SHARPE v. MIDLAND CREDIT MANAGEMENT et al

Filing 21

MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE JAN E. DUBOIS ON 9/1/17. 9/5/17 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED ST ATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SHIRLEY D. SHARPE,
And all others similarly situated

CIVIL ACTION

Plaintiff,
v.

NO. 16-6256

MIDLAND CREDIT MANAGEMENT and
MIDLAND FUNDING, LLC,
Defendants.
DuBois, J.

September 1, 2017
MEMORANDUM

I.

INTRODUCTION

Shirley D. Sharpe brought this putative class action on behalf of herself and others
similarly situated seeking damages that arise from debt-collection letters mailed by defendants to
Sharpe and others that allegedly violated provisions of the Fair Debt Collection Practices Act
("FDCPA"), 15 U.S.C. § 1692 et seq. Presently before the Court is defendants' Motion for
Judgment on the Pleadings. For the reasons that follow, the defendants' motion is denied.
II.

BACKGROUND

Plaintiff initiated the instant suit on December 1, 2016, asserting a single claim
under the FDCP A, against defendants Midland Credit Management ("MCM") and Midland
Funding, LLC ("Midland Funding). The facts of this case as set forth in plaintiffs Complaint
are as follows.
Midland Funding purchased consumer debt from Capital One Bank (U.S.A.) N.A.
("Capital One") and engaged MCM to collect the debts, including debt owed by plaintiff. See
Compl. 'if 'if 12, 14. On December 2, 2015, defendant MCM sent plaintiff a one-page,
1

double-sided letter ("the Letter") demanding payment of the alleged debt. Compl.

~

14.

Plaintiff contends that the Letter "bur[ies] or obscure[s]" the statutorily mandated Validation
Notice, which informs a consumer of the right to dispute a debt and requires a debt collector to
cease collection of that debt pending validation. See Compl.

~

17-18. The Letter is attached as

Exhibit A.
The Letter references the debtor's rights vis-a-vis the debt collector in two places on the
front page. First, text in the middle of the front page of the Letter provides: "P.S. These payment
opportunities do not alter or amend your validation rights as described on the reverse side." That
text is located below two text boxes containing bold and enlarged text that discloses possible
payment options. Those parts of the Letter are reproduced below.
Nex.tStep11;, .. You Choose.

I 0 e.1
1• Resolve the account and· ?<l'l (lnl)I' $6:00;941
: P•uOn .• 11'/lth th~ n~tton, SAVE $BELT7 ifyOtJ,p!'~.b>'. OM6-2016.
' 0 t · . rii. Sot up u p~ymo11t pt~n· tho.t works for you.

'

•

P .ton "'• Call (!!55) 977-1 B69 and spaal< 10 a protessionalAoccunt Menag!lr to set u? a plan.

Haw; a gr; at day aNJ we rook forward to hearing lrom you!

s1noore1v,

dt-tJL

Christi Weber, DMslon Mana!;er

P. s. These paymen1 opportun ties do not alter a" emend yotJr•vali:!atlo.i rtghls as (les.crlbed on tne reverse !>!de.
This account rtay stiU be :reported on ywr Gt1Jdit r~pot:t M unpaid.
We will not repJrt your debt to the credit bureaus If you set up a payment plem, maken1 pa)'tnern•b)' 03·02,201 E> end

1f!l<:liuo <1!1 V"'Ylll~Hl:8 lits "!:11't>t:1d.

I
The debtor's rights are referenced again at the bottom of the page in text printed between
two large blue boxes. One box, labeled "Account at a Glance," in bold blue type-face, contains
information including the debtor's current balance, possible consumer discounts, and the
discount offer expiration date. The other box is titled "Payment Certificate" in white text offset
by the blue background and contains instructions for payment. In between those two boxes the

2

debtor is instructed to "PLEASE SEE REVERSE SIDE FOR IMPORTANT DISCLOSURE
INFORMATION." Those parts of the Letter are reproduced below.

