Author Topic: Just received an E-mail from Midland (MCM)  (Read 175 times)

0 Members and 1 Guest are viewing this topic.

muddywater

  • Valued Member
  • Posts: 24
Just received an E-mail from Midland (MCM)
« on: May 18, 2017 06:41:13 PM »
So I just got this E-mail from MCM today,  back in July of 2016 they sent a dunning letter......I sent back a DV CMRRR. I clearly stated to contact through US Mail only. They sent me A copy of my statement as proof of Debt..............But the question is does this email that says at the top "are you so and so, if not do not read this email, if you do read this email then you confirm you are so and so, it gives account numbers, amounts, names and payment options and so forth, says they are the owner of the account blah blah. Is this a FDCPA Violation or not.....?
Stand by for heavy rolls as the ship comes about.

Bruno the JDB Killer

  • Valued Member
  • Posts: 13760
Re: Just received an E-mail from Midland (MCM)
« Reply #1 on: May 18, 2017 06:53:00 PM »
Probably not. How did they get your email? Did you give it to them? The FDCPA makes no provision for how they can contact you, only if they can contact you or not. There was no email when the statute was written, although most courts agree that email is a communication the same as regular mail.

You can't ask for validation and at the same time tell them they cannot contact you. No judge is going to go for this one IMHO. They are tired of frivolous, technical violations people expect to cash in on.


CHRISTOPHER CERESKO
Plaintiff-Appellant,
v.
LVNV FUNDING and
GURSTEL, STALOCH & CHARGO, P.A.
Defendants-Appellees
On Appeal from
United States District Court
District of Arizona
The Honorable Edward C. Voss

"Rather, the inescapable inference is that the judicially developed
standards have enabled a class of professional plaintiffs ....
It is interesting to contemplate the genesis of these suits.
The hypothetical Mr. Least Sophisticated Consumer
("LSC") makes a $ 400 purchase. His debt remains
unpaid and undisputed. He eventually receives a
collection letter requesting payment of the debt which he
rightfully owes. Mr. LSC, upon receiving a debt
collection letter that contains some minute variation from
the statute's requirements, immediately exclaims "This
clearly runs afoul of the FDCPA!" and-rather than simply
pay what he owes-repairs to his lawyer's office to
vindicate a perceived "wrong." "[T]here comes a point
where this Court should not be ignorant as judges of what
we know as men." Watts v. State of Ind.. 338 U.S. 49, 52,
69 S.Ct. 1347, 1349,93 L.Ed. 1801 (1949).
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

muddywater

  • Valued Member
  • Posts: 24
Re: Just received an E-mail from Midland (MCM)
« Reply #2 on: May 18, 2017 06:59:04 PM »
"How did they get your email? Did you give it to them?"

I never gave it to them, although the OC had it on file..... I asked for contact thru Mail only, not no contact at all.... but Thank you, I was not going to jump on it....was just surprised at the e-mail..... But you are right that mail is mail.
Stand by for heavy rolls as the ship comes about.

Bruno the JDB Killer

  • Valued Member
  • Posts: 13760
Re: Just received an E-mail from Midland (MCM)
« Reply #3 on: May 18, 2017 07:09:21 PM »
If you gave it to the OC, you gave it to Midland.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

CleaningUp

  • Valued Member
  • Posts: 9953
Re: Just received an E-mail from Midland (MCM)
« Reply #4 on: May 18, 2017 11:42:05 PM »
What you ask for and what the law requires, muddyH2O, are different subjects.

The statement that they sent you more than qualifies as verification and validation under the law.


muddywater

  • Valued Member
  • Posts: 24
Re: Just received an E-mail from Midland (MCM)
« Reply #5 on: May 19, 2017 12:39:46 AM »
What you ask for and what the law requires, muddyH2O, are different subjects.

The statement that they sent you more than qualifies as verification and validation under the law.

I know the statement qualifies as proof............My question was on the E-mail itself.......and it has been answered thank you.
Stand by for heavy rolls as the ship comes about.

CleaningUp

  • Valued Member
  • Posts: 9953
Re: Just received an E-mail from Midland (MCM)
« Reply #6 on: May 19, 2017 01:56:39 AM »
The comment on verification and validation had to do with their satisfying the requirements to resume collections.

The FDCPA is clear that the limitation for is for calling, not for contact.  Now, if you wanted to raise the ante to a full cease and desist, you may have a case.  But it is going to have to be one of the FOAD variety, and they get one final contact to tell you how they are going to proceed if they choose to make contact.

muddywater

  • Valued Member
  • Posts: 24
Re: Just received an E-mail from Midland (MCM)
« Reply #7 on: May 19, 2017 09:11:53 AM »
The comment on verification and validation had to do with their satisfying the requirements to resume collections.

The FDCPA is clear that the limitation for is for calling, not for contact.  Now, if you wanted to raise the ante to a full cease and desist, you may have a case.  But it is going to have to be one of the FOAD variety, and they get one final contact to tell you how they are going to proceed if they choose to make contact.

Thank you, I see now what you meant..... The Nuclear option, (FOAD) is nice but I shall wait till SOL.......lol
Stand by for heavy rolls as the ship comes about.