Midland Credit suggested suicide...

[Bashful-Nashville]

So I’ve been dealing with Midland credit for an account that is not mine. I’ve sent them everything they’ve asked for - police reports, fraud affidavits - and yet they still continue to try to collect. I recently received a form letter asking again for me to send them more proof. So I picked up the phone, told the guy in India that I wished to speak to someone in the US. He transferred me to an “account manager” who, when giving her a quick back story - I told her that this account does not belong to me and I just want it to go away - she asked me if I had considered suicide as an option, as this is the only way it’s going to go away. I have this recorded on tape. I told her I was recording her at the beginning of the call. Her response was “sure you are. They all are. That’s what they all say.”  I’ve actually since looked this woman up online - I know exactly who she is and where she lives (in Michigan) and now I’m trying to decide exactly how I want to proceed. They are absolutely scum of the earth and I plan to hold them accountable. Do any of you have similar horror stories? I’ve never dealt with anything like this in my life. 

[Goody_Ouchless]

I'm sorry - and she'll probably get in trouble if you have it recorded - but it's been two days of lock down and I needed a laugh. Unreal.

 

[Bashful-Nashville]

? I know, right? But getting her in trouble is the least I’m hoping for. The whole damn place needs to be shuttered. That’s nearly criminal in my opinion! 

[BackFromTheDebt]

At this point, the question is how much is this going to cost them.

It is doubtful anyone will shut down Midland,  

A few aggressive Attorneys General have shut down some scam operations.  Andrew Cuomo, while NY AG, shut down the bulk of the Buffalo boys.  We old timers remember how the NY debt collectors were the scum of the earth.  One of them, Mitchell N. Kay, shut down right before I could sue them.  The MN AG shut down the NAF arbitration scam.  He tried to shut down the Messerli and Kramer Law firm, but unfortunately failed.  I've dealt with them.  They did some illegal things, but the judges didn't seem to care.  

So not much chance you will get Midland shut down, but you can try.

Step 1:  Write a letter, ASAP, saying "I refuse to pay this alleged debt.  You know it isn't mine."  Send that CMRRR.  Save a copy, and save the return receipt.  90+% chance you never hear from them again, but if you do, you have them for more violations.  Yes, they could sue, but with your tape and the account not being yours, they are the one who will likely wind up paying YOU money,.

Step 2:  Arrange for an appointment with a good consumer attorney.  Include all your evidence.  Make a transript of the conversation, and bring it.  Play the part where the woman suggests suicide.  He will probably be quite ready to pounce,

Step 3: After consulting an attorney, it might be a good idea to file complaints with:

3a;  The CFPB

3b. Your state's AG

 

Let us know how this goes, please.

[BV80]

1 hour ago, Bashful-Nashville said:

? I know, right? But getting her in trouble is the least I’m hoping for. The whole damn place needs to be shuttered. That’s nearly criminal in my opinion! 

If you can prove that the account is not yours, you have sent Midland that proof, but they continue to contact you, get a consumer attorney ASAP.

[Bashful-Nashville]

I have so much on them. In a single day, they called me 19 times - on my cell phone - after receiving a certified letter asking them to stop calling me. And continue to do so. I’m in the process of printing out all of my phone bills right now. Thanks for all the advice. I sure need it. This is all new to me. 

[Harry Seaward]

There's no way "Midland" would do this. You've been getting scammed. 

[WhoCares1000]

This almost has to be a scammer. There is no way Midland would do what you are saying, especially with the CFPB watching over them.

If this is Midland, I would contact a consumer attorney by phone. They might not be able to do anything with the COVID-19 issues but as soon as that is done, they will file a nice FDCPA charge and some TCPA charges in court and I am sure Midland will be asking how much to settle. You won't be able to shut them down but at least they will be paying you for this debt that is not yours. If the FDCPA does not stick, look into state harassment charges.

[Bashful-Nashville]

And I can prove it. I had a legit credit card for 6 months, never used it, it was stolen, a charge put on it and I caught it, contacted the creditor and they closed it with a $0 balance - and is on my credit report as stolen with a $0 balance. I never got another one - but there WAS another one that someone got with the only difference being the last 3 numbers. It’s not on my credit report by the original creditor and never has been!! But Midland is reporting it!! 

