MCM, Midland Funding Hit with TCPA Suit Over ‘Autodialed Calls’

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A proposed class action claims that Midland Credit Management, Inc. (MCM) and Midland Funding, LLC violated the Telephone Consumer Protection Act (TCPA) when they placed calls to a consumer to collect on two alleged debts.

According to the suit, the two debts were purportedly owed by the plaintiff and his father, respectively. The defendants allegedly placed repeated, autodialed calls to the plaintiff’s cell phone without first obtaining his express permission to do so.

Although the plaintiff didn’t answer most of the defendants’ calls, the man picked up a call in April or May 2018 and spoke with an MCM representative, the case says. The plaintiff went on to point out that one of the debts belonged to his father, to which the representative responded that he could not discuss his father’s account, the lawsuit explains.

Notably, the suit says the defendants recently settled a lawsuit citing similar TCPA allegations.

“Despite the settlement, Defendants have apparently not sufficiently changed their practices to cease placing autodialed calls to cellular telephones without consent,” the complaint says, adding that the defendants’ allegedly unlawful conduct was willful.