Lawsuit Claims Midland Credit Management ‘Threatened’ Legal Action without Real Intent

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A proposed class action has been filed in New York against Midland Credit Management, Inc.; Midland Funding, LLC; and Encore Capital Group over alleged violations of federal debt collection law. The plaintiff claims she received a notice from Midland Credit Management in January 2017 in which the company stated, in part:

“Midland Credit Management, Inc. is considering forwarding this account to an attorney in your state for possible litigation . . . If we don’t hear from you or receive payment by 03-04-2017, we may proceed with forwarding this account to an attorney.”

The lawsuit asserts that the above statement amounts to a threat from Midland Credit Management to take action against the plaintiff that the company had no true intention of taking. The case notes the defendants sent the plaintiff a follow-up notice in February, indicating Midland’s January 2017 statement was nothing more than “an empty threat of legal action” meant to scare the plaintiff into paying her supposed debt.