MINNEAPOLIS (AP) — A company that buys bad debts has agreed to change its collection practices after the state of Minnesota accused it of filing unreliable court papers and carelessly targeting people for debts they didn’t owe, Attorney General Lori Swanson announced Wednesday.
Midland Funding LLC, one of the largest debt buyers in the country, has filed over 15,000 lawsuits against individuals in Minnesota courts since 2008.
Midland employees admitted in sworn testimony that they signed up to 400 mass-produced affidavits a day either without reading them, without knowing what they contained, and/or without verifying whether they contained accurate information, Swanson’s office said in a statement.
In a lawsuit filed on behalf of the state, Swanson called the practices “robo-signing.”
The company’s lack of verification and reliance on incomplete and/or inaccurate information resulted in many people being sued for debts that they either never owed or paid off long ago, and consumers feeling forced into settlements for much more than the original debts because of growing interest and attorneys’ fees, the lawsuit alleged.
Under a consent judgment signed by Hennepin County District Judge Denise Riley, Midland agreed to verify its information before attempting to collect on debts, to provide full information to people about the debts they allegedly owe, and to give them the chance to dispute illegitimate demands for payment. When it sues debtors, it agreed not to file affidavits with Minnesota courts.
Midland also agreed to pay the state $500,000 and resolve any outstanding and future consumer complaints with the attorney general’s office.
Midland Funding, which has an office in St. Cloud, is a subsidiary of San Diego-based Encore Capital Group Inc. It has paid more than $2.1 billion to buy about 40 million accounts with a face value of about $66.4 billion, or about three cents on the dollar, mostly from banks, credit card companies and cellphone companies that had written off the bad debts, the attorney general’s office said.
The companies issued a statement saying a fresh review by a former federal judge found their current practices are sound. Much of what was agreed to has been in place since 2009 when Midland voluntarily strengthened its processes for generating affidavits, they said.
- Posted December 14, 2012
- Tweet This | Share on Facebook
Settles lawsuit with debt collection company
headlines Detroit
- Lawsuits between prediction markets and states now spans nearly half of U.S.
- Supreme Court reform gathers momentum
- Narrow Mail-in Voting Ruling by Supreme Court Doesn’t Address Constitutionality of Trump’s Executive Order
- ABA joins NASS and to mobilize lawyers as poll workers for midterm elections
- Daily Briefs
headlines National
- Legal writers can benefit from a Zen writing approach and some Hemingway—and so can their readers
- ACLU and BigLaw firm use ‘Orange is the New Black’ in hashtag effort to promote NY jail reform
- Why the next competitive advantage in the AI era is partnership, not just technology
- Things I wish my spouse had told me before they died
- Troutman Pepper Locke associate files discrimination lawsuit against firm
- Jay-Z’s extortion suit against lawyer in withdrawn rape case faces skepticism from judge




