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Strange letter from MCM, how would a cease & desist apply?


Isaiah40:31
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I received a letter from MCM (Midland Credit Management) today. It does not contain the "this is a debt collector..." It simply says it is a privacy notice, and has Q & A on the one page letter. "What kind of information do we collect? How do we use your information? Information security." Something for VA and CA residents. then "For question, write to Privacy Notice..."

Can I still send them a cease & desist, and must they abide by it? I don't want anything to do with this company, and I don't really want them having my information at all, can I tell them not to keep any info on me? I believe they are in violation of the FDCPA for sending me anything without the typical CA notice, correct?

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Midland is doing something similar in Florida but the letters also contain notice of assignment (apparently under the auspices of sending notice of assignment under 559.715.) The privacy notice letters, and nothing more; I can't say for sure. 

 

If I had to guess, I'd say they're doing it an attempt to coerce people to call (for no other reason than to ask about the letter). Once they call, Midland can beat them up for money. They're not doing this by accident. The letters have been held not trigger the 1692g validation requirement; Midland has already been sued on this and have successfully argued that the letters do not violate the FDCPA because they're not sent "in connection with the collection of a debt." A few anti-consumer federal judges have agreed with them, so they've now got a little case law behind them on the issue.

 

The purpose of debt collection letters is to get people to call the debt collector, thus giving the collector a chance to hammer away at the caller. It is possible that Midland thinks they've figured out a way to accomplish that without having to comply with FDCPA. 

 

Finally, if the letter you received contains no account information, you cannot know what account Midland has in-house. If you send a cease communication instruction without identifying an account, they may think they can get away with disregarding it because your letter does not identify an account. 

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I have received these privacy policy notices from other JDBs.   I haven't considered them violations (I could be wrong).  Other types of companies, like banks where I have checking accounts, and even eBay, send these notices out periodically.

 

Their objective doesn't seem to be to collect a debt or to get an alleged debtor to call them.

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Let's have some fun at their expense.  Send them a letter (not via CMRRR since this fun letter has no legal weight) saying that in order to properly preserve your privacy, they must delete all information about you from all computers and backups within 30 days, and undergo an audit to verify that it is all gone.

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Its a privacy notice Folks!!!! every collection agency now sends it. If you dont want your name address or any other personal information marketed to their affiliates (which could be so many) or have them keep it private then you write them a letter at either their email address or postal address stating as such. It takes them 30 to 45 days to comply with it.

If after 45 days you find that your name was marketed by a subsidiary of Midland you have a right to sue them and collect upto $10,000 every privacy violation.

 

 

If after 45 days Midland decides to sue you and you get court papers that display your full social security number on court documents and it is accessible by anyone at the courthouse then if you had filed this privacy notice with them, you will be able to recover upto $10k.

 

It is a violation to have your full social security number displayed on court documents (any attachments, affidavits,bank statements anywhere). That alone is a $10k violation!!! A good lawyer will help you get money back, but he needs to know you have filed the privacy notice to them and have a copy of filing with you!!!!

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Thank You All for responding, I am grateful!! Energizer, do you have a link to a sample letter I might use as a rough example I might send them, and also, are these violations off of the FDCPA, FCRA, or another that I could receive up to $10, 000 for MCM violations?

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Isaiah i would get hold of a good lawyer and point that out and ask him to defend you with it!!!!! .Its called the first threat in legalese which brings up privacy issues and i have done it with Bank of America collection agencies & Capital One collection agencies very successfully. Always used a lawyer though!!!!! so dont have a letter written!!!!! sorry

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I do not have one bit of money for a lawyer. Do you know what law the $10k privacy violations are under??? I'll research. At least I could send them a good privacy note, requesting they remove my info and not share it, then if it comes about, I'll have them on a violation. I couldn't even find an attorney that takes these types of cases in Kansas. Most of them want to be on the other side of this argument, Suing people for under $1000, then trying to get attorney fees and interest.

My problems are a few measly doctor bills, that I'm not even sure they didn't charge more than allowed by my insurance. One company sued me for $600 in Dr. bills. when I had tried to ask the DR's billing why a few blood tests were so much, and if it was more than my insurance would allow, they said they would call me back. I missed their return call a few days later (on Tuesday or Wednesday) they left a message saying that if I could have $200 to them by Friday, they would write the rest off. I couldn't do that in just a couple days, so I just left it alone. They sent it to collections, which used an attorney to sue me. Just got done disputing it on hearsay, haven't received any response.

But I have no earthly idea what MCM would have on me. Any old CCs are way out of statute of limitations (9 years), of which I didn't have much bad CCs to begin with (had three good ones I closed down)... That $600+ was the largest Dr. bill I knew of... I don't even know what MCM would need to have my info for!. I believe the statute of limitations are 4 years on Dr. bills??

Thank you.

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