A class-action lawsuit has been filed in the Southern District of Florida because the defendant included an image in the form of a badge that says “Consumer Bill of Rights” but included no other information that “would justify” the use of the image, according to the complaint.
A copy of the complaint in the case of Wade v. Midland Credit Management can be accessed by clicking here.
The letter, a copy of which was attached as an exhibit to the complaint, includes the following statement: “We value your experience and understand that managing debt can be a difficult process! That is why we set our standards for how you are to be treated while working with us. Visit MidlandCredit.com to learn more about our Consumer Bill of Rights or call (877) 382-5930 to experience the difference for yourself.”
Going to MidlandCredit.com, an individual would see the following section near the bottom of the page:
The image that is the source of the issue in the complaint is the same image used on Midland’s website.
Nonetheless, because there is nothing else in the letter that directly refers back to the Consumer Bill of Rights, the plaintiff filed suit, alleging the letter violated Sections 1692e(2)(a), 1692e(9), 1692e(10), and 1692f of the Fair Debt Collection Practices Act, by implying that consumers were in receipt of a bill of rights, by making false representations about the content of the letter, and by making least sophisticated consumers believe that there is content that provides disclosures related to their legal rights when no such disclosures exist.
The plaintiff is seeking to include any individual who received a similar letter from the defendant as part of the class.