Midland Credit Management Collections Suit Must Be Arbitrated

A federal court order compelling arbitration in a lawsuit against Midland Credit Management and law firm Schreiber Cohen LLC over allegedly unlawful debt collection practices stands, after the U.S. Court of Appeals for the First Circuit concluded Wednesday that debt buyer Midland Funding holds all the same rights that Barclays held under its “Cardmember Agreement” with the plaintiff-debtor.

When Midland Funding purchased bundled debt from Barlcays that included plaintiff Jackeline Barbosa’s delinquent account, the bank assigned all of its rights and interests, including the right to invoke the cardmember agreement’s arbitration provision, Judge O. Rogeriee Thompson wrote for the court. ...