In Suzanne Hill, et al. v. Midland Funding, LLC, et al., No. 1:12-cv-02397-CCB (D.MD. Apr. 16, 2013), Plaintiffs brought a putative class action against Midland Funding LLC (Midland) alleging violations of the Fair Debt Collection Practices Act (FDCPA), the Maryland Consumer Debt Collection Act (MCDCA) and the Maryland Consumer Protection Act (MCPA). In support of their claims, Plaintiffs contend that Midland violated the FDCPA when it filed collection law suits against them listing the address of its parent company, an address at which the stated plaintiff in each lawsuit was ...
In Bandy v. Midland Funding, LLC, No. 12-00491-KD-C, 2013 WL 210730 (S.D. Ala. Jan. 18, 2013), the U.S. District Court for the Southern District of Alabama held that filing a collection lawsuit without first obtaining evidence to prove the claims is not a violation of the Fair Debt Collection Practices Act ("FDCPA"). The Bandy defendant, a debt collection agency, filed suit in state court seeking to collect on a debt allegedly owed by the plaintiff. However, the debt collector's complaint allegedly did not contain any allegations supporting the validity of the debt, but only stated ...