are contained in the Settlement Agreement, Section 16 available here, on the settlement
website, or at the public court records on file in this lawsuit. In summary, Plaintiffs and Class Members release
Defendants and their related parties from any liability related to the use of an automatic telephone dialing system or
artificial or prerecorded voice during the Class Period November 2, 2006 through August 31, 2014, inclusive, that
violated the TCPA or state laws.
More specifically, each of the Plaintiffs and each Class Member relinquishes and discharges and releases Encore
Capital Group, Inc., Midland Funding, LLC and Midland Credit Management, Inc. and, whether or not specifically
named in the Settlement Agreement, each of their past or present directors, officers, employees, agents, insurers or
reinsurers, shareholders, attorneys, advisors, consultants, representatives, partners, affiliates, related companies,
affiliated companies, parents, subsidiaries, joint venturers, independent contractors, vendors and service providers,
wholesalers, resellers, distributors, retailers, divisions, predecessors, successors, and assigns (collectively, the
“Released Parties”), from any and all liabilities, claims, causes of action, damages, penalties, costs, attorneys’ fees,
losses, or demands, whether known or unknown, existing or potential, suspected or unsuspected, which were asserted
in the Action or are related to the claims asserted in the Action, any and all claims relating to the making, placing,
dialing or initiating of calls using an automatic telephone dialing system or artificial or prerecorded voice, any and all
claims for violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227, and the regulations promulgated
thereunder or related thereto, and any and all claims for violation of any laws of any state that regulate, govern,
prohibit or restrict the making, placing, dialing or initiating of calls using an automatic telephone dialing system, an
artificial or prerecorded voice, or any automated process or technology (hereafter, collectively, the “Released
Claims”). Excluded from the Released Parties are Atlantic Credit & Finance, Inc. and Propel Financial Services.
Excluded from the Released Claims are any claims arising from telephone calls made by Asset Acceptance LLC
itself, or by Astra Business Services, Inc. or Radius Solutions, Inc., on behalf of Asset Acceptance LLC.
Also excluded from the Released Claims are any claims based on telephone calls made before November 2, 2006 or
after August 31, 2014.
- 6 -
The release also covers known and unknown claims, and waives rights under California Civil Code Section 1542 and
similar statutes. This means that all of the Court’s orders will apply to you and legally bind you. By staying in the
Class, you agree to release any claims, known and unknown, arising from the facts alleged in this lawsuit. The full
text of the Release of Claims sections of the Settlement Agreement are set forth in the Appendix at the end of this
Notice on page 8.
10. How do I get out of the Settlement?
If you do not want to participate in this Settlement, or you want to keep the right to sue or continue to sue Defendants
on your own, then you must take steps to get out of the Settlement. This is called “excluding yourself” from or
“opting out” of the Class, and therefore from the Settlement.
To exclude yourself from the Settlement, you must send a letter or postcard by mail saying that you want to be
excluded from the Settlement of In re: Midland Credit Management, Inc. Telephone Consumer Protection Act
Litigation, United States District Court for the Southern District of California Case No. 11-MD-2286 MMA (MDD).
Be sure to include your name, address, telephone number, your signature, and a statement that you wish to be
excluded from the Class. You must mail your exclusion request postmarked no later than April 22, 2016 to the Claims
Administrator at the following address:
In re: Midland TCPA Claims Administrator
P.O. Box 30198
College Station, TX 77842-3198
You cannot exclude yourself on the phone or by email. If you ask to be excluded, you will not get any Settlement
compensation, and you cannot object to the Settlement. You also will not be legally bound by anything that happens
in the Lawsuit.
11. If I do not exclude myself, can I sue Defendants for the same thing later?
No.
12. Do I have a lawyer in this case?
The Court appointed Douglas J. Campion of The Law Offices of Douglas J. Campion, APC and James O. Latturner of
Edelman, Combs, Latturner & Goodwin, LLC to represent you and other settlement Class Members. Their contact
information is below. These lawyers are called Class Counsel, and their contact information is listed below. If you
want your own lawyer, you may hire one at your own expense and enter an appearance through your own counsel.
