888-405-9988

Midland Credif/Midland Funding.  One of many numbers they call from.. They've been calling 7 days a week between 8:20 and 8:27am.

Also calls from 877-230-8830 7 days a week.

You need to send them a certified, return receipt debt validation, cease and desist calling, or "not me" letter.  You also need to report them to the proper agencies to which I have provided links to.  Then you need to go out and get a consumer lawyer to sue them on a contingency basis (no money out of your pocket) and let them pay you for the harassment.  If everyone did these three things, these crooks would be bankrupt and we would all be the richer for it.

MIDLAND CREDIT MANAGEMENT AKA ENCORE CAPITAL GROUP AKA ASSET ACCEPTANCE, LLC.
Looks like the CFPB has slapped them big time:  https://800notes.com/forum/ta-ceba95f52112a47/cfpb-settles-cases

Posted in:  https://800notes.com/Phone.aspx/1-877-822-9054
https://800notes.com/Phone.aspx/1-214-283-1316/59#p837778307746240527
https://800notes.com/Phone.aspx/1-877-411-5551/32
https://800notes.com/Phone.aspx/1-800-265-8825/47
https://800notes.com/Phone.aspx/1-855-808-0414
https://800notes.com/Phone.aspx/1-800-783-4936#p875170819127893235
https://800notes.com/Phone.aspx/1-855-789-8625
https://800notes.com/Phone.aspx/1-855-891-8849
https://800notes.com/Phone.aspx/1-844-236-2750
https://800notes.com/Phone.aspx/1-877-434-3695
https://800notes.com/Phone.aspx/1-855-488-1524
https://800notes.com/Phone.aspx/1-866-580-4780/23
https://800notes.com/Phone.aspx/1-877-411-6748/3
https://800notes.com/Phone.aspx/1-844-532-2891
https://800notes.com/Phone.aspx/1-800-282-2644/2
https://800notes.com/Phone.aspx/1-866-580-4780/36#p988915945458165737
https://800notes.com/Phone.aspx/1-888-311-2118/2
https://800notes.com/Phone.aspx/1-214-390-6124
https://800notes.com/Phone.aspx/1-866-626-5052#p1020757967577737255
I always have to wonder why an allegedly “legitimate” company needs so many different numbers to call out from.
Per Tamianth
MCM contact page with a location in California:
https://www.midlandcreditonline.com/contact/
The also go by the name Encore Capital Group:  http://www.encorecapital.com/contact-us

BBB gives Asset Acceptance an accredited A= even though they have 395 complaints.  Looks like they will fit in perfectly with the Encore Criminal Enterprise:  http://www.bbb.org/detroit/business-reviews/c ... rren-mi-3004304

BBB Page is being updated for both Midland and Encore (for several months now at this time):  http://www.bbb.org/sdoc/business-reviews/fina ... diego-ca-101104
However this was previously on their page-note the government action against them:

BBB Accredited Business since 5/1/2000 (1227 complaints and a government action and they are accredited?)
Midland Credit Management Inc
Phone: (800) 825-8131
Fax: (877) 414-0961
8875 Aero Dr #200, San Diego, CA 92123
http://www.mcmcg.com
View Additional Web Addresses
Additional Web Addresses
http://www.midlandcreditonline.com

BBB® Accredited Business Seal
BBB® B+ Rating

Complaint Type Total Closed Complaints
Advertising/Sales Issues 5
Billing/Collection Issues 1105
Delivery Issues 1
Guarantee/Warranty Issues 3
Problems with Product/Service 113
Total Closed Complaints 1227

Government Actions

Swanson V Midland Funding
Date of Action: 12/12/2012
On December 12, 2012, Midland Funding, LLC settled a lawsuit filed by Lori Swanson, Minnesota's Attorney General, against the company last year for filing unreliable “robo-signed” affidavits in collections lawsuits and sometimes targeting the wrong people for payment of old bills that it purchased from credit card companies. The lawsuit alleged that Midland filed thousands of collections lawsuits against individuals in Minnesota courts, often supported by unreliable “robo-signed” affidavits generated at Midland’s St. Cloud, Minnesota offices. Several Midland employees admitted in sworn testimony to signing up to 400 affidavits per day, either without reading them, without personal knowledge of their contents, and/or without verifying the accuracy of the information contained in them.