[Bashful-Nashville]

And if I hadn’t made the call myself - dialed the number MYSELF - I might agree with you. If someone had called ME - I might agree with you! But I called THEM! At the number listed for them on all of this crap they have sent me! The woman was rude AF. She didn’t care at all what she said to me. She was flat out nasty and I was as nice as I could be. I never raised my voice, thanked her very much for the “advice” and told her she’d be hearing from someone soon on my behalf. 

[Goody_Ouchless]

I suppose someone could take a scam to the level of sending fake paper work - pretty clever if they get your credit report and see a Midland entry. Have you contacted Midland through their website? Is the number on the paperwork the same?

 

[Bashful-Nashville]

Yes!! I can look up the account on their website. The number I called was THEIR NUMBER. I don’t know why anyone would think that Midland would be above harassment. They are debt collectors. Are there really any on the up and up?? 

[Harry Seaward]

2 hours ago, Bashful-Nashville said:

I don’t know why anyone would think that Midland would be above harassment.

Because, due to message boards like this one, they got sued so much that it started to cost them more money than the harassment was generating. Also, the CFPB cracked down on them with a hefty fine, and a warning that more would be coming if they didn't clean up their act. 

2 hours ago, Bashful-Nashville said:

Are there really any on the up and up??

There sure are. The vast majority of them, actually.  There is nothing shady or illegal about the debt buying industry in general. Midland is the largest and one of the most up and up of all of them. They buy hundreds of debt portfolios costing them tens of millions of dollars per year. Transactions at that level get a business noticed by several government agencies. Especially so when that business involves consumer finance.  They are being very closely watched.

If what you're saying actually happened, and you had recorded proof, it would be a huge deal.  All you have to do is file your complaint with the CFPB and sit back to watch the fireworks. You'd have to sue them in federal court to get any monetary compensation, but, again, this would be a slam dunk with recorded proof. It could easily be a 6-figure judgment in your favor  

[BackFromTheDebt]

46 minutes ago, Harry Seaward said:

Because, due to message boards like this one, they got sued so much that it started to cost them more money than the harassment was generating. Also, the CFPB cracked down on them with a hefty fine, and a warning that more would be coming if they didn't clean up their act. 

There sure are. The vast majority of them, actually.  There is nothing shady or illegal about the debt buying industry in general. Midland is the largest and one of the most up and up of all of them. They buy hundreds of debt portfolios costing them tens of millions of dollars per year. Transactions at that level get a business noticed by several government agencies. Especially so when that business involves consumer finance.  They are being very closely watched.

If what you're saying actually happened, and you had recorded proof, it would be a huge deal.  All you have to do is file your complaint with the CFPB and sit back to watch the fireworks. You'd have to sue them in federal court to get any monetary compensation, but, again, this would be a slam dunk with recorded proof. It could easily be a 6-figure judgment in your favor  

This is why I suggested taking this to an attorney. 
 

I have no idea if you could get six figures.  I am skeptical.  However, you could do a great deal of damage to Midland.  
 

Here is the thing.  Federal regulators don’t mess around.  I have consulted  for companies where software errors led to regulators getting involved, because it meant the company was systematically violating regulations. One company wound up with a fine of over $10 million.  Another company ate a loss of over $100 million in debt forgiveness  because that was cheaper than whatever fine the regulators would throw on if they didn’t eat the loss.  Another company I consulted for was fined $1 billion, but that was for a truly spectacular mistake that cost lives and was on the front pages of newspapers for a long time.  
 

Midland has regulators breathing down their necks already.  This could lead to a large fine. Or they could throw the employee under the bus, fire her, pay a small fine and a small payout to you   

 

My guess is you are looking at low five figures personally, unless this actually gets to a jury trial when it could potentially be much higher.  But that could take years, and the judge could throw out a large verdict, etc.  

