Reimann, et al., v. Erica L. Brachfeld, et al.

Frequently Asked Questions

1. Why am I getting this notice?

   Midland’s records identify you as someone who between August 5, 2006, through February 2, 2015, (a) may have received a collection letter from Brachfeld Law Group (“BLG”) concerning a debt allegedly owed to Midland and/or (b) may have been sued by Midland where BLG was Midland’s attorney AND you had excluded yourself from the class in Vassalle v. Midland Funding, LLC, United States District Court, No. 3:11-cv-0096 (N.D. Ohio).

2. What is the case about?

   Plaintiffs Judith Reimann and Michael DaRonco have made two claims in this lawsuit.
   
   1. Midland purchased allegedly unpaid credit card accounts from lenders, and then tried to collect on them. It hired BLG, a law firm, to collect some of these accounts in California. This lawsuit claims that when BLG collected supposed debts for Midland, BLG did not have enough information to know whether the debts were actually owed to the original lender by the person being dunned, and that BLG’s lawyers did not properly investigate the validity of the debt before trying to collect, nor properly oversee the collection process.
   
   2. When there was no response to a lawsuit that Midland and BLG filed, defendants generally obtained judgments by default. To obtain these judgments, Midland and BLG submitted false affidavits to the courts.
   
   The lawsuit asserts that these practices are unfair and fraudulent business practices under the California Fair Debt Collection Practices Act (the “Rosenthal Act”), California Civil Code section 1788, and the Unfair Competition Law, California Business and Professions Code section 17200. Midland denies both of plaintiffs’ claims.

3. What is the current status of the case?

   The Court has not made any decisions about who is right or who will win the case. If the proposed settlement is approved, the Court will not need to decide who wins.

   The Court has appointed named plaintiffs Judith Reimann and Michael DaRonco to represent the class and the firms listed in paragraph 10 as Class Counsel.

   In reaching the settlement described below, the class and Midland have chosen to avoid the cost, uncertainties and time of a trial. The class will ask the Court to approve the settlement with Midland as fair, adequate and reasonable to class members.

4. How much is the settlement for?

   Midland has agreed to establish a cash settlement fund of $2,800,000. This amount is in addition to the $700,000 settlement with BLG that has already been paid by BLG and is being held by a bank for the benefit of the class. Thus if the settlement with Midland is approved by the Court, the total amount of funds available for the class will be $3,500,000. Subject to Court approval, any unclaimed funds will be distributed to the Housing and Economic Rights Advocates, a statewide not-for-profit legal service and advocacy organization.

5. What does the settlement provide?

   If the settlement is approved by the Court as fair, adequate and reasonable, all class members will receive, at a minimum, $50. Class members who made payments to Midland may receive more, depending on how much they paid. The additional amount class members who made payments will receive will be calculated on a pro rata percentage basis applied to the amount they paid. It is not yet possible to determine how much these additional payments will be.

6. What about attorneys’ fees?

   Class Counsel intends to seek an award of attorneys’ fees and expenses of 30% of the total settlement fund. The Court will decide whether to approve this request. Your right to object to this application is described below.

7. Your Rights and Options

   YOU MUST DECIDE WHETHER TO BE PART OF THE SETTLEMENT WITH MIDLAND OR ASK TO BE EXCLUDED BEFORE THE FAIRNESS HEARING, AND YOU HAVE TO DECIDE THIS NOW.

7. What do I do if I want to be part of the settlement?

   If you do nothing at all, you will automatically be part of the settlement and legally bound by whatever ruling the Court makes on the fairness of the settlement with Midland, including how much the payments to class members should be.

   Keep in mind that if you do nothing now, this also means that you will not be able to bring, or continue, a separate lawsuit against Midland based on the same legal claims that are the subject of this lawsuit.

8. Why would I ask to be excluded?

   If you exclude yourself, you will keep any right you have to sue or continue to sue Midland in a separate case. However, if you exclude yourself from the Class -- sometimes called “opting-out” of the settlement — you will not be entitled to benefit from the settlement between the Class and Midland.

9. How do I ask the Court to be excluded from the settlement?

   If you wish to ask to be excluded, you must send a letter, postmarked by May 26, 2023, addressed to MIDLAND SETTLEMENT CLAIMS ADMINISTRATOR ATTN: EXCLUSIONS, P.O. BOX 58220 PHILADELPHIA, PA 19102, stating that you want to opt out of the Midland settlement. Be sure to include your name and address and remember to sign the letter. PLEASE DO NOT CONTACT THE COURT.

10. Can I object to the settlement?

    If you want to object to the proposed settlement with Midland, you should do so by filing a written objection with the Court and sending a copy to Class Counsel by May 26, 2023. The Court’s address is:

    Alameda County Superior Court
    Department 21
    Administration Building
    1221 Oak Street
    Oakland, CA 94612

    Class counsels’ firm names and addresses are:

    BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER, LLP 2125 Oak Grove Road, Suite 125 Walnut Creek, CA 94598 Telephone: (925) 945-0200 Attn. Daniel E. Birkhaeuser. dbirkhaeuser@bramsonplutzik.com

    THE NATIONAL CONSUMER LAW CENTER 7 Winthrop Square, 4th Fl. Boston, MA 02110 Telephone: (617) 542-8010 Attn: Charles Delbaum Email: cdelbaum@nclc.org

    LAW OFFICE OF IAN CHOWDHURY 8605 Santa Monica Blvd. #4789 West Hollywood, CA 90069 Telephone: (661) 242-1898 Email: ian@ianchowdhury.com

11. Should I get my own lawyer?

    If you choose to accept the class settlement with Midland, you do not need to hire your own lawyer because Class Counsel is working on your behalf. If you want your own lawyer, however, you can choose one to represent you separately, but you will be responsible for paying that lawyer.

    For more information and updates on the litigation’s progress, check this website. You may also contact one of the lawyers listed above.