A Federal court authorized this website. This is not a solicitation from a lawyer.

The deadline to file a claim was April 14, 2014. The Class Administrator can no longer accept any claims. On October 14, 2014, the Court entered an order approving the settlement. The Court’s decision has been appealed by a group of individuals, and benefits will not be mailed until after all appeals have been resolved. It may take several months for this to occur, so please be patient.

If Midland Credit Management, Inc., Midland Funding, LLC, or Encore Capital Group, Inc., or their affiliates, filed a lawsuit against you, you may benefit from this class action settlement.

Si Midland Credit Management, Inc., Midland Funding, LLC., o Encore Capital Group, Inc., o sus afiliadas hicieron una demanda en su contra, usted podría beneficiarse con este arreglo de demanda colectiva. En el sitio Key Dates/Docs hay disponible una versión de este aviso en español.

The case is titled: Andrea Brent v. Midland Funding, LLC, et al., Case No. 3:11-cv-1332; and related cases:
Martha Vassalle, et al. v. Midland Funding, LLC, et al., Case No. 3:11-cv-0096;
Hope Franklin and Thomas Hyder v. Midland Funding, LLC et al., Case No. 3:10-cv-0091; and
Midland Funding, LLC v. Andrea Brent v. Midland Credit Management, Inc., Case No. 3:08-cv-01434.

Case Summary

In this lawsuit, the Plaintiffs claimed that Defendants violated the law by filing collection lawsuits against Plaintiffs with an affidavit that allegedly contained false information as to the personal knowledge of the affiant. The Court has already ruled that Midland violated the Fair Debt Collection Practices Act ("FDCPA") and an Ohio consumer statute by filing these affidavits. The Court has also entered an injunction against Midland. The Defendants continue to deny that their use of any of their affidavits violated the law.

The Purpose of This Website

This Website is intended (1) to inform you of the lawsuit, (2) to describe the proposed settlement and how you can submit your claim, (3) to notify you of how your legal rights are affected, (4) to let you know of the upcoming fairness hearing, and (5) give you instructions on how to get additional information about the case and the proposed settlement.

Class Member Definition

The Court has decided that everyone falling under the following definition is a Class Member:

All natural persons (a) sued in the name of Midland, (b) between January 1, 2005 and March 11, 2011, (c) in any debt-collection lawsuit in any court, (d) where an affidavit attesting to facts about the underlying debt was used by Midland in connection with the debt-collection lawsuit.

Class Member Options

SUBMIT A CLAIM FORM BY APRIL 14, 2014 If you submit a claim form via mail or online on the
File A Claim page by April 14, 2014, you will remain in the settlement class and you will be entitled to receive a cash payment from the settlement fund. You will be bound by the settlement agreement and any order the Court issues, and you will give up certain legal claims against the defendant.
DO NOTHING BUT STAY IN THE SETTLEMENT By doing nothing you will still be bound by the terms of the settlement agreement and any order the Court issues, and you will give up certain legal claims against the defendant, but you will NOT receive a cash payment.
EXCLUDE YOURSELF BY APRIL 14, 2014 If you notify the Class Administrator that you do not want to be included in the settlement, you will receive no benefits from the settlement, but you will not be giving up any legal claims against the defendant.
OBJECT BY APRIL 14, 2014 Write to the Court about why you do not like the settlement. You may also appear at the fairness hearing.
GO TO A HEARING Ask to speak to the Court about the fairness of the settlement.
HIRE A LAWYER You may seek advice from a lawyer about whether to stay in the settlement, object, or exclude yourself. A lawyer may appear in the case on your behalf.

These rights and options are explained on the Common Questions page.

Additional Information

For more details about the settlement, please review the full Notice located on the Key Dates/Docs page. You may also consult the Common Questions page to answer any general questions you may have about the case. To contact the Class Administrator, use the Contact Us page.

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