At the top of the reverse side, the Letter reads: "Important Disclosure Information" in
bold type-face. The debtor is then met with the two text boxes described hereinafter. The first
informs the debtor that the communication is from a debt collector. The text box instructs the
debtor in bold, capital letters: "PLEASE SEE REVERSE SIDE FOR IMPORTANT
DISCLOSURE INFORMATION," referring the reader to the front of the Letter. Below the box
instructing the debtor to return to the front page are several paragraphs in ordinary typeface,
including, beginning in the fourth paragraph, the validation notice. Those parts of the Letter are
reproduced below.

3

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u1J1c1oa\.8iil 1morm•uoo;

Pleee und~tand:tllJs 11 a communlclillon:-trom a.•~~il~tli>'r;
!hill :1a .an
Any·lnformatl$ln(jbtalnatl ~Ill,~. U•!i~t~<!t1tta~~\!~~'··· .: . . ~
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Pt.~ESEE~i;\IE~SE Sltlf. F?R IM~(ll~ANT DISC'LOSUR~E-~-=·
:,...·..,__RM_~~·:tr_o_fi__...~-~.....-

Calls to an.diet from tilts company mti!Y be monlii>red ~t neorded.
The -ecords associated With the

C<!Pi~! One Bani{ (US,11,), N.A. eceo1.1111t pure1asad by MIOL4NO ~NDING LLC, reflect ttm1

you artt obiig,.\~d o.n~~~~~i!'h a In dokluli.

As the e1vmer o,r lhi• ~\X;(.>1.fflt; 6~~d to thii rlghto dcO<ltfbod boiow, MiOl:AN;:I FUNOIN~ LLC Is entlllMI to payment
this ll()CO~nt. At communicatloo reg!irdi09 this accoul'lt sho.l:Jld be addres8E1d 10:Mcl'iit ard not the prevlQus owner.

Unless you notify MCM !Nithin thirty (3C) days after re::ieN:lng this notice !hat you dispu't& the validity of the

porlbn 111<1reol, MCM wilt ccc.umo We debt to b4 v;lld.

debt, or

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11you1>otl'f MCM, in wtltng. w1tliin llilny (M) d"ys after, receMng lhls nolit:e that ti1e debt, or any portion thereof; Is disputed
obtain verl!icatlori of the debt or a oopy of a judgms;t {If there ls a )udgmant) and MCM will mall you a eopy of suet

MCM will

vorilicnli<ll'I or JU~grnllnt.

lfyr:>t• r~'l""..t· in Wlltlng, within thirty {3'0) days aft~r recelvlll'~ this notice,
of th~ original creditor.

MCM will provide you with 11\e r'lsme end &tdre£!

lf an attorney re11rosents Y(). u wilh regard to this deb.tLJ:lle.!!!Se re.~er1tlis 1ette·rt·o yo. ur aw:imey. L. 111ewlse111 you are t.1. volwd in
:115'1lharged:Jfi a bal11¢1.!plb( case, pi!\'<tSe.refer'1hls 1etierto yor;r
ban~,ruptcy !!!tlomeyso lhal w" nu•y l>l\O n'1tllleil. · ·
·
·· ·
·°"; · • ... · • . .. · . · · . ., ·

----ana!!t~·?;ij:nl<iliptcy·~:"oTlftl\ls·l'letft'ttall·l>eet'I

n•cnan'l~or, even it you make e paymA"tt will\in'thlrty (30):days ~r, reeeMrng j!iis noiice, \"CU .stJn naqe. the remalnde.·
oftha thirty (3G) days to exer<:lse th3 rights descrlbed·aboVe.

Please

You are hereb1 rnotllied tiat a negative :::redit report retectlng on your cred~ rsrord may bile submmeci 10 a ete~it
"0"""Y lf you fall to m~ tEm'IS l)f your credit olll~atrons,

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After receiving the Letter, plaintiff commenced this lawsuit on behalf of herself and
others who have received similar letters from defendants. Plaintiff alleges that the Letter violates
15 U.S.C. § 1692g because it "bur[ies] or obscure[s] the important Section 1692g Validation
Notice to impede a consumer from learning their rights to seek validation." Compl. ~ 18.

III.

