Encore Capital Group Knocked with FDCPA Class Action

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Midland Credit Management, Inc., Midland Funding, LLC and Encore Capital Group, Inc. are the defendants in a class action claiming the debt collectors violated certain provisions of the Fair Debt Collection Practices Act (FDCPA). According to the case, Midland Credit Management collects debts through Midland Funding, a “bad debt buyer” specializing in purchasing large bundles of delinquent consumer debt, with Encore Capital Group acting as the parent company of both entities.

The defendants allegedly broke the law by leaving the plaintiff phone messages in which they did not meaningfully disclose that the call was from a debt collector. This action, the FDCPA outlines, can be viewed as tactic to trick the unsophisticated consumer into calling back and unwittingly providing sensitive information over the phone.