I don’t have a clue what Midland will wind up paying you.  It is possible you could cause them some significant damage   
 

So get a lawyer and get the opinion of someone who actually knows what the tape says. Random people on the internet can’t help you out any more   Get a pro and pounce   

 

[Harry Seaward]

2 hours ago, BackFromTheDebt said:

I have no idea if you could get six figures.

If this is for real, there's no doubt in my mind a jury would award a decently litigated case 6 figures. Juries have awarded 7 figures on FDCPA violations.

 

[BackFromTheDebt]

6 hours ago, Harry Seaward said:

If this is for real, there's no doubt in my mind a jury would award a decently litigated case 6 figures. Juries have awarded 7 figures on FDCPA violations.

 

You may be correct, if it ever gets to trial.  Or maybe not.  Maybe less.  I have no doubt the CFPB night slap Midland hard as well.  

Thing is, neither of us have heard the recording, so we are just making completely wild guesses.    

At this point the OP needs to find a good lawyer.  
 

A good lawyer would listen to the recoding, get all the evidence the OP has, and make a somewhat more educated guess— only a guess because juries are unpredictable— as to what this case is worth. 
 

And the particular location matters quite a bit.  The case would be worth far more in the Bronx, NY than in Enid, OK for example.  
 

I agree this could be a decent payout.  I just don’t think counting unhatched chickens is productive.  
 

Whether you or I are correct doesn’t really matter.  Both of us agree as to the OP’s next step.  Find a lawyer and push this. 

[Harry Seaward]

2 hours ago, BackFromTheDebt said:

Thing is, neither of us have heard the recording, so we are just making completely wild guesses.

.... which is why i said "if what you're saying actually happened". Again, if OP is telling the truth about everything, this is worth 6 figures. 

There's no need to keep debating this. OP knows if he/she is telling the truth, and knows what to do in either case. 

[Bashful-Nashville]

I swear to you, I’m telling the truth.  It honestly embarrassed me at first. I don’t know why - I guess it was the fact that a complete stranger would think that I’m nobody and speak to me that way.  And then I got pissed!! The more I listened to it, the madder I got. I don’t do Facebook. I’m a pretty private person and drama isn’t really my thing.  But I had my brother-in-law look her up to see if she is a real person, using her real name - and yep. She is. Lives in Michigan. Has 11 friends. Looks pretty rough - my idea of a stereotypical debt collector who would just be a really hateful person.  Thing is - Midland may be on an upswing - and as a company I agree that they probably wouldn’t condone this. But they are responsible for their employees. And nobody will ever convince me that there aren’t super trashy people working for them. And this woman definitely is. 

[BackFromTheDebt]

1 hour ago, Bashful-Nashville said:

I swear to you, I’m telling the truth.  It honestly embarrassed me at first. I don’t know why - I guess it was the fact that a complete stranger would think that I’m nobody and speak to me that way.  And then I got pissed!! The more I listened to it, the madder I got. I don’t do Facebook. I’m a pretty private person and drama isn’t really my thing.  But I had my brother-in-law look her up to see if she is a real person, using her real name - and yep. She is. Lives in Michigan. Has 11 friends. Looks pretty rough - my idea of a stereotypical debt collector who would just be a really hateful person.  Thing is - Midland may be on an upswing - and as a company I agree that they probably wouldn’t condone this. But they are responsible for their employees. And nobody will ever convince me that there aren’t super trashy people working for them. And this woman definitely is. 

@Harry Seaward and I don’t disagree on strategy. 
 

He is more optimistic, I am more cautious in my predictions.  That is all.  But even if my pessimism is correct, you are still looking at a payout. 
 

You know what to do.  
 

Do it. 
 

I honestly hope Harry is right and I am wrong. 
 

There is one way to find out.  Sue the b@statds.  See if you get the medium payout I predict or the large payout Harry predicts.  
 

Sue them not just for yourself, but to stop this unconscionable abuse.  Sue them for those who are intimidated. 

