Class Action Case Claims Midland Funding, Affiliates Failed to Mention Possible Interest, Fees in Collection Letter

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Midland Credit Management, Inc., Midland Funding, LLC, and Encore Capital Group, Inc. have been named as defendants in a proposed class action filed by a New York woman who claims the parties sent her a deceptive debt collection letter. The notice supposedly stated the plaintiff’s “Current Balance,” implying that the amount would be greater on a later date, while failing to mention whether the account was subject to interest or late fees. According to the complaint, the language in the letter could have allowed the plaintiff to reasonably conclude that her account was increasing or, alternatively, that it was no longer subject to added charges – two contradictory interpretations that would leave the woman unsure as to how much she truly owed.