The Consent Judgment requires Midland to: provide individuals with validation of the debt; verify the identity and address of an individual claimed to owe money at the outset, before any collection effort is made, investigate the matter and, if it cannot substantiate the debt, close the account; take steps to correct any adverse credit reporting, and not later resell the debt; not file affidavits w/ the court unless the person has: a) read and understood them, b) confirmed the authenticity of any documents filed w/ the affidavit, c) only based the affidavit on the signer’s personal knowledge, and d) signed the affidavit in the presence of a notary who acknowledges the affiant’s signature in accordance with law; implement standards to ensure it does not sue people on debt that is beyond the applicable statute of limitations; implement procedures to ensure it does not sue people on debt that it does not own; may not pursue a default judgment without giving the person written notice that their response does not constitute a legal answer and waiting 30 days so the person can seek legal counsel or otherwise respond to the lawsuit; include added specificity about the facts supporting its claims in its lawsuits so that individuals can meaningfully respond to the suits against them; at least 10 days before it pursues a default judgment against an individual, send a copy of the judgment request to the individual.

Under the Consent Judgment, Midland will also resolve outstanding and future consumer complaints made to the Attorney General’s Office and pay $500,000 to the State of Minnesota.
Other complaint Sites:
http://www.ripoffreport.com/reports/directory/midland-credit-management
http://collectionagencydebt.blogspot.ca/2011/ ... management.html
They are a Kansas Corporation.  Information from the Kansas Dept. of State:
Current Entity Name    Business Entity ID Number
MIDLAND CREDIT MANAGEMENT, INC.

    0048421

Previous Names:
MERCHANTS FINANCE CORPORATION, INC.
Current Mailing Address: 3111 Camino Del Rio North Suite 1300, SAN DIEGO, CA 92108
Business Entity Type: KANSAS FOR PROFIT CORPORATION
Date of Formation in Kansas: 09/09/1953
State of Organization: KS
Current Status: ACTIVE AND IN GOOD STANDING

Resident Agent and Registered Office
Resident Agent: CORPORATION SERVICE COMPANY
Registered Office: 2900 SW WANAMAKER DRIVE SUITE 204, TOPEKA, KS 66614
Bizapedia has this on Encore which is a Delaware corporations:
http://www.bizapedia.com/nc/ENCORE-CAPITAL-GROUP-INC.html
And this on the address these criminals are located at.  Seems they have a lot of different names:
http://www.bizapedia.com/addresses/8875-AERO- ... O-CA-92123.html

