Legal Opinion

Baye v. Midland Credit Management, Inc.

District Court, E.D. Louisiana

Decided August 9, 2017No. CIVIL ACTION NO. 17-4789Published

1Opinion of the Court

MARTIN L. C. FELDMAN, UNITED STATES DISTRICT JUDGE

SECTION “F”

ORDER AND REASONS

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…

2Cases cited19 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Collins v. Morgan Stanley Dean WitterCourt of Appeals for the Fifth Circuit · 2000
  4. Martin K. Eby Construction Company, Inc. v. Dallas Area Rapid TransitCourt of Appeals for the Fifth Circuit · 2004
  5. Taylor v. Books a Million, Inc.Court of Appeals for the Fifth Circuit · 2002

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