Paul Markoff and Karl Leinberger are representing lead plaintiff Renetrice Pierre in Pierre v. Midland Credit Management, a class action suit with 68,754 members. In this suit, Pierre alleges that MCM violated the Fair Debt Collection Practices Act (FDCPA) through failing to disclose in letters sent to thousands of debtors key information such as:
- Debtors cannot be sued for debt that has passed its statute of limitations.
- Paying or promising to pay even a partial amount of the time-barred debt would reactivate the ability to be sued over it.
Under the FDCPA, third-party debt collection agencies such as Midland Credit Management are prohibited from making deceptive or misleading statements and from attempting to collect time-barred debts without appropriate disclosures.
Your Rights as a Debtor
Owing money does not automatically put you at the mercy of debt collectors. The FDCPA is in place to protect consumers against predatory actions by third-party debt collectors, such as:
- Calling before 8am or after 9pm
- Not properly identifying themselves
- Threatening you with violence, damage to your reputation, imprisonment, or others
- Cashing a post-dated check early
- Posing as someone else, such as a police officer or lawyer
- Harassing you or using abusive language
These are only some of the abusive and misleading tactics you are protected against by law.
If you are contacted by a third-party debt collector and subject to abuse, harassment, or misleading statements, know that you have rights. We recommend keeping records of all phone calls as well as all letters and other documentation if you suspect that your rights are being violated. This documentation will help us establish a case for you.
Schedule Your Free Debt Collection Case Evaluation Today
The experienced attorneys at Markoff Leinberger have years of experience protecting the rights of consumers. Call us at 877-905-5161 to schedule your free consultation today.
We serve clients in Chicago, Illinois and across the United States.