Douglas J. Campion, Esq.
Law Offices of Douglas J. Campion, APC
midlandsettlement@djcampion.com
James O. Latturner, Esq.
Edelman Combs Latturner & Goodwin LLC
info@edcombs.com
13. How will the lawyers, class representatives and claims administrator be paid?
The proposed Settlement contemplates that Class Counsel shall be entitled to apply to the Court for an award of
attorneys’ fees and litigation expenses up to a maximum of $2,400,000 to be paid by Defendants separate and apart
from the Settlement Fund. The proposed Settlement also requires that all reasonable costs and expenses associated
with giving notice to the Class Members and administering the Settlement shall be fully and exclusively paid by
Defendants separate and apart from, and in addition to, the Settlement Fund. Lastly, the proposed Settlement
anticipates that Class Counsel will request an incentive award in the amount of $2,500 each to be distributed from the
Cash Component of the Settlement Fund to each of the three Plaintiffs, for a total of $7,500. The incentive awards are
paid to the three Plaintiffs for their efforts in bringing the action and assisting throughout the litigation.
14. How do I tell the Court that I do not like the Settlement?
If you are a settlement Class Member and want to object to the Settlement, the deadline to object is
April 22, 2016. To object, you must mail a letter or other document saying that you object to the settlement of
In re: Midland Credit Management, Inc. Telephone Consumer Protection Act Litigation, United States District Court
for the Southern District of California Case NO. 11-MD-2286 MMA (MDD). Be sure to include your name, address,
telephone number, your signature, the reason you object to the Settlement and any supporting documents. Mail the
objection to each of the following addresses postmarked no later than April 22, 2016:
- 7 -
Clerk of The Court
Courtroom 3A
U.S. District Court
Southern District
of California
221 West Broadway
San Diego, CA 92101
Class Counsel
Douglas J. Campion, Esq.
Law Offices of Douglas J.
Campion, APC
17150 Via Del Campo,
Suite 100
San Diego, CA 92127
Defense Counsel
DLA PIPER LLP (US)
Edward D. Totino, Esq.
2000 Avenue of the Stars,
North Tower,
4th Floor
Los Angeles, CA 90067
In re: Midland TCPA
Claims Administrator
P.O. Box 30198
College Station,
TX 77842-3198
You may also ask the Court for permission to speak at the fairness hearing. To do so, you must send a letter saying
that it is your “Notice of Intention to Appear in In re: Midland Credit Management, Inc. Telephone Consumer
Protection Act Litigation, United States District Court for the Southern District of California Case NO. 11-MD-2286
MMA (MDD).” Be sure to include your name, address, telephone number, and your signature. Your Notice of
Intention to Appear must be filed with the Court no later than August 16, 2016, and sent to Class Counsel and
Defense Counsel at the above addresses.
You cannot object or speak at the hearing if you “excluded yourself” from the Class.
15. What is the difference between “objecting” and “excluding” yourself?
Objecting is simply telling the Court that you do not like some aspect of the Settlement. You can only object if you
stay in the Class and you will continue to be bound by rulings of the Court pertaining to the Class. Excluding yourself
from the Settlement is telling the Court that you do not want to be part of the Class, which you must do if you want to
file your own lawsuit against Defendants. If you exclude yourself, you have no basis to object because the case no
longer affects you.
16. When and where is the fairness hearing?
The Court will hold a final fairness hearing at 9:00 a.m. on August 26, 2016 at the U.S. District Court, Southern
District of California, in Courtroom 3A (3rd Floor – Schwartz), 221 West Broadway, San Diego, CA, 92101, before
the Honorable Michael M. Anello. At this hearing, the Court will consider whether the settlement is fair, reasonable,
and adequate. If there are objections, the Court will consider them. If anyone has asked to speak at the hearing, Judge
Anello will listen to him or her at that time. The Court will decide after the hearing whether:
1) to approve the Settlement as fair and reasonable, 2) to give final approval to the amount of attorneys’ fees, and the
costs of notice and claims administration, and 3) to give final approval to the incentive payment to be provided to the
Plaintiffs as Class Representatives. We do not know how long these decisions will take.
