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OK, I am considering a suit against Midland Credit Mgt for FCRA and FDCPA violations.

A few questions tho:

Can I file in my county or do I have to file where they do business?

I read on these boards that, as a JDB, MCM is exempt from FDCPA... Is that true? Even tho they report on my CR's as 'Collection Account'?


No dunning letter ever from Midland... Found them in August on my CR's listing Aspire Visa as OC (I've NEVER had an Aspire Visa card.)

Sent DV to MCM and dispute letter to CRA's (CMRRR). 30-45 days later (Sept), CRA's 'verify', but no response from MCM.

My DV was the stock letter all newbies hit when they Google and get this site... :oops: But nowhere in it were they told to Cease and Desist communications... There was the 'cease all collections' and 'no telephone contact, only in writing' parts, but nothing about them not contacting me at all.

(btw... Since that letter tends to be the 'Front Door' to this site and yet most acknowledge it's outdated, shouldn't it be revisited? Just my newbie opinion) :roll:

Before the DV 30 days was up, I got two messages on my answering machine and a dunning letter from Firstsource (another CA) listing MCM as the OC, but again, nothing from MCM.

I then sent a DV to Firstsource and a 2nd DV to MCM (CMRRR) - 30 days later (October) no response from either.

Since the CRA's verified, I sent a 623 (CMRRR) to MCM asking for a reinvestigation and the results of such. Tomorrow will be 30 days since they signed for the 623 letter (any bets?) ;) and yet, my latest CR's show Midland's TL 'Last Reported' field as being 'November 2009'.

I haven't sent a MoV to the CRA's... Should I?

Assuming MCM ignores my 623 request, I see them in violation of the following:

1. FDCPA, §809(B): Continued collection attempts while a request by the consumer for validation of debt is in force.

2. FCRA, §623(a) Failure to report the results of an investigation following a direct dispute from the consumer.

3. FCRA, §623(B) Reporting information that cannot be verified.

All I'm really looking for is for the erroneous TL to be removed, but if it takes me plucking at their purse strings to do it, then so be it...

Is this solid enough for a suit?

Any thoughts?

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