[Bashful-Nashville]

So now I have an appointment with an attorney on Tuesday. I plan to spend the rest of the weekend getting all of my paperwork in order. Because it’s more than just what she said. It’s all of it. The constant phone calls. Ignoring every letter I’ve sent. Basically tormenting me. I’ll take their money. Gladly. But given the choice of a huge payout for me or shutting them down - which I know would never happen - but given the choice - I’d shut them down. Because I can’t imagine what something like that could do to a person who already felt hopeless and helpless. At the end of the day - this is just a shitty person with a shitty job who feels shitty about herself. I can see that. But the fact that for a split second, she made me feel like ****... and well, that’s just... shitty. ?

[BackFromTheDebt]

6 hours ago, Bashful-Nashville said:

So now I have an appointment with an attorney on Tuesday. I plan to spend the rest of the weekend getting all of my paperwork in order. Because it’s more than just what she said. It’s all of it. The constant phone calls. Ignoring every letter I’ve sent. Basically tormenting me. I’ll take their money. Gladly. But given the choice of a huge payout for me or shutting them down - which I know would never happen - but given the choice - I’d shut them down. Because I can’t imagine what something like that could do to a person who already felt hopeless and helpless. At the end of the day - this is just a shitty person with a shitty job who feels shitty about herself. I can see that. But the fact that for a split second, she made me feel like ****... and well, that’s just... shitty. ?

Please keep us updated. This could be a very long process, but we want to know.  

[Harry Seaward]

6 hours ago, Bashful-Nashville said:

The constant phone calls. Ignoring every letter I’ve sent. Basically tormenting me.

This is the part that doesn't fit for me.  The one 'manager' you spoke to could be explained on an individual level, but if you're not doing anything to provoke/manipulate any of this, how do you account for the fact that calls are made from an offshore call center by randomly assigned phone jockeys?  And letters are processed by a team of people that do nothing but process letters from consumers? It's almost a 100% certainty that the manager you spoke with has never talked to any of the other people that have called you, or any of the people that received your letters.  If it was one phone call and one letter, I could even say you're possibly that lucky, but you're saying multiple phone calls and multiple ignored letters.  It would have to be a rampant problem within the entire organization to fit your description of events, and we're not seeing data to support that.

[Goody_Ouchless]

What is the cause of action that is going to lead to a payout - that "least sophisticated consumer" would take what she said literally and decide that the only way out of this debt was to "take the pipe?" Basically misrepresenting the nature of the debt? Hell of a lottery ticket if it works!

 

 

[Harry Seaward]

42 minutes ago, Goody_Ouchless said:

that "least sophisticated consumer" would take what she said literally and decide that the only way out of this debt was to "take the pipe?"

It would be the emotional discomfort intended to be caused by the comments.  It's the worst kind of violation.

[Clydesmom]

35 minutes ago, Harry Seaward said:

It would be the emotional discomfort intended to be caused by the comments.  It's the worst kind of violation.

The maximum remedy for an FDCPA violation is $1000.  If there are multiple violations related to the same account they would be grouped together as one violation.

Unfortunately in court the intention is not what supports punitive damages.  If the OP wants to recover on the intentional infliction of emotional distress they would have to show clear and convincing evidence via medical records for physical and emotional treatment for the damage(s) caused by the manager's statement.  Especially at the Federal level of the court system.  The Plaintiff in a case like this cannot just say that emotional distress was caused.  The burden of proof is on them.  Not to mention by his own admission he felt bad for "a split second" which will not rise to the level of a guaranteed six figure pay out.

Another problem the OP is facing is what Federal Circuit they are in.  TN is beyond creditor friendly.  I do not know the tenor of the circuit but if it is anything like the one I am in the judges are loathe to make large awards to consumers in cases like this.  

My prediction is that it never sees a trial.  The violation is clear.  A good NACA attorney can get the payout to five figures (my guess is around $50k and most of that would be for the frustrations in dealing with them via multiple letters not one stupid remark) by leveling the threat that a NDA would keep the CFPB and other regulatory agencies from coming down on them separately if a verdict is rendered combined with the risk that a jury trial could go rogue and award a lot of money that would be expensive to fight on appeal.  A guaranteed six figure payout for a dumbass statement and a split second of emotional distress?  I doubt it.