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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN
NOTICE OF CLASS ACTION SETTLEMENT
VanderKodde, et al. v. Mary Jane M. Elliott, P.C., et al.
No. 1:17-cv-203
A court authorized the Notice. It is not a solicitation from a lawyer. You are not being sued.
A class action lawsuit is pending in the United States District Court for the Western District of Michigan (“the Court”) against Mary Jane M. Elliott, P.C.; Midland Funding, LLC; Midland Credit Management, Inc.; Encore Capital Group, Inc.; and LVNV Funding, LLC (together, the “Defendants”). The lawsuit alleges the Defendants violated United States federal and Michigan state law by applying unlawfully high interest rates to debt collection judgments. The Defendants deny any wrongdoing.
The Court decided that this lawsuit should proceed as a class action on behalf of “Classes,” or groups of people, that could include you. Two classes have been certified by the Court:
- Elliott/Midland Class. A class comprising: (a) every natural person; (b) against whom a money judgment, in a civil action to collect a debt incurred for personal, family, or household purposes, was entered by a Michigan court in favor of Midland Funding, LLC; (c) where the judgment was not rendered on a written instrument or promissory note; and (d) from whom Mary Jane M. Elliott, P.C. collected a judgment balance by communicating to any person, during the period from April 11, 2011 to the date of class certification, that the judgment debtor owed an amount that included judgment interest calculated at a rate that exceeded the rate allowed by MCL 600.6013(8).
- Elliott/LVNV Class. A class comprising: (a) every natural person; (b) against whom a money judgment, in a civil action to collect a debt incurred for personal, family, or household purposes, was entered by a Michigan court in favor of LVNV Funding, LLC; (c) where the judgment was not rendered on a written instrument or promissory note; and (d) from whom Mary Jane M. Elliott, P.C. collected a judgment balance by communicating to any person, during the period from April 11, 2011 to the date of class certification, that the judgment debtor owed an amount that included judgment interest calculated at a rate that exceeded the rate allowed by MCL 600.6013(8).
The parties to the lawsuit have proposed that the lawsuit be settled. A hearing on the fairness of the proposed settlement is set for Monday, April 13, 2026, at 9:00 a.m., in Room 137 of the Federal Building, 410 W. Michigan Ave., Kalamazoo, Michigan 49007. At this hearing, presiding Judge Paul L. Maloney will rule upon whether the settlement agreement proposed by the parties is fair and reasonable.
| YOUR RIGHTS AND OPTIONS IN THIS LAWSUIT | |
|---|---|
| Do Nothing |
Stay in the lawsuit, share in the benefits if the proposed settlement is approved by the Court. Give up certain rights. By doing nothing, you are choosing to stay in the Class and accept the benefits of the proposed settlement. You will give up your rights to sue the Defendants in a separate lawsuit for the claims made in this class action. |
| Ask to be Excluded |
Get out of this lawsuit. Get no benefits, but keep your rights. If you opt out of the Class (meaning you say in writing that you do not want to be included in this lawsuit), you will not be entitled to any benefits of the proposed settlement, but you will not be bound by any past or future rulings against the Defendants. You will be free to pursue your own claims against the Defendants on your own or as part of a different lawsuit. |
| Object to the Proposed Settlement |
Ask the Court not to approve the settlement. You may choose to stay in the class, but object to the proposed settlement. If the Court does not approve the settlement, the case may proceed in court or settle on different terms. If the Court approves the settlement despite your objection, you may share in the benefits of the settlement, or appeal the Court’s approval of the settlement. |