Welcome to the Pepper v. Midland Credit Management Settlement Website
10/28/2013 UPDATE: The settlement was approved by the Court on
September 9, 2013, however two appeals have been filed. By law, settlement benefits
cannot be paid until the appeal is resolved. It is uncertain how long the resolution
of the case will be delayed due to the appeal. Any news about the disposition of
the case will be posted on the settlement website.
If you received a telephone call from Midland Credit Management, Inc. ("MCM") during
the period from July 13, 2006 through February 18, 2011 while you were in California,
Florida, Maryland, Nevada, New Hampshire, Pennsylvania, or Washington, and were
not told that the call may be monitored or recorded, your rights could be affected
by a class action settlement A settlement has been proposed in a lawsuit called
Daniel Pepper v. Midland Credit Management, Inc., et al., Case Number 37-2011-00088752-CU-BT-CTL,
which is pending in the California Superior Court, County of San Diego
Who is Included? You are a Class Member if during the period from July 13,
2006 through February 18, 2011, you were in California, Florida, Maryland, Nevada,
New Hampshire, Pennsylvania or Washington (the "Covered States"), received one or
more telephone calls from and spoke with a representative of MCM, and were not informed
at the beginning of each call that the call may be monitored or recorded.
What Is The Case About? This class action arose out of allegations that MCM
monitored and/or recorded telephone calls that MCM made in an effort to collect
debt without always giving notification at the beginning of the call that the call
may be monitored or recorded. Defendants have denied and continue to deny any liability,
and there has been no finding that Defendants have violated any laws.
Summary Of The Settlement: Under the Settlement, Class Members who submit
valid and timely Claim Forms and are identified in MCM's records as owing money
to MCM will receive debt forgiveness of up to one thousand dollars ($1,000) of the
money owed by any such Class Member to MCM, with such debt forgiveness being applied
first to any older obligations before being applied to any newer obligations. Defendants
will also pay Four Million Five Hundred Thousand Dollars ($4,500,000) as cash consideration
(together with the debt forgiveness, the "Common Fund"). After paying incentive
award to the class representative (which will not be more than $50,000), certain
administrative expenses (which will not be more than $1 million), and attorneys'
fees and costs that the Court will be asked to approve (which will not be more than
$3 million), the remainder of the cash consideration will be distributed pro-rata
to the Class Members, up to a maximum of one thousand dollars ($1,000) each, who
submit valid and timely Claim Forms and are not identified in MCM's records as owing
money to MCM. Class Members who are identified in MCM's records as owing money to
MCM will not receive any of the cash. Defendants may oppose Class Counsel's attorneys'
How Do I Make a Claim? Please click here
to file a claim.
You may read the Class Notice
here. You may also find other information by visiting the Frequently Asked Questions
page and the Case Documents page located
on this website.
Case Relevant Events
May 28, 2013
May 28, 2013
Intent to Object Deadline
May 28, 2013
July 25, 2013
Final Fairness and Approval Hearing
August 23, 2013