Applicable Law

A. Fed. R. Civ. P. 12(c)
A motion for judgment on the pleadings under Fed. R. Civ. P. 12(c) is analyzed under
the same standard as a motion to dismiss under Fed. R. Civ. P. 12(b)(6). See Shelly v. Johns-

Manville Corp., 798 F.2d 93, 97 n 4 (3d Cir. 1986); Regalbuto v. City of Phila., 937 F.Supp. 372,
376 (E.D.Pa. 1995), aff'd 91 F.3d 125 (3d Cir. 1996). In deciding a Rule 12(c) motion, "the
court considers the pleadings and attached exhibits, undisputedly authentic documents attached
to the motion for judgment on the pleadings if plaintiffs' claims are based on the documents, and
matters of public record." Atiyeh v. National Fire Ins. Co. of Hartford, 742 F.Supp.2d 591, 595
(E.D. Pa. 2010). A motion for judgment on the pleadings will only be granted if "the plaintiffs

4

would not be entitled to relief under any set of facts that could be proved." Green v. Fund Asset

Mgmt., L.P., 245 F.3d 214, 220 (3d Cir. 2001). In determining whether a plaintiff has stated a
claim for relief, the court must view the facts and inferences to be drawn from the pleadings in
the light most favorable to the non-moving party. Id.
A motion for judgment on the pleadings, like a motion to dismiss, tests the legal
sufficiency of a claim in light of the facts pied in the complaint. To survive such a motion, a
complaint must contain "sufficient factual matter, accepted as true, to 'state a claim to relief that
is plausible on its face."' Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Twombly, 550
U.S. at 570). A district court first identifies those factual allegations that constitute nothing more
than "legal conclusions" or "naked assertions." Twombly, 550 U.S. at 555, 557. Such
allegations are "not entitled to the assumption of truth" and must be disregarded. Iqbal, 556 U.S.
at 679. Then the court evaluates all "well-pleaded, nonconclusory factual allegation[s]" to
determine whether the plaintiff has stated a plausible claim for relief. Id.
B. Fair Debt Collection Practices Act
Congress enacted the Fair Debt Collection Practices Act ("FDCPA") to give consumers a
private cause of action against debt collectors as protection from "abusive" and "unfair" debt
collection practices that "contribute to the number of personal bankruptcies, marital instability, to
the loss of jobs, and to invasions of individual privacy." 15 U.S.C. § 1692(a). Because the
FDCP A is a remedial statute, the Court must broadly construe its provisions to give full effect to
its legislative purpose. See Caprio v. Healthcare Recovery Group, LLC, 709 F.3d 142, 148 (3d
Cir. 2013).

5

To that end, Congress requires that debt collectors provide consumers with adequate
notice of their rights under the FDCPA. See id. Section 1692g(a) provides that a debt collector
must inform the debtor of:
(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice,
disputes the validity of the debt, or any portion thereof, the debt will be assumed to be
valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector within the thirty-day period
that the debt, or any portion thereof, is disputed, the debt collector will obtain
verification of the debt or a copy of a judgment against the consumer and a copy of
such verification or judgment will be mailed to the consumer by the debt collector;
and
(5) a statement that, upon the consumer's written request within the thirty-day period, the
debt collector will provide the consumer with the name and address of the original
creditor, if different from the current creditor.
15 U.S.C. § 1692g(a). The validation notice is contained in paragraphs 3 through 5 of
§ 1692g(a). See id. at 147 (citing§ 1692g(a)). If a debtor exercises her validation rights,
§ 1692g(b) obligates a debt collector to "cease all collection efforts" until the debt collector has
verified the debt. See id. (quoting§ 1692g(b)).
The Court must analyze the validation notice from the perspective of the "least
sophisticated debtor." Brown v. Card Service Center, 464 F.3d 450, 453 (3d Cir. 2006). "[T]he
basic purpose of the least-sophisticated consumer standard is to ensure that the FDCP A protects
all consumers, the gullible as well as the shrewd." Id. (quoting Cloman v. Jackson, 988 F.2d
1314, 1318 (2d Cir. 1993)). The United States Court of Appeals for the Third Circuit recognizes
that the least sophisticated debtor is easily mislead or deceived and thus a court must do more
than "simply examin[ e] whether particular language would deceive or mislead a reasonable

