If your Private Information was potentially compromised in a Data Security Incident that took place at Tri Counties Bank on or around February 7, 2023, you could receive Settlement Benefits from a class action Settlement.

What is this Lawsuit about?

In the lawsuit, the Plaintiffs allege that MCM violated California's Fair Debt Buying Practices Act ("CFDBPA"), Civil Code § 1788.52(d)(1) by sending a first written communication that (1) did not provide the true name of the debt buyer, and (2) was printed in less than 12-point type. MCM denies any wrongdoing, and denies that that it violated the CFDBPA or any other law. Both sides have agreed to settle the lawsuit to avoid the cost, delay, and uncertainty of further litigation.

You can read Plaintiff's First Amended Class Action Complaint, the Settlement Agreement, other case documents in the Court Documents section.

How do I know if I am in the Settlement Class?

The Court has certified a Class consisting of all people who meet the following definition:

All persons with addresses in California to whom MIDLAND CREDIT MANAGEMENT, INC., sent, or caused to be sent, an initial written communication in the form of Exhibits "1" and "2" to the First Amended Class Action Complaint for Statutory Damages herein in an attempt to collect a charged-off consumer debt originally owed to Capital One Bank (USA), N.A., which was sold or resold to MIDLAND CREDIT MANAGEMENT, INC, on or after January 1, 2014, which were not returned as undeliverable by the U.S. Post Office during the period one year prior to the date of filing this action through the date of class certification.

What does the Settlement provide?

Class Members who participate in the settlement are entitled to a pro rata share from the Class Recovery ($318,000). The final cash payment will depend on the total number of participating Class Members.

YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT

OPTION #1: DO NOTHING You don't have to do anything to participate in the Settlement and to be eligible for a pro rata share from the Class Recovery. As a participating Class Member, you will give up your right to assert any rights against MCM and the Released Parties arising from the letter sent to you.
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OPTION #2: OBJECT BY APRIL 24, 2026 You may object to the terms of the Settlement Agreement and have your objections heard at the Fairness Hearing.
OPTION #3: OPT OUT BY APRIL 24, 2026 If you wish to exclude yourself from the settlement, you may opt-out of the Settlement Agreement. To opt-out of the settlement, you must mail a written request for exclusion to the Settlement Administrator, or to Class Counsel, postmarked no later than the Opt-Out Deadline. In your request to opt-out, you must include the case name and case number for this action, along with your full name.