Midland Funding, TN Law Firm Hit with Debt Collection Class Action

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A proposed class action alleging violations of the Fair Debt Collection Practices Act (FDCPA) has been filed in Tennessee district court against law firm Finkelstein, Kern, Steinberg & Cunningham, P.C., and Midland Funding, LLC. The lawsuit alleges the defendants sent the two named plaintiffs collection notices that attempted to charge for “post charge-off fees accrued” despite allegedly having no authority to do so. Under the FDCPA, the lawsuit says, a debt collector is obligated to correctly represent the amount of debt owed and is prohibited “from seeking any amount not authorized by the agreement creating the debt or permitted by law.”

The proposed class covers anyone who resides in Tennessee and received a collection letter from Finkelstein, Kern, Steinberg & Cunningham, P.C., that attempted to collect a debt (or alleged debt) owed to Midland Funding that charged a post charge-off fee that was not authorized.