6

debtor." Id. Still, even the least sophisticated debtor must read the debt collection notice in its
entirety. Id.
To challenge a validation notice, the plaintiff must show that "(1) the form of the debt
collection letter 'overshadows' the validation notice; or" (2) "the substance of the debt collection
letter 'contradicts' the validation notice." See Jewsevskyj v. Financial Recovery Services, Inc.,
2016 WL 6162728 at *4 (E.D. Pa. 2016). Whether the language in a debt collection letter
overshadows or contradicts a validation notice is a question of law. See Wilson v. Quadramed

Corp., 225 F.3d 350, 353 n.2 (3d Cir. 2000). Although a debt collector need not quote the
statute verbatim to satisfy its requirements, see e.g., Dutterer v. Thomas Kalperis Int'!, Inc., 767
F.Supp.2d 504, 508 (E.D. Pa. 2011), "more is required than the mere inclusion of the statutory
debt validation notice." See Wilson, 225 F.3d at 354. For example, the'validation notice must
be both sufficiently large and sufficiently prominent. See Jewsevskyj, 2016 WL 6162728 at *4.
Significantly, other text in the debt collection letter must not overshadow the validation notice.
"Screaming headlines, bright colors, and huge lettering" of other text, compared to ordinary
typeface of a validation notice, points to "a deliberate policy of evading the spirit of the FDCP A
and misleading the debtor into disregarding the validation notice." Caprio, 709 F.3d at 154. The
United States Court of Appeals for the Third Circuit has also concluded that "the juxtaposition of
two inconsistent statements ... render[s] the statutory notice invalid under section 1692g."

Graziano v. Harrison, 950 F .2d 107, 111 (3d Cir. 1991 ).

C. ANALYSIS
In analyzing the validation notice from the perspective of the least sophisticated debtor,
the Court finds that the plaintiff has stated a claim for relief, because the form and substance of
the Letter overshadow and contradict the validation notice.

7

Defendants first argue that the two references on the front of the Letter- "PLEASE SEE
REVERSE SIDE FOR IMPORTANT DISCLOSURE INFORMATION," at the bottom, and "P.S. These
payment opportunities do not alter or amend your validation rights as described on the reverse
side,"-are sufficiently conspicuous to notify even the least sophisticated debtor of the validation
rights located on the back. Defs. Mem. Supp. Mot. for J. on the Pl. at 8-10. Defendants further
contend that because even the least sophisticated debtor is obligated to read the entire collection
notice, plaintiff cannot base an FDCP A claim on her own "willful ignorance" of the validation
notice. Id. at 13. Finally, defendants argue that the validation notice contained in the Letter
would have been compliant with the requirements of the FDCPA even absent instructions on the
front of the letter directing the debtor to the validation notice, because the notice is neither
deceptive nor misleading. See id. at 15. For the reasons that follow, the Court finds these
arguments unpersuasive.
While it is true that a validation notice is not rendered illegal simply because it is located
on the reverse side of a debt collection letter, the United States Court of Appeals for the Third
Circuit has never hyld that the mere inclusion of the statutory language is sufficient to comply
with the requirements of the FDCPA. See Wilson, 225 F.3d at 353 ("the required notice must
also be conveyed effectively to the debtor"). Moreover, in the cases that defendants cite, the
required disclosures located on the back page of a debt collection letter were significantly more
prominent than the validation notice at issue in this case. See Defs. Mem. Supp. Mot. for J. on
the Pl. at 10. In Hoover v. Midland Credit Management, 2012 WL 1080117 (E.D. Pa. 2012), for
example, the District Court found that even the least sophisticated debtor instructed to "PLEASE
SEE REVERSE SIDE FOR IMPORTANT INFORMATION" "could not have missed the only text that
appears" on the reverse side of the letter, which contained disclosure information required by

