Welcome to the In re: Midland Credit Management, Inc. Telephone Consumer Protection Act Litigation Settlement Website.
The Judge has entered an Amended Order granting final approval on December 2, 2016. Judgment was entered pursuant to that Amended Order on January 10, 2017, and, by law, the Judgment is not final until February 10, 2017. After it is final, the process of issuing settlement checks and applying credits will begin within the time periods contained in the Settlement Agreement. Checks are scheduled to be mailed on or around May 26, 2017.
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).
If you received a letter dated July 6, 2016 saying you would be getting debt credit as part of the settlement and you want to challenge that you owe money to the Defendants, please click here.
If you agree that you owe Defendants money you DO NOT have to file a challenge at this time and you will receive your debt credit per the terms of the settlement.
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.