The last call anyone wants to receive is from a debt collector. You may not be surprised when a creditor turns your account over to a third-party collection agency after a number of missed payments, but if the collectors are aggressive or manipulative during any or all of the communications, it can take a toll on your health. Don’t let them literally make you sick: in this instance, federal law is on your side.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) was enacted in 1977 to combat abusive debt collection tactics. It protects consumers by prohibiting debt collectors from using methods like those below to collect a debt:
- Calling at inconvenient times, such as before 8:00 a.m. and after 9:00 p.m. in the consumer’s time zone
- Using profane and abusive language
- Pretending to be police officers or government employees
- Discussing the debt with anyone except the consumer, their attorney, spouse, or co-signer
- Calling someone at their place of employment after being told that personal calls of this type are prohibited
- Threatening legal actions they cannot take
Company Profile: MidState Collection Solutions, Inc.
If you are being called by MidState Collection Solutions, Inc., information about the company is below.
MidState Collection Solutions, Inc. is a debt collection agency located in Champaign, Illinois. It was established in 1998, has approximately 10 employees, and is managed by its President, Mary Shores.
Records on file at the PACER (Public Access to Court Electronic Records) website indicate that several people who believed they were being harassed by MidState Collection Solutions, Inc. filed lawsuits to stop the collection activities.
Alleged Violations against MidState Collection Solutions, Inc.
Cynthia Shepard vs. MidState Collection Solutions, Inc.*
According to PACER, in July 2012 MidState Collection Solutions, Inc. sent Illinois resident Cynthia Shepard a collection letter about a medical debt. She called the company upon receipt of the letter and spoke with a representative named ‘Wendy’.
Pointing out that she had not been at the hospital listed in the letter for over five years, Ms. Shepard asked why it had taken her so long to receive a bill. Wendy allegedly threatened that she needed to pay the amount of the alleged debt in full by August or it would affect her credit.
Feeling harassed by MidState Collection Solutions, Inc., she hired a consumer attorney and filed a class action lawsuit against the company for allegedly violating the FDCPA in the following ways:
- Threatening legal action that was not meant to be taken
- Using false, deceptive and misleading means to collect a debt
- Failing to send a debt validation letter after the first communication
The matter was later settled.
Hire an Attorney
The phone numbers for this collection agency are:
If any of these numbers appear on your caller ID when the phone rings, it means that you are being called by MidState Collection Solutions, Inc.. If they try to intimidate you by threatening legal action that is not intended to be taken, hire a consumer attorney.
Bullying consumers violates the FDCPA, and if you file a claim against MidState Collection Solutions, Inc. with your attorney’s assistance and win, you could potentially be awarded $1,000 per violation as well as attorney's fees, court costs, and any actual damages.
Never assume that what you’re being told by a debt collector is the truth, especially if a lot of money is at stake.
*Case taken from PACER (www.pacer.gov). File number is Case 3:12-cv-01114-WDS-PMF from the United States District Court for the Southern District of Illinois, Benton Division.
Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against MidState Collection Solutions, Inc., or any other third-party collection agency, you may not be entitled to any compensation.