8

Section 1692e(l 1). Id. at *7. Similarly, the District Court held that the validation notice at issue
in Hawke v. EOS CCA, 2014 WL 948059 (E.D. Pa. 2014), did not violate the FDCPA where the
front page of the letter instructed the debtor to "PLEASE SEE REVERSE SIDE FOR IMPORTANT
INFORMATION" and the reverse side of the letter contained the validation notice at the top of the
page below a bold title reading "FEDERAL LA w." Id. at * 1-*2 .
In this case, however, the validation notice is far from conspicuous. The validation notice
begins on the reverse side of the Letter four paragraphs below a text box with bold instructions to
return to the front page of the letter. The text is not set apart in any way-there is no title, no
bold lettering, and no underlined information- from other text in the Letter. This is true despite
the fact that other seemingly less important and not statutorily required information is made more
prominent through the use of bold and underlined typeface.
Defendants acknowledge that courts have found collection letters in violation of the
FDCPA, but rely on Harlan v. Transworld Systems, Inc., 2014 WL 1414508 (E.D. Pa. 2014) and

Caprio, 709 F.3d 142, to argue that a validation notice is overshadowed only if it is explicitly
contradicted by other language or images in the collection letter. See Defs. Mem. Supp. Mot. for
J. on the Pl. at 11-13. The Court rejects that argument.
In Harlan, the defendant characterized plaintiffs "entire claim [as] predicated on the

format" of the validation notice. 2014 WL 1414508 at *3 (emphasis in original). Although the
District Court declined to rule on whether "the letter's formatting-the small text of the notice,
its placement on the back, and the relatively small and less (if not in-) conspicuous advisement to
see the reverse side of the letter-alone violates§ 1692g," it concluded that the validation notice
was overshadowed by both the content of the letter and the small, inconspicuous text. 2014 WL
1414508 at *5. Similarly, in Caprio, the Court considered both the physical characteristics and

9

substance of the letter to hold that a debt collection letter violated § 1692g, because prominent
language on the front of the letter instructed the debtor to "please call" to dispute the debt, which
directly conflicted with the validation notice that requires a debtor to submit disputes in writing.
709 F.3d 142 at 151 (noting both the placement of the validation notice on the back of the letter
and that "more attention was then drawn to this deficient alternative because both the words
'please call' and the toll-free number itself were printed in bold .... [whereas] no such bold
print was used ... in the Validation notice.").
In this case, like in Harlan, defendants mischaracterize plaintiffs claim as relying solely
on the placement and format of the validation notice on the reverse side of the Letter and argue
that the placement and format of the notice is not confusing. In doing so, defendants ignore the
Letter's primary source of confusion by failing to address the reverse side of the Letter, which
almost immediately instructs the debtor to "PLEASE SEE REVERSE SIDE FOR IMPORTANT
DISCLOSURE INFORMATION"-in other words, to return to the front page of the Letter. The
instruction on the back of the Letter to return to the front page of the Letter appears directly
below a text box purporting to convey "Important Disclosure Information." The least
sophisticated debtor could reasonably conclude that the relevant disclosure information
referenced on the front page of the Letter was logically contained in the text box below the
words "Important Disclosure Information," which alerted the debtor: "Please understand this is a
communication from a debt collector. This is an attempt to collect a debt. Any information will
be used for that purpose." Alternatively, the least sophisticated debtor, upon reading the
instruction on the back page of the Letter to return to the front page for important disclosure
information, could reasonably return to the front page to find a host of information regarding
credit reporting information and payment options. Thus, while the contradictory information in

10

the Letter is not as explicit as in Caprio, the Letter's confusing and contradictory instructions
with respect to the location of the debtors rights, coupled with the small and inconspicuous text
of the validation notice itself, could make the least sophisticated debtor uncertain as to her rights.
After examining both the physical characteristics and the content of the Letter and the
Complaint, the Court concludes that plaintiff has sufficiently alleged that the validation notice is
overshadowed or contradicted by other text and therefore violates the FDCP A. For the above
reasons, defendants' Motion for Judgment on the Pleadings is denied.
Defendants also argue that because plaintiffs claim fails as a matter of law, the
Complaint must be dismissed as to the proposed class. See Defs. Mem. Supp. Mot. for J. on the
Pl. at 16 -17. Because the Court denies defendants' Motion for Judgment on the Pleadings, the
Complaint will not be dismissed as to the proposed class.

D. CONCLUSION
For the foregoing reasons, defendants' Motion for Judgment on the Pleadings is
denied. An appropriate order follows.