This is a letter telling them that they are obligated to follow the FDCPA:
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
Division of Credit Practices
Bureau of Consumer Protection
~
Clarke W. Brinckerhoff
Attorney
December 22, 1993
Ms. Kimberlee Arbuckle
MIDLAND CREDIT MANAGEMENT
500 West First Street
Post Office Box #576
Hutchinson, Kansas 67504
Dear Ms. Arbuckle:
This responds to your letter dated December 2, 1993, inquiring whether Midland Credit Management, Inc. ("MCM") is a debt collector under the Fair Debt Collection Practices Act ("FDCPA" or "Act"). You report that MCM "purchases portfolios of delinquent accounts receivable for the purpose of profitable recovery, resale and cure. These accounts are owned solely by MCM . . ."
Section 803(6) of the FDCPA defines the term "debt collector" as "any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another." In our view, a party that purchases delinquent accounts from the party to which the debts were originally owed and attempts to collect them from the consumer debtors fits clearly within that definition. The party is attempting to collect debts that were "owed or due another" and the fact that title to the accounts is passed to the collector in no way changes that fact.
In the leading case on point, involving a company whose business included the purchase of large volumes of checks that had been dishonored and subsequent collection of the checks from their makers (in the same manner as MCM buys defaulted accounts and thereafter attempts to collect from the account debtors), the court wrote persuasively that the purchaser is covered by the FDCPA. It gave short shrift to the fact that the party had actually purchased the checks in question:
By use of the language "owed or due another" Congress was attempting to exclude those entities that extend credit from the effects of the Act. Congress intended to protect borrowers from "third persons who regularly collect debts for others." (Italics by court; citation omitted). (The purchaser) is a third party collecting a debt originally owed to another. . . . It cannot escape the spirit of the Act by the technicality of purchasing the debt upon default so that title technically rests in itself.
Holmes v. Telecredit Service Corp., 736 F. Supp. 1289, 1293 (D. Del. 1990)
The only theory for exclusion of a party such as MCM from the "debt collector" definition (and thereby from coverage under the FDCPA) is that it is a "creditor."(1) Section 803(4) defines "creditor" as "any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or trans-fer of a debt in default solely for the purpose of facilitating collection of such debt for another." Since the accounts that MCM buys are delinquent when purchased and are being transferred for the purpose of collection, we believe that MCM is within the class that the "creditor" definition expressly "does not include."(2) The words "for another" at the end of the clause excepting assignees from the definition of creditor in no way changes this result:
(T)he excluding factors in the exception are that the debts are the result of an assignment or transfer and that the debts were already in default at the time of assignment or transfer. With the phrase "for another" at the end of the exception, Congress merely intended that the debts should have originally belonged to another and that the creditor was therefore in effect a third-party or independent creditor. (Italics by court)
Kimber v. Federal Financial Corp., 668 F. Supp. 1480, 1485 (M.D.Ala. 1987). Accord, Holmes, supra, at 1293.
In sum, it is our view that a party that obtains consumer obligations in default for the purpose of collection is a "debt collector" under the FDCPA, even if that party actually purchases the accounts from the original creditor.
The views set forth in this informal staff opinion letter are not binding on the Commission.
Sincerely yours,
Clarke W. Brinckerhoff
________________________________________
1. Section 803(6)(A) only specifically exempts creditors' officers and employees. However, it "seems clear from the legislative history of the Act that Congress intended that this exclusion cover creditors themselves as well as their employees." Holmes v. Telecredit Service Corp., 736 F. Supp. 1289, 1291n.3 (D.Del. 1990), citing Kimber v. Federal Financial Corp., 668 F. Supp. 1480, 1484 (M.D.Ala. 1987).
2. See the comment on this subsection in our Staff Commentary on the Fair Debt Collection Practices Act. 53 Fed. Reg. 50097, 50101 (Dec. 13, 1988.)

So remember, when dealing with these scumbags remember that you have rights:
Federal law (FDCPA) requires them to send you a letter (US MAIL ONLY) within 5 days of their first contact that contains their name, physical address, the creditor’s name, and the amount of the alleged debt.  It also must contains “mini-Miranda” telling you that it is an attempt to collect a debt and that all information will be used for those purposes.  The one other important thing that this letter must also have in it is that you have a right to dispute the debt within 30 days of receipt of the letter and if you do so, all collection activity must be stopped until the debt is verified.
Read up on your rights here, get template letters to send and also make a complaint at this government site: http://www.consumerfinance.gov/

Also file a complaint with your State Attorney General's office.
List of State AG’s offices:  http://consumerfraudreporting.org/stateattorneygenerallist.php

According to this page, this number is midland credit but I've never seen or heard who is calling. This place, all the various numbers they have has called me from morning till night for years.. seriously.  I don't owe any bills that I know  of, maybe a book club from 20 years ago when I lived in another state. Maybe they are looking for a  possible relative or someone with the same last name. I have heard not to answer these calls, because that shows them there's a real person. The major phone companies now have a call block *60, i thought that was the answer but it only holds 12 or so calls at once. I finally bought a Panasonic phone with 250 call block and I love it.. it's easy to use (the settings) and one button blocks a call from then on. It can even be set to not ring at all when a blocked call comes in, or ring once.  it was $45 (reconditioned) and has a base and one cordless. This is really the answer to harassing and"unknown" calls. I've had them all (I've had my landline phone for almost 20 years with same number) I've gotten the ones that say they are the IRS and going to sue me, and ones that are from WINDOWS and want to connect to and have them fix my PC. I don't answer calls if I don't know who it is, and figure they can leave a message, but now with the call block they only call once (with that number and they all usually have many numbers). The worst one for calling from 8am till 9pm with many different numbers, is Verizon Wireless.. I was once on a family plan with someone who canceled the plan due to the high cost which seemed to go up more every month.  I once made the mistake of calling from my landline phone to make a payment and they got THAT number, which they continually call. If they leave a message they want me to harass the person who had the plan (it wasn't under my name) about the thousands she now owes because she cancelled the contracts early.  I know this isn't related to the number involved here, but passing this on to say the overall answer to this is to get a call blocker phone.  I had considered changing my phone number, but even unlisted numbers can be found now (we have to use them so much for internet accounts, etc) and the auto calls just seem to dial random numbers anyway, maybe till they find a "live" one.  Imagine earning one's living doing things like that.. either legit collection or scamming people?

