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FTC Settles with Midwest Recovery for $24.3M Over Debt Parking Scheme

Midwest Recovery SystemsNovember 30, 2020Federal Trade Commission

Penalty Amount

$24,300,000

Summary

The FTC settled with Midwest Recovery Systems for engaging in 'debt parking,' where it placed inaccurate debts on consumers' credit reports to force payment. The company collected over $24 million from such debts. The settlement requires it to delete all reported debts, stop the practice, and pay a $24.3 million monetary judgment.

Remedy

Midwest Recovery must cease debt parking, delete all debts it reported to credit bureaus, and pay a monetary judgment of $24.3 million, with $56,748 due immediately and the rest suspended.

Monetary PenaltyInjunctionConsent DecreeData Deletion

Contract Impact

In-house legal teams should review all vendor and third-party service agreements, particularly those with debt collection agencies, data furnishers, and credit reporting service providers. Specific clauses to scrutinize include data accuracy warranties, credit reporting and furnishing obligations, dispute resolution mechanisms, indemnification provisions for Fair Credit Reporting Act (FCRA) violations, and audit rights. Agreements may require amendments to mandate pre-reporting debt validation, immediate deletion of disputed or inaccurate information, regular compliance certifications, and robust record-keeping requirements to prevent 'debt parking' or similar practices.

Contract Search Terms

debt validation requirementscredit report dispute processfurnisher accuracy obligationsFCRA compliance certificationdata furnishing agreementconsumer notification proceduresaudit rights for data accuracy

Laws Cited

FTC ActFair Debt Collection Practices ActFair Credit Reporting ActFCRA Furnisher Rule

Violation Types

Entity Details

Entity

Midwest Recovery Systems

Also known as: Midwest Recovery

Industry

Financial Services

Official Sources

Source Evidence

Entity Name
"Midwest Recovery Systems"
Fine Amount
"monetary judgment of $24.3 million"
Laws Cited
"FTC Act"
Laws Cited
"Fair Debt Collection Practices Act (FDCPA)"
Laws Cited
"Fair Credit Reporting Act (FCRA)"
Laws Cited
"FCRA’s Furnisher Rule"

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