11

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Midland Credit ,
Management/Inc'.

2365 Northslde Drive, Suite300,

SanJ)J~go,

CA 921 DB

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P•r~: Shirley D Sharpe
1122 W Master St
Philadelphia, PA 19122-4114

Current Owner: Midland Funding LLC
Original Creditor: Capital One Bank (USA), N.A.
Original Account Number.
I i3338
MCM Account Number:-6071
Current Balance: $667.72
New Consumer Discount Offer: 10% off balance

1hM111Jl1ll•lll•nlmlfhM•1l1lll•ll11ll•lh•l1l•1l1lh•l11
12-02-2015
Dear Shirley,
Welcome! On 11-18-2015, your Capital One Bank (USA), N.A. account was sold to MIDLAND FUNDING LLC, which
is now the sole owner of this debt. Midland Credit Management, Inc. ('MCM"), a debt collection company, will be
collecting on, and servicing your account, on behalf of MIDLAND FUNDING LLC,
As a new consumer, we'd like to offer you a 10% discount on the balance. Pay $600.94 by 01-16-2016 and save
$66. 77. Read on and take a minute to get to know us.
Your experience with MCM will be different. Period.
What to expect from MCM:
Now that we are servicing the account, we have assigned the account an MCM Account Number, 8568156071. MCM
will reach out to you by phone and mail over the months to come. We also have a website,
www mjdlandcredjtonline com, where you can login using your MCM account number to view account details.
MCM, a partner you can trust.
We value your experience and understand that managing debt can be a difficult process! That Is why we set standards
for how you are to be treated while working with us. Visit www.mjdlandcreditonllne com to learn about our Consumer
Bill of Rights or call [phone] to experience the difference for yourself.
Next Steps •.. You Choose.

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1 . Resolve the account and pay only $600.941
n • With this option, SAVE $66.77 if you pay by 01-16-2016.

Set
for you.,
0 Pt •On 2.• Call up a payment plan that works professional Account Manager to set up a plan.
I
[phone] and speak to a
Have a great day and we look forward

to hearing from you/

Sincerely,

di-tJL

Christi Weber, Division Manager
P.S. These payment opportunities do not alter or amend your validation rights as described on the reverse side.
This account may still be reported on your credit report as unpaid,
We will not report your debt to the credit bureaus if you set up a payment plan, make a payment by 03-02-2016 and
make all payments as agreed.

>

5

We are not obligated to renew this offer. We will report forgiveness of debt as required by IRS regulations. Reporting
is not required every time a debt is canceled or settled, and might not be required in your case.

Hours of Operalion:

M- Th: 5:00am- 9:00pm PST
Fri:
5:00am-4:aopm PST
Sat
5:00am-4:3Dpm PST
Sun: 5:0Dam-9:00pm PST

Call:

[phone]

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Important Disclosure Information:
Please understand this is a communication from a debt collector. This is an altl!.mpftci collect a debt.
Any information obtained will be used for that purpose.
·..•:·
·
PLEASE SEE REVERSE SIDE FOR IMPORTANT DISCLOSURE lt~F.ORMATION
JT~ _,;.
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Calls to and/or from this company may be monitored or recorded.