BigA has done all of us a favor, with a well-researched article, detailing the way consumers can enforce their rights.

Note that the Feds say that the company presently using  888-405-9988 is intended to be regulated by the Fair Debt Collection Practices Act, and that a debt collector has to follow certain guidelines.

I will add only a few details:

The web site for Midland funding, LLC describes two related companies.  Per the web site:
Midland Funding LLC says:

Midland Funding LLC purchases accounts with an unpaid balance where consumers have gone at least 180 days without making a payment,... and

Midland Credit Management , ”MCM is dedicated to helping consumers find their way back to financial stability and relieve the emotional stress that can accompany unpaid debt.”

So the related companies are working both sides of the street.

Midland Funding buys unpaid balances and presumably makes all the calls trying hounding you about payment.  And once a debt collector makes contact with the debtor, the debtor can do one of three things:  Cave in to the phone call and start paying, or tell them to go stuff it, or find a way to finance a debt on which they haven't been able to make payments for six months already.

"Luckily", Midland Funding has a sister company that will offer to re-finance the debts.  So essentially, they get you to agree to start a new debt with them, at a payment amount and a rate of interest that they specify.   You wind up trading your old debt for  a brand new one.

And since they bought the debt from somewhere else, they presumably bought the right to charge at least the maximum rate on interest on the original credit agreement.

So it looks as if the company that says it is "dedicated to helping consumers find their way back to financial stability and relieve the emotional stress that can accompany unpaid debt", is just as dedicated to getting consumers to agree to pay the old debt, at a high rate of interest.

And one threat they can make is that if you start this new payment plan, and miss payments, they can add a whole new unpaid debt to your credit report.

It takes a little work to make sure that a debt collection company complies with the law.  BigA's list gives you a good map.

I guess you failed to read my post which tells you exactly how to stop the calls for less than $7.  Much, much cheaper than that phone.

You forgot to mention that the debt they buy was purchased at pennies on the dollar, so that anything they collect is almost 100% pure profit.

...this number came into our PBX line this morning, starting at 7:45, 16 calls, no messages, with the last call at 12:08 PM, CT. IT has blocked them

888-405-9988, scam from Asian posing as Nelson Collins for debt i had settled through anouther company, could not answer any questions calls after 8pm. Also scam with an Asian named Jim Johnson( right) from IRS for back taxes, IRS does not do this, they are out in full force.

To File complaints FDCPA/TCPA violations:
Your State Attorney General
Their State Attorney general
www.naag.org (you can find your state AG at this link).
https://www.ftccomplaintassistant.gov/#&panel1-1
https://consumercomplaints.fcc.gov/hc/en-us
http://www.consumerfinance.gov/complaint/
http://www.rcfp.org/reporters-recording-guide/state-state-guide
http://www.dmlp.org/legal-guide/recording-phone-calls-and-conversations
Also with the BBB and follow completely through with it.
http://www.creditcards.com/credit-card-news/c ... ations-1282.php
http://www.consumer.ftc.gov/blog/haunted-phantom-debt
Seek a FDCPA/TCPA Attorney if need be.
***A company must be licensed in their state as well as the one they are trying to collect in if two different states are involved.

Some Tips:
*Keep all messages
*Take a picture of your Caller ID
*Keep any and all conversations recorded to your states recording laws, some require they be told, others do not. This can be transferred to a recording device.
*Keep a notebook handy for writing time,date, who you spoke with and what the conversation detailed.
*Check your SOL for your state as well.
*Attorneys need to be licensed as a DC to collect, all DC's must be licensed in their state as well as yours if different.
http://www.insideedition.com/investigative/93 ... debt-collectors
http://www.fair-debt-collection.com/debt-collectors-list.html
https://www.ftc.gov/news-events/press-release ... rtners-announce

Follow the steps in what you need to know here:
https://800notes.com/arts/Jb8EW-eDhQA/harassi ... ou-need-to-know
See Residents post here also:
https://800notes.com/forum/ta-34af6a034ba34b6/unending-collection-calls
https://www.consumer.ftc.gov/blog/dont-recognize-debt-heres-what-do
Templates of Letters:
https://800notes.com/Phone.aspx/1-319-242-7350

http://www.ftc.gov/os/statutes/fdcpajump.shtm
http://www.consumerfinance.gov/askcfpb/search ...
http://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf
http://www.consumer.ftc.gov/articles/0149-debt-collection

