Is Midland Funding, LLC calling you?* Here's what you need to know.
Debt collectors have a reputation for being rude and harassing people. Although many are reasonable and will work with you to resolve a debt, others are unfairly aggressive and persistent in pursuing you. Fortunately, there are laws that protect you against harassment and legal remedies you can use to get abusive collection agencies off your back.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, requires third-party debt collectors to behave ethically and professionally when collecting debts. Hostile and deceptive tactics like those below are illegal, and can result in revocation of the agency’s license.
- Trying to collect an amount not authorized by law or by the original creditor agreement
- Threatening you with consequences or actions they can’t legally take or have no intention of taking
- Contacting you even after you send a cease communications request
- Using profane or obscene language
- Calling you at work after they’ve been advised that such calls are not allowed
- Calling you before 8:00 a.m. and after 9:00 p.m. your time
Company Profile: Midland Funding, LLC
Midland Funding, LLC is a debt buyer and collection agency located in San Diego, California. It was established in 2008, is a part of Encore Capital Group, and is managed by its CEO, J. Brandon Black. Records on file at the PACER (Public Access to Court Electronic Records) website reveal that Midland Funding, LLC has been accused of debt collection practices that violate the FDCPA.
Alleged Violations against Midland Funding, LLC
Barbara Gardner vs. Midland Funding, LLC et al*
According to PACER, in or around December 2010 Midland Funding, LLC purchased a charged-off Citibank debt owed by Tennessee resident Barbara Gardner. Through its affiliate, Midland Credit, it hired debt collection law firm Morgan & Pottinger to collect the debt from Ms. Gardner.
On or about April 7, 2013, Midland Credit sent a collection letter entitled “Notice of New Ownership and Pre-Legal Review” to Ms. Gardner. It stated the "Current Balance" was $13,242.24. A month later, she received another letter entitled “Pre-Legal Reminder” stating that the new “Current Balance” was $13,544.64. A third letter, received in June, listed the alleged balance as $13,847.04.
On or about October 10, 2013 and December 9, 2013, Morgan & Pottinger sent collection letters to Ms. Gardner. Both letters listed the amount due as $12,118.69. When she did not pay, Midland Funding, LLC launched a collection lawsuit to collect this amount.
She checked her Equifax and TransUnion credit reports in April 2014 and saw that Midland Funding and Midland Credit were both communicating information about alleged debt. The reports showed outstanding amounts as $13,145 and $12,119, with no explanation as to the difference.
Confused and concerned, Ms. Gardner hired a consumer attorney and sued Midland Funding, LLC and its associates and agents for allegedly violating the FDCPA in the following ways:
- Using false, deceptive, or misleading representation in connection with the collection of a debt
- Using unfair and unconscionable means to collect a debt
- Misrepresenting the character, amount or legal status of the debt
The matter was later resolved.
Hire an Attorney
The phone numbers for Midland Funding, LLC are:
If the phone rings and you see these numbers on your caller ID, a debt collector is looking for you. If they demand conflicting and confusing amounts to settle the debt, hire a consumer attorney who can help you assert your rights in court. Midland Funding, LLC could be compelled to pay you $1,000 per FDCPA violation as well as attorney's fees, court costs, and any actual damages, putting them in debt to you now.
*Case taken from PACER (www.pacer.gov). File number is Case 2:15-cv-00027-RLJ from the United States District Court for the Eastern District of Tennessee at Greeneville.
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 Midland Funding, LLC or any other third-party collection agency, you may not be entitled to any compensation.