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Consumer Law
Consumer Protection
Unlawful Recording or Monitoring of Telephone Calls

Daniel Pepper, on behalf of himself and others similarly situated v. Midland Credit Management Inc., Encore Capital Group Inc., and Does 1 through 20, inclusive

Published: Apr. 6, 2013 | Result Date: Feb. 13, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 37-2011-00088752- CU-BT-CTL Settlement –  $4,500,000

Court

San Diego Superior


Attorneys

Plaintiff

Steven A. Wickman

Patrick N. Keegan
(Keegan & Baker LLP)

Christina E. Wickman

James P. Frantz
(Frantz Law Group APLC)

Philip C. Aman


Defendant

Edward D. Totino
(Baker McKenzie)

William S. Boggs


Facts

Daniel Pepper filed a class action against Midland Credit Management Inc. and Encore Capital Group Inc. involving the defendants' practice of monitoring and/or recording telephone calls made in an effort to collect debt without always giving notice at the beginning of the call that the call may be recorded or monitored.

Result

The defendants denied any liability, and there has been no finding that they have violated any laws. The defendants agreed to settle the lawsuit for debt forgiveness of up to $1,000 to eligible class members, plus $4.5 million in cash consideration.


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