17. Do I have to come to the hearing?
No. Class Counsel will answer questions Judge Anello may have that are directed to the Class. But you are welcome
to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as
you mail your written objection on time, the Court will consider it.
18. What if I do nothing at all?
If you do nothing, you will be part of the Class and will release your claims as explained above. You will be
precluded from being part of any other lawsuit against Defendants or any other Released Party relating to the
Released Claims in this case. It also means that all of the Court’s orders will apply to you and legally bind you.
You must submit a claim to receive the benefits detailed above, including the credits to your account or the
cash compensation.
19. Are there more details about the Settlement?
This Notice summarizes the proposed Settlement, and more details are in a Settlement Agreement, which can be
downloaded here and is part of the Court’s file, a public record. Many of the court papers, including this Notice, the
Settlement Agreement and the Order for Preliminary Approval are also posted on the Settlement website
www.MidlandTCPAsettlement.com. You can obtain a copy of the Settlement Agreement or review any other part of
the papers relating to the lawsuit by examining the records of this case, In re: Midland Credit Management, Inc.
Telephone Consumer Protection Act Litigation, United States District Court for the Southern District of California
Case No. 11-MD-2286 MMA (MDD), at the Clerk’s office at the U.S. District Court, Southern District of California,
221 West Broadway, San Diego, CA, 92101. The clerk’s office has the ability to make copies of any such public
documents for you. Also, all filed documents in the case, including the Settlement documents, are available for
viewing online for a fee through the Court’s PACER document review system (www.pacer.gov).
- 8 -
YOU MAY CONTACT THE SETTLEMENT ADMINISTRATOR WITH ANY
QUESTIONS AT 1-888-557-3460 OR GO TO WWW.MIDLANDTCPASETTLEMENT.COM.
PLEASE DO NOT CONTACT THE COURT
OR DEFENSE COUNSEL WITH ANY QUESTIONS
Important Dates
Deadline Date
Deadline to submit claim April 12, 2016
Deadline to opt out April 22, 2016
Deadline to object April 22, 2016
Final Fairness Hearing August 26, 2016, 9:00 a.m.
Appendix
Release of Claims from the Settlement Agreement, Sections 16.01 & 16.02 16.01.
Upon entry of the Judgment, Class Representatives, for themselves and on behalf of each member of the Class
who has not submitted a valid and timely request for exclusion from the Class, and their respective heirs, assigns,
successors, agents, attorneys, executors, and representatives, shall be deemed to have, and by operation of the Judgment
shall have, fully, finally, irrevocably, and forever released Encore Capital Group, Inc., Midland Funding, LLC and
Midland Credit Management, Inc. and, whether or not specifically named herein, each of their past or present directors,
officers, employees, agents, insurers or reinsurers, shareholders, attorneys, advisors, consultants, representatives, partners,
affiliates, related companies, affiliated companies, parents, subsidiaries, joint venturers, independent contractors, vendors
and service providers, wholesalers, resellers, distributors, retailers, divisions, predecessors, successors, and assigns
(collectively, the “Released Parties”), from any and all liabilities, claims, causes of action, damages, penalties, costs,
attorneys’ fees, losses, or demands, whether known or unknown, existing or potential, suspected or unsuspected, which
were asserted in the Action or are related to the claims asserted in the Action, any and all claims relating to the making,
placing, dialing or initiating of calls using an automatic telephone dialing system or artificial or prerecorded voice, any
and all claims for violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 and the regulations promulgated
thereunder or related thereto, and any and all claims for violation of any laws of any state that regulate, govern, prohibit or
restrict the making, placing, dialing or initiating of calls using an automatic telephone dialing system, an artificial or
prerecorded voice, or any automated process or technology (hereafter, collectively, the “Released Claims”).
