Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
6Activity
0 of .
Results for:
No results containing your search query
P. 1
Encore Capital Group (ECPG:NASDAQ) dba Midland Funding LLC, robo-signing false affidavits and engaging in FDCPA violations, attorney ethical violation and unethical business practices after a federal class action injunction prohibits the illegal conduct

Encore Capital Group (ECPG:NASDAQ) dba Midland Funding LLC, robo-signing false affidavits and engaging in FDCPA violations, attorney ethical violation and unethical business practices after a federal class action injunction prohibits the illegal conduct

Ratings: (0)|Views: 554|Likes:
Published by Sheriff_Joe_Arpaio
A detailed narrative of the quasi-criminal sleazy misconduct of the publicly traded billion dollar junk debt purchaser after a federal class action enjoined Encore Capital Group.
A detailed narrative of the quasi-criminal sleazy misconduct of the publicly traded billion dollar junk debt purchaser after a federal class action enjoined Encore Capital Group.

More info:

Published by: Sheriff_Joe_Arpaio on Jul 28, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

04/26/2013

pdf

text

original

 
 1
IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TENNESSEEAT GREENEVILLE ______________________________________________________________________________ RONALD WADDELL ))Plaintiff, ))v. )
Civil Action No. ________________ 
)ENCORE CAPITAL GROUP, INC., )MIDLAND FUNDING, LLC, )MIDLAND CREDIT MANAGEMENT, )
Jury Trial Demanded
 INC., NANCY KOHLS, and )FINKELSTEIN, KERN, STEINBERG )& CUNNINGHAM, ATTORNEYS, ))Defendants. )COMPLAINTJURISDICTION AND VENUE
1.
 
Jurisdiction of this Court arises under 28 U.S.C. § 1331, and pursuant to 15 U.S.C. §1692k(d).2.
 
This action arises out of violations of the Fair Debt Collection Practices Act, 15 U.S.C. §§1692 et seq. (“FDCPA”) by all Defendants, in their illegal efforts to collect consumer debts.3.
 
Venue is proper in this District because the acts and transactions occurred here and Plaintiff resides here.
PARTIES
4.
 
Plaintiff Ronald Waddell (hereinafter referred to as “Plaintiff”) is a natural person whoresides in Greene County, Tennessee and is a “consumer” as defined by 15 U.S.C. §1692a(3).
Case 2:12-cv-00243 Document 1 Filed 06/12/12 Page 1 of 25 PageID #: 1
 
 25.
 
Defendant Encore Capital Group, Inc. (hereinafter “Defendant Encore”) is a “debt collector”as defined by 15 U.S.C. § 1692a(6), and a for-profit corporation organized in Delaware,which has its principal place of business located in San Diego, CA, and maintainsCorporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, DE 19808,as its registered agent for service of process.6.
 
Defendant Midland Funding LLC (hereinafter “Defendant Midland Funding”) is a “debtcollector” as that term is defined by 15 U.S.C. § 1692a(6), and a for-profit limited liabilitycompany organized in Delaware that is a wholly owned subsidiary of Defendant Encore,and that maintains Corporation Service Company, 2711 Centerville Road, Suite 400,Wilmington, DE 19808, as its registered agent for service of process.7.
 
Defendant Midland Credit Management, Inc. (hereinafter “Defendant Midland Credit”) is a“debt collector” as that term is defined by 15 U.S.C. § 1692a(6), a for-profit corporationorganized in Kansas that is a wholly owned subsidiary of Defendant Encore, which has its principal place of business located in San Diego, CA, and maintains Corporation ServiceCompany, 200 S.W. 30
th
Street, Topeka, KS 66611, as its registered agent for service of  process.8.
 
Defendant Nancy Kohls (hereinafter “Defendant Kohls”) is a natural person whom, oninformation and belief, during the time period covered by this Complaint was employed byDefendant Encore as a collection agent, and is a “debt collector” as that term is defined by15 U.S.C. § 1692a(6), and may be served at her business address of 16 McLeland Road,Suite 101, St. Cloud, MN 56303, or her home address.9.
 
Defendant Finkelstein Kern Steinberg & Cunningham (hereinafter “DefendantCunningham”) is a law firm owned solely by Ronald E. Cunningham as a sole proprietor,
Case 2:12-cv-00243 Document 1 Filed 06/12/12 Page 2 of 25 PageID #: 2
 
 3and is a “debt collector” as that term is defined by 15 U.S.C. § 1692a(6), and can beserved at its office address of 1810 Ailor Avenue, Knoxville, TN 37921.
FACTUAL ALLEGATIONS
10.
 
Defendants have alleged that Plaintiff incurred an obligation to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family or household purposes, and is thereforea “debt” as that term is defined by 15 U.S.C. § 1692a(5), namely, a credit card debtallegedly originally owed to or serviced by Chase Bank.11.
 
After default, Plaintiff’s debt was consigned, sold or otherwise transferred to Defendantsfor collection from Plaintiff.
 
12.
 
Defendants Encore, Midland Funding and Midland Credit (hereinafter collectively the“Encore Defendants”) operate as a debt buying and debt collection enterprise. DefendantEncore is not simply a parent holding company, though it owns 100% of the shares andinterests in Defendants Midland Credit and Midland Funding. Instead, all threeDefendants operate as parts of a single business operation. Defendant Encore providesmanagement and decision-making, Defendant Midland Funding exists as an employee-less paper entity that holds title to the enterprise’s purchased debt portfolios andDefendant Midland Credit operates as the front for contact with the targeted debtor-consumers, calling itself the “servicer” of the Encore Defendants’ collection accounts. 13.
 
On its webpage, Defendant Encore explains that, “Encore Capital Group, Inc., through itssubsidiaries (collectively, the “Company”) is a leader in consumer debt buying andrecovery. We purchase portfolios of defaulted consumer receivables at deep discounts toface value and use a variety of operational channels to maximize our collections from
Case 2:12-cv-00243 Document 1 Filed 06/12/12 Page 3 of 25 PageID #: 3

Activity (6)

You've already reviewed this. Edit your review.
1 thousand reads
1 hundred reads
Ren liked this
Ren liked this
dbush2778 liked this
Jillian Sheridan liked this

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->