Midland, Encore, LVNV Debt Collection Class Action Settlement

Individuals who had a judgment entered against them in favor of Midland Funding LLC or LVNV Funding LLC and whom Mary Jane M. Elliott PC collected on that judgment by charging interest above the rate allowed by Michigan law may be eligible to claim up to $150 and/or a reduction in their judgment balance from a class action settlement.

Mary Jane M. Elliott PC, Midland Funding LLC, Midland Credit Management Inc., Encore Capital Group Inc. and LVNV Funding LLC agreed to settle a class action lawsuit alleging they applied unlawfully high interest rates to debt collection judgments in violation of federal and Michigan state law.

Who are the class members?

Class members must meet the following criteria:

• A Michigan court entered a money judgment against them in favor of either Midland Funding LLC or LVNV Funding LLC.
• The judgment was for a debt incurred for personal, family or household purposes (not business debts).
• The judgment was not rendered on a written instrument or promissory note.

• Mary Jane M. Elliott PC collected a judgment balance by communicating, at any time from April 11, 2011, to the date of class certification, that they owed an amount including judgment interest and calculated at a rate exceeding that allowed by Michigan law.

There are two certified classes:

• Elliott/Midland class: Individuals with judgments in favor of Midland Funding LLC
• Elliott/LVNV class: Individuals with judgments in favor of LVNV Funding LLC

Both classes are limited to natural persons (not businesses or entities) and only include judgments where the interest rate exceeded the statutory limit and collection occurred during the relevant period.

How much is the debt collection payout?

The settlement provides several forms of relief for class members:

• Reduction of judgment balance: The entities will recalculate each class member’s judgment balance to reflect interest at the legal rate specified by Michigan law rather than the higher rate they previously applied.
• Additional $500 reduction: After the interest recalculation, the entities will subtract an additional $500 from each class member’s judgment balance.
• $150 payment: If these reductions eliminate the class member's judgment balance entirely and the class member files a claim, they will receive a $150 payment.

How to claim class action benefits

To claim the $150 payment (if eligible), class members can file the online claim form. There is no PDF claim form. If class members received a paper claim form with their settlement notice, they may fill it out and mail it to the settlement administrator. The claim deadline is March 9, 2026.

Those who do not file a claim will still receive the judgment balance reduction but will not receive the $150 payment.

Settlement administrator's mailing address: VanderKodde v MJE (881), c/o Settlement Administrator, PO Box 23309, Jacksonville, FL 32241

Required information

To file an online claim, class members must provide the notice ID and PIN from their settlement notice.

Class members do not need to submit proof unless they need to update their name or are the legal beneficiary of a deceased class member, in which case they must submit documentation, such as a marriage license, divorce decree, court order or death certificate.

Payout options

The settlement administrator will mail checks to eligible claimants.

Settlement fund breakdown

The settlement fund includes:

• Settlement administration costs: $19,955.25 (estimated)
• Attorneys’ fees, costs and expenses: Up to $1,500,000
• Service awards to class representatives: $10,000 each ($20,000 total)
• Payments to eligible class members: Dependent on number of valid claims

Judgement reductions are part of the settlement's nonmonetary relief.

Important dates

• Exclusion (opt-out) deadline: March 9, 2026
• Claim deadline: March 9, 2026
• Final fairness hearing: April 13, 2026

When is the VanderKodde v. Mary Jane M. Elliott PC payout date?

• Judgement balances: The defendants will reduce the judgement balances and apply the $500 credits approximately 45 days after the court resolves any appeals and grants final approval to the settlement.
• Cash payments: The settlement administrator will send $150 checks approximately 30 days after the court resolves any appeals and grants final approval to the settlement.

Why is there a class action settlement?

The class action lawsuit alleged the defendants violated federal and Michigan state laws by applying interest rates that exceeded the legal limit to debt collection judgments. The plaintiffs claimed this practice violated the Fair Debt Collection Practices Act and Michigan debt collection laws.

The defendants denied any wrongdoing but agreed to settle the case to avoid further litigation.

Sources

1. Class notice
2. Settlement agreement
3. Settlement FAQ
4. Key dates