Midland Credit Management Notation on Envelope FDCPA Ohio Class Action

This class action brings suit against Midland Credit Management, Inc. (MCM) for two features of a collection letter it sent to a consumer. One is the embossing of the words “Important Information Enclosed” and “Attention Requested” on the envelope. The other are two statements in the enclosed letter relating to a settlement offer. According to the complaint, both these items violate the Fair Debt Collection Practices Act (FDCPA).

Plaintiff Kristina M. Angle got a Union Plus Credit Card from Capital One, NA., and acquired debt for personal and household expenses. When she had unforeseen financial difficulties, she was unable to pay the dent. Capital One is believed to have charged off the debt. At sometime after February 13, 2020, it sold the debt.

MCM sent Angle a collection letter dated May 5, 2020. An image in the complaint shows the front of the envelope and a detail of it, showing an embossment of a circle formed by the words “Important Information Enclosed” and, inside that circle, the words, “Attention Requested.”

The complaint claims, “On information and belief, MCM’s research demonstrates that least sophisticated consumers are more likely to open collection letters sent in Important Information Enclosed envelopes than envelopes that do not contain the words ‘Important Information Enclosed’ and ‘Attention Requested.’”

According to the complaint, Angle became “nervous, anxious and worried” at seeing these words on the enveloped and immediately opened it.

The complaint claims the FDCPA forbids debt collectors from “[u]sing any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram….”

The letter contained a line offering to resolve the debt with “Bi-weekly payments as low as $ continuing until paid[.]” Angle found this confusing because no amount was stated. The complaint alleges that MCM uses the term “bi-weekly payments” “to confuse consumers like [Angle] so as to induce consumers like [Angle] to call MCM to obtain clarification.”

The letter also contained the line, “We are not obligated to renew any offers provided[,]” which the complaint says created an urgency in that Angle did not know if future offers of such bi-weekly payments would be offered.

The complaint alleges that these details also violate the FDCPA: “In particular, [t]he phrase ‘[w]e are not obligated to renew any offers provided’ has a tendency to misinform least and unsophisticated consumer [sic] with regard to the urgency of” accepting a proposed offer.

The complaint defines several classes for this action.

The first is all persons with mailing addresses within the Northern District of Ohio who were sent collection letters, between July 7, 2019 and when the unlawful conduct ends, where the underlying debts had originally been owed to Capital One, NA Union Plus Mastercard-brand credit cards and where the envelopes used by MCM were embossed with the words “Important Information Enclosed” and “Attention Requested.”

Other classes are defined within the counts sections of the complaint linked below, on pages 11-19.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Midland Credit Management Notation on Envelope FDCPA Ohio Complaint

July 7, 2020

This class action brings suit against Midland Credit Management, Inc. (MCM) for two features of a collection letter it sent to a consumer. One is the embossing of the words “Important Information Enclosed” and “Attention Requested” on the envelope. The other are two statements in the enclosed letter relating to a settlement offer. According to the complaint, both these items violate the Fair Debt Collection Practices Act (FDCPA).

Midland Credit Management Notation on Envelope FDCPA Ohio Complaint

Case Event History

Midland Credit Management Notation on Envelope FDCPA Ohio Complaint

July 7, 2020

This class action brings suit against Midland Credit Management, Inc. (MCM) for two features of a collection letter it sent to a consumer. One is the embossing of the words “Important Information Enclosed” and “Attention Requested” on the envelope. The other are two statements in the enclosed letter relating to a settlement offer. According to the complaint, both these items violate the Fair Debt Collection Practices Act (FDCPA).

Midland Credit Management Notation on Envelope FDCPA Ohio Complaint
Tags: FDCPA, Misleading or Confusing Debt Collection Letter, Unlawful Debt Collection