Posts tagged midland funding.

In Suzanne Hill, et al. v. Midland Funding, LLC, et al., No. 1:12-cv-02397-CCB (D.MD. Apr. 16, 2013), Plaintiffs brought a putative class action against Midland Funding LLC (Midland) alleging violations of the Fair Debt Collection Practices Act (FDCPA), the Maryland Consumer Debt Collection Act (MCDCA) and the Maryland Consumer Protection Act (MCPA). In support of their claims, Plaintiffs contend that Midland violated the FDCPA when it filed collection law suits against them listing the address of its parent company, an address at which the stated plaintiff in each lawsuit was ...

Posted in: Class Action, FDCPA
In seeming contradiction to a line of recent federal court cases which had held that a debt collector's filing suit to collect a debt without evidence to prove its claim did not, in itself, amount to a violation of the FDCPA, a federal district judge in the Southern District of Alabama recently denied a debt collector's motion for judgment on the pleadings based on similar allegations. The court found that the plaintiff's allegations went beyond the allegations at issue in the other cases by alleging not only that the debt collector had no evidence at the time it filed suit, but that it had no ...

In Bandy v. Midland Funding, LLC, No. 12-00491-KD-C, 2013 WL 210730 (S.D. Ala. Jan. 18, 2013), the U.S. District Court for the Southern District of Alabama held that filing a collection lawsuit without first obtaining evidence to prove the claims is not a violation of the Fair Debt Collection Practices Act ("FDCPA"). The Bandy defendant, a debt collection agency, filed suit in state court seeking to collect on a debt allegedly owed by the plaintiff. However, the debt collector's complaint allegedly did not contain any allegations supporting the validity of the debt, but only stated ...

Posted in: Alabama, FDCPA
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