The recqrds associated with the Capital One Bank (USA), N.A. account purchased by MIDLAND FUNDING LLC, reflect that
you are obligated on this account, which is in default.
As the owner of this account, but subject to the rights described below, MIDLAND Fl,JNDING LLC is entitled to payment of
this account. All communication regarding this account should be addressed to MCM and not the previous owner.
Unless you notify MCM within thirty (30) days after receiving this notice that you dispute the validity of the debt, or any
portion thereof, MGM will assume this debt to be valid.
If you notify MCM, in writing, within thirty (30) days after receiving this notice that the debt, or any portion thereof, Is disputed,
MCM will obtain verification of the debt or a copy of a judgment (if there is a judgment) and MCM will mail you a copy of such
verification or judgment.
If you request, in writing, within thirty (30) days after receiving this notice, MCM will provide you with the name and address
of the original creditor.
If an attorney represents you with regard to this debt, please refer this letter to your attorney. Likewise, if you are involved in
an active bankruptcy case, or if this debt has been discharged in a bankruptcy case, please refer this letter to your
bankruptcy attorney so that we may be notified.
Please remember, even if you make a payment within thirty (30) days after receiving this notice, you still have the remainder
of the thirty (30) days to exercise the rights described above.
You are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting
agency if you fail to fulfill the terms of your credit obligations.
RETAIN THE FOLLOWING ADDRESS INFORMATION FOR YOUR RECORDS·
Communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to
be sent to: 2365 Northside Drive, Suite 300, San Diego, CA 92108; Attn: Consumer Support Services.
MAIL PAYMENTS TO: P.O. Box 60578, Los Angeles, CA 90060-057B
MAIL CORRESPONDENCE BUT NO PAYMENTS TO: 2365 Northside Drive, Suite 300, San Diego, CA 921 OB
MAIL CREDIT REPORTING CORRESPONDENCE TO: MCM CREDIT REPORTING DEPARTMENT, 2365 Northside Drive,
Suite 300, San Diego, CA 921 OB
We are required under state law to notify consumers of the following rights. This list does not contain a complete
list of the rights consumers have under state and federal law:
IF YOU LIVE IN COLORADO, THIS APPLIES TO YOU:
FOR INFORMATION ABOUT THE COLORADO
WWW.COLORADOATIORNEYGENERAL.GOV/CA

FAIR

DEBT

COLLECTION

PRACTICES

ACT,

SEE

A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the
consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any
other action authorized by law to collect the debt.
Midland Credit Management has a Colorado office with the following address and telephone number: Building B, 80 Garden
Center, Suite 3, Broomfield, CO B0020. Telephone number: [phone].
Only physical in-person payments may be accepted at this office location. All payments made via mail should be
sent to the following address: P.O. Bo~ 6057B, Los Angeles, CA 90060-057B
IF YOU LIVE IN MASSACHUSETIS, THIS APPLIES TO YOU:
NOTICE OF IMPORTANT RIGHTS: You have the right to make a written or oral request that telephone calls regarding your
debt not be made to you at your place of employment. Any such oral request will be valid for only ten (10) days unless you
provide written confirmation of the request postmarked or delivered within seven (7) days of such request. You may terminate
this request by writing to Midland Credit Management, Inc.
IF YOU LIVE IN MINNESOTA, THIS APPLIES TO YOU:
This collection agency is licensed by the Minnesota Dept. of Commerce.
IF YOU LIVE IN NEW YORK CITY, THIS APPLIES TO YOU:
New York City Department of Consumer Affairs License Number 1140603, 1207829, 1207B20, 122772B, 2022587, 2023151,
2023152,2027429,2027430,2027431
IF YOU LIVE IN NORTH CAROLINA, THIS APPLIES TO YOU:
North Carolina Department of Insurance Permit #101659, #4182, #4250, #3777, #111B95, and #112039. Midland Credit
Management, Inc. 2365 Northside Drive, Suite 300, San Diego, CA 92108.
IF YOU LIVE IN TENNESSEE, THIS APPLIES TO YOU:
This collection agency is licensed by the Collection Service Board of the Department of Commerce and Insurance.
IF YOU LIVE IN CALIFORNIA, THIS APPLIES TO YOU:
The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except
under unusual circumstances, collectors may not contact you before B a.m. or after 9 p.m. They may not harass you by using
threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you
at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors
may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to
co.Mfirm your location or enforce a judgment. For more information about debt collection activities, you may contact the
Federal Trade Commission at 1-877-FTC-HELP or http://www.ftc.gov.
'Nonprofit credit counseling services may be available in the area."
As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a
credit-reporting agency if you fail to fulfill the terms of your credit obligations.
IF YOU LIVE IN UTAH, THIS APPLIES TO YOU:
As required by Utah law, you are hereby notified that a negative credit report reflecting on your credit record may be
submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.
IF YOU LIVE IN WYOMING, THIS APPLIES TO YOU:
As required by law, you are hereby notified that a negative credit report on your credit record may be submitted to a credit
reporting agency if you fail to fulfill the terms of your credit obligations.

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