Excluded from the Released Parties are Atlantic Credit & Finance, Inc. and Propel Financial Services. Excluded from the Released
Claims are any claims arising from telephone calls made by Asset Acceptance LLC itself, or by Astra Business Services,
Inc. or Radius Solutions, Inc., on behalf of Asset Acceptance LLC. Also excluded from the Released Claims are any
claims based on telephone calls made before November 2, 2006 or on or after September 1, 2014.
16.02. By operation of the entry of the Judgment, the Class Representatives, for themselves and on behalf of each
member of the Class, agree to waive in connection with the Released Claims any and all provisions, rights and benefits,
which they now have or in the future may be conferred to them by section 1542 of the California Civil Code (“Section
1542”) or any similar statutory or common law provision of any other jurisdiction. Section 1542 reads as follows:
Certain Claims Not Affected by General Release: A general release does not extend to claims which the creditor does not
know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have
materially affected his settlement with the debtor.
Class Representatives, for themselves and each member of the Class, expressly acknowledge that, to the extent permitted
by law, they are waiving in connection with the Released Claims the protections of Section 1542 and of any comparable statutory or common law provision of any other jurisdiction.
REMEMBER. Collections Agencies prey upon people who are EASILY BULLIED, FEARFUL OF GOING TO JAIL, IGNORANT, WEAK, UNIFORMED, SHY and TIMID about basic consumer protection laws.
Most consumer protection law firms offer up to 30 minutes of free advice via telephone or in person.
DON'T be afraid to make that FREE call.
https://www.midlandtcpasettlement.com/Home.aspx
Good luck.
Rotten Robert- Caller: Midland Credit Management
- Call type: Debt collector
- Bernard WinickiQuit calling us. You are a nuisance and we don't know you.
- Silence-is-Golden replies to Grcoeeg| 1 replyQuestion about the Sentry 2 Call Blocker: When a blocked caller attempts to call you, does the phone ring one time or does it not ring at all? Our Panasonic system blocks calls, but the call STILL rings the phone one time and this is STILL annoying. I want a call blocker that prevents my phone from ringing even ONE TIME once the call has been blocked. Thanks.
- DReceived numerous calls from this number stating outstanding paypal credit card, demanding payment for $899. Paypal account has been closed for years. Have never had a paypal credit card. Very rude Indian sounding male. Blew the air horn in his ear!
- Caller: Unkown
- stevenblock
- Caller: ?
- Larry| 1 replyThis kept calling so I looked it up and found this blog. They are calling my father's house who is 78 and has Alzheimers and I am afraid they will get him and get private information. They need to be dealt with.
- Caller: Midland Credit Management
- Call type: Debt collector
- BigA replies to LarryThen deal with it. I have posted everything you need to know including where to make complaints as well as where to learn your rights and the law in this matter. You need to do three things. First, send them a certified, return receipt debt validation or cease and desist calling letter. Then you need to file reports with the proper agencies at the provided links. Third, you need to go out and get a consumer lawyer to sue them on a contingency basis (no money out of your pocket and they end up paying his/her fees) thus putting money in your pockets for the harassment they are giving you.
https://800notes.com/Phone.aspx/1-866-580-4780/36#p988915945458165737 - JaniceReceived three calls today with no one on the line
- DimiThey have been calling us constantly. I just don't pick up.
- Caller: 8665804780
- JamesGuys he's from Nepal or china
- Call type: Telemarketer
- suethey are calling my cell phone on a daily basis.
- Caller: 866-580-4780
- amanda harrisThis number has called several times and doesn't leave a message.
- KayeCall started beginning of Dec 2015, then nothing until the beginning of Jan 2016...they call just about every day usually 3x in a day.
They never leave a message and I don't pick up the phone with unfamiliar #s.
Panasonic phone with call block up to 250 #s one the best inventions. - GregMaybe Donald Trump could stop all these annoying calls
- Kim| 1 replyI have blocked this number from calling us but I can see online what calls we have missed even that its blocked Yesterday alone we had 23 missed calls from them. Before we blocked it we would answer and NO one was ever there no messages ever got left on voice mail
- Caller: I have no clue
- krisCalled, said was frank, not a frank, connected me to a woman, said kristin? And hung up
Report a phone call from 866-580-4780: