MCM Accused of Miscommunicating Consumer’s Debt Dispute Rights

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Midland Credit Management, Inc. (MCM) is on the receiving end of a proposed class action lawsuit alleging the debt collector miscommunicated a consumer’s right to dispute his purported debt. According to the complaint, the plaintiff received a collection letter instructing him to “send disputes or an instrument tendered as full satisfaction of a debt to” the defendant’s physical address. This was followed in the notice by a statement indicating he “may also call” the provided telephone number. The case argues that “to be effective, a dispute of a debt must be made in writing,” noting that only a written dispute will invoke the protections provided under the Fair Debt Collection Practices Act. The defendant’s reference to a telephone number was meant to rob the plaintiff of his FDCPA rights concerning debt disputes, the lawsuit alleges, and constitutes an “abusive debt collection activity.”