If you have fallen behind in paying bills or have a large amount of debt, debt collection agencies may begin to contact you. The Federal Trade Commission (FTC) developed a law in 1978 to protect debtors from unfair, deceptive, and harassing practices from debt collectors called the Fair Debt Collection Practices Act (FDCPA). The FDCPA prevents debt collectors from violating your rights and it also enables you to pursue legal action against these companies if your rights are violated.
Midland Credit Management is a debt collection agency located in San Diego, California. Midland Funding, LLC, which buys unpaid debts from smaller companies for profit, owns the debt collection agency.
Laws Midland Credit Management is Accused of Violating*
According to Top Class Actions, in 2014, a man from New York filed a lawsuit against Midland Credit Management. He claimed that they allegedly violated his rights under the FDCPA. The company had allegedly reached out to the man about an outstanding cellphone bill, and the man alleged that they resorted to various threats when he asked about disputing the bill. When a debt collector makes certain threats against a debtor, it is a violation under the FDCPA.
What to Do if Midland Credit Management is Trying to Collect a Debt from You*
If you feel as though Midland Credit Management is violating your rights under the FDCPA, there are certain actions you are able to take. For instance, you have the right to request the debt collection agency to cease contacting you. You can either ask them over the phone or send a written request. Sending a request as certified mail is a helpful way to provide proof that you actually did make the request for cease of contact.
After Midland Credit Management has received your request to stop contacting you, you should make a record of any repeated attempts to do so. Log the date, time, and name of the representative calling you. These records will be helpful if you file a claim, as each violation under the FDCPA may entitle you to up to $1,000 in damages, plus additional settlements for punitive damages.
You should also seek the counsel of an FDCPA attorney who will be able to help you seek damages from Midland Credit Management when your rights are violated. An FDCPA attorney can help make sure that you collect all of the necessary evidence for your claim, decide on the right amount of damages to seek, and help you file a lawsuit in a court of law. For FDCPA lawsuits, you can file a claim in state court, with the FTC, with your own state attorney general, or in small claims court.
*According to Top Class Actions.
Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Midland Credit Management or any other third-party collection agency, you may not be entitled to any compensation.