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Baye v. Midland Credit Management, Inc.

United States District Court, E.D. Louisiana

August 9, 2017

JOAN BAYE
v.
MIDLAND CREDIT MANAGEMENT, INC., ET AL

         SECTION "F"

          ORDER AND REASONS

          MARTIN L. C. FELDMAN, UNITED STATES DISTRICT JUDGE

         Before the Court is Midland Credit Management, Inc. and Midland Funding, LLC's Federal Rule of Civil Procedure Rule 12(b)(6) motion to dismiss. For the following reasons, the motion is GRANTED.

         Background

         This lawsuit arises out of alleged violations of the Fair Debt Collection Practices Act (FDCPA).

         Joan Baye alleges that Midland Funding and Midland Credit Management (MCM) buy expired debts from creditors and then attempt to collect payments on these expired debts from debtors. Specifically, Baye alleges that MCM and Midland sent her three collection letters on expired debts it purchased from creditors. Baye contends that the letters are in violation of the FDCPA standards. The letters included language to entice a debtor into paying these time-barred, or old, debts. For example, the letters include “offers” for 40% off debt and other payment options. In a letter sent to Baye for an old Target debt, the letter also stated:

Benefits of Paying Your Debt
- Save $1, 366.54 if you pay by 03-05-2017-
-Put this debt behind you -
-No more communication on this account -
-Peace of Mind -

         Importantly, each of the letters Baye received included the following language:

The law limits how long you can be sued on a debt and how long a debt can appear on your credit report. Due to the age of this debt, we will not sue you for it or report payment ...

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