Thank you so much! It's sooooo good to see at least a couple of these scumbags get their comeuppance. These dirtbags call my phone at all hours. I have a phoneblocker, but for some reason it rings once for them. Annoying!! I work odd hours, & don't need to be woken up by nuisance calls. I have a 815 FICO score. I don't owe ANYBODY anything that's not being paid as agreed on time. Ironically, my mortgage is through Midland Mortgage, so when I first found that it was Midland, I almost called the number back. Then after reading more of the complaints, I decided that since Midland Mortgage knows where I live, they can send a letter if they have something to say to me, since I don't do business over the phone unless I initiate the call. It's been months  now, & they're still calling, but nothing from them in the mail. It makes me wonder if their customer database has been compromised, & someone has their customer info & is spoofing Midland's phone number.

It rings once because it takes that long for the caller ID to be sent.  I doubt this outfit and Midland Mortgage are the same.  Send them a certified, return receipt cease and desist calling letter.  Use the links to file reports on their criminal activities, and then sue them for the harassment.  It would be well worth the little time you need to expend to sue them and get thousands for the aggravation.

I filed a complaint through http://www.consumerfinance.gov/complaint/. They contacted Midland, which responded that they have no record of a complaint against me. I included the phone number they call. They stated that I need to call them and tell them the phone number??? The calls have not stopped, and some mornings they start at 8 and call every half hour until 9:30, then skip a few hours and call some more. They never leave a message, or send mail regarding the reason they are calling. They seem to want to wake you so you will answer the call before you think clearly. I have worked the late shift for years, so I am becoming sleep deprived. Can't afford to sue; can't afford a new phone.

It costs you nothing out of pocket to sue.  You find an attorney that takes the case on a contingency basis meaning they foot the bill until the case settles or goes to court.  You will at best have a couple hours of your time, probably an hour to talk to the attorney, and a another hour or so during the ongoing negotiations.  When the case settles or you win your court case, they pay the lawyer.

MCM admits, I guess, to not trying to collect from you. The only other excuse to call would be skip tracing for some other victim. I'd throw them a cease-comm letter first via USPS Certified. Underline and bold the phone number(s) being called repeatedly. Point out that MCM has been tapped on the shoulder by the CFPB, and you are not helping MCM in any foxhunt.

Sue the bejeezus out of them if they're stupid enough to keep your number on their autodialer longer than 24 hours after they receive your orders to quit. Statutory award is capped at $1K. Additional damage claims can include lost wages and medical attention you needed because MCM would give you no peace.

As BigA noted, the FDCPA has a unique cost-shift provision. Losing defendants pay all court costs, both theirs and yours. The most an attorney should request up front is the court filing fee, and then only for a case considered less than a "slam dunk".

We don't know who this is and if it is a debt collector, we have no debts.  They never leave any messages and call just about every day, several times a day.  We don't answer calls that don't provide their ID. If it is important, you would think they would leave a message.

"We don't know who this is"  Did you read the other posts?  there are several in this thread posted by myself, Resident47, and Tamianth that tell you what you need to know and do. Start with Resident47's post right there above yours.

No, I would not think that a junk debt buyer or collector leaves messages. Those businesses get sued all the time for doing just that. Exposure of a call's debt collection purpose to the wrong person is considered naughty. I would bet the secrecy is due to MCM skip tracing for someone, a common complaint.

To be fair, we want people to report their own experience and not borrow the conclusions of others. The experience of many debt call recipients is to come here knowing nothing. But yes, after the fact Sandi may arm herself with what's written here and likely find it confirmed if she elects to answer the next call.

If all these posts here said that they didn't know who was calling and one poster said it was joe blow calling, then I could see taking it with a grain of salt.  But the majority of the posters all say the same thing.  Plus there are informative posts here that were probably never read as well.  It all boils down to the fact that people are way too lazy to read and learn.  Everything needs to be spoon fed to them though that little 3 x 4 flat piece of electronics that is welded onto their hip.  It is no wonder that the scammers and criminal debt collectors are making millions or even billions off of people.  I look at the money these DC's put out in fines and law suits, millions and millions and still it is to them nothing more than the cost of doing business.