DANIEL VANDERKODDE et al. v. MARY JANE M. ELLIOTT, P.C., et al.

You are not being sued.  Records indicate that a judgment was entered against you in favor of Midland Funding, LLC or LVNV Funding, LLC, that Mary Jane M. Elliott P.C. applied interest to the judgment at a rate exceeding the rate allowed under MCL 600.6013(8), and that some amount was collected against the judgment. The Notice explains that the Court has preliminarily approved a class action settlement that may affect you. You have legal rights and options that you may exercise. Judge Paul L. Maloney of the United States District Court for the Western District of Michigan is overseeing this class action. The case is known as VanderKodde v. Mary Jane M. Elliott, P.C., Civil Action No. 1:17-cv-203 (the “Action”).

This lawsuit is about whether the Defendants violated federal and state laws regulating debt collection practices when they applied interest to judgment debts and then collected against the judgments. Plaintiffs allege that Defendants violated the federal Fair Debt Collection Practices Act and Michigan debt collection laws. The Defendants deny any wrongdoing.

In a class action lawsuit, one or more people, called “Class Representatives” (in this case Daniel VanderKodde and Anita Beckley), sue on behalf of themselves and other people who have similar claims. These people and entities together are called a “Class” or “Class Members.” Daniel VanderKodde, Anita Beckley, and all the Class Members are called Plaintiffs. The companies the Plaintiffs sued, Mary Jane M. Elliott, P.C.; Midland Funding, LLC; Midland Credit Management, Inc.; Encore Capital Group, Inc.; and LVNV Funding, LLC, are called the Defendants. One court resolves the issues for all Class Members—except those who choose to exclude themselves.

On April 10, 2017, Class Representatives Daniel VanderKodde and Anita Beckley filed, on behalf of a putative class, a complaint against Defendants alleging that Defendants had violated the Fair Debt Collection Practices Act and Michigan debt collection laws.

On March 1, 2024, the Court certified classes of persons against whom judgments were entered in favor of Midland Funding, LLC and LVNV Funding, LLC, Mary Jane M. Elliott, P.C. calculated interest at rates exceeding those provided in MCL 600.6013(8), and Mary Jane M. Elliott, P.C. collected money against those judgments.

On June 18, 2025, the Class Representatives and Defendants reached an agreement to settle the case.

The parties have proposed a class action settlement, and the Court has preliminarily approved the terms of that settlement.

To settle this case, the Defendants have agreed to: (1) reduce the balance of each Class Member’s judgment to reflect interest calculated at the rates specified in MCL 600.6013(8), (2) reduce the balance of each class Member’s judgment by an additional $500.00, and (3) pay each Class Member whose judgment balance is eliminated through these reductions and who files a claim the amount of $150.00. Defendants have also agreed to pay the administrative costs of the settlement, pay Daniel VanderKodde and Anita Beckley incentive awards of $10,000.00 each, and pay up to $1,500,000.00 in attorney fees. These amounts are subject to the approval of the Court at the hearing scheduled for March 9, 2026. Class counsel will present a petition for the approval of these amounts for consideration at that hearing, and which time the Court will decide whether the awards of these amounts are fair and reasonable.

IF THE SETTLEMENT IS APPROVED, YOU, AS A MEMBER OF THE CLASS, WILL RECEIVE REDUCTIONS IN YOUR JUDGMENT BALANCE AND, IF YOU ARE ELIGIBLE, A PAYMENT OF $150.

This proposed settlement is subject to final approval by the Court. Payments would be mailed approximately six (6) weeks after the final fairness hearing.

You are a member of a Class if a judgment was entered against you in favor of Midland Funding, LLC or LVNV Funding, LLC; Mary Jane M. Elliott added interest to the judgment at a rate exceeding the rate allowed under MCL 600.6013(8); and Mary Jane M. Elliott collected money from you against the judgment.

You must decide whether to stay in the Class or opt out of it. In addition, if you do not choose to opt out of the class, you may choose whether or not to object to the settlement.

If you stay in the Class, and the settlement is approved, you will receive the balance reductions explained in paragraph 6 above. If the balance reductions eliminate the judgment balance and you file a claim, you will receive a payment of $150.00. But you give up any rights to sue Defendants separately about the same legal claims in this lawsuit.

You do not have to do anything to stay in the Class.

If you opt out of the Class (by stating in writing that you do not want to be included in the Class in this Action), you will give up the right to receive the benefit of the settlement. But you will keep any rights you may currently have to sue Defendants regarding the legal claims at issue in this lawsuit.

If you do not want to remain a member of the Class, you must send a written “Request to Opt Out,” which references the case name “VanderKodde v. Mary Jane M. Elliott, P.C.,” to the following address:

VanderKodde v. Mary Jane M. Elliott, P.C, c/o Administrator
PO Box 23309
Jacksonville, FL 32241

If you wish to opt out of the Class, your Request to Opt Out must be postmarked by March 9, 2026.

By doing nothing, you are choosing to stay in the Class. You don’t have to do anything now if you want to stay in the Class. If you stay in the class, you will receive the benefit of the settlement in reductions to your judgment balance and, if your balance is eliminated, you will be entitled to submit a claim to be paid $150.00. You will not be able to sue the Defendants as part of any other lawsuit about the same legal claims that are the subject of this lawsuit.

If you believe the settlement is not fair or adequate for the Class, you can submit a written objection. This objection must be filed with the court, by mailing a copy of a written objection to the Clerk of the Court, United States District Court for the Western District of Michigan, Federal Building, 110 Michigan St. NW, Grand Rapids, Michigan 49503, on or before March 9, 2026. You must also serve your written objection upon the Class Counsel and Defense attorneys listed below, no later than March 9, 2026. You may, but are not required to, attend the fairness hearing to be held on April 13, 2026 in order to discuss your objection with the Court.

The Court will hold a public hearing to decide whether the settlement is fair and adequate to the Class Members on Monday, April 13, 2026 at 9:30 a.m., in Room 137 of the Federal Building, 410 W. Michigan Ave., Kalamazoo, Michigan 49007. You do not have to attend this hearing in order to obtain a recovery from the settlement or to discuss your objection to it, if any, but you are welcome to attend this hearing if you wish.

Yes. The Court has appointed lawyers to represent you and other Class Members. These lawyers are called Class Counsel. The following lawyers are representing the Class:

The settlement agreement states that, subject to Court approval, Class Counsel will receive up to $1,500,000.00, paid by Mary Jane M. Elliott, to compensate them for the costs of bringing this action and for attorneys’ fees. The Class Representatives will each receive a $10,000 incentive award for their role in bringing and maintaining the lawsuit and negotiating the settlement.

You do not need to hire your own lawyer, because Class Counsel is working for you. However, you are welcome to hire your own lawyer at your own expense. If you hire a lawyer to speak for you or to appear in Court, your lawyer must file a Notice of Appearance.

Please notify the Settlement Administrator of any changes in your mailing address so that future correspondence will be sent to the correct address.

To update your mailing address, you can complete the Change of Address form here, or contact the Settlement Administrator via email at [email protected].  Please put ‘Change of Address’ in the subject line and provide your full name, previous address, current address, and the Notice ID from your notice in the body of the email. Alternatively, you can mail that information to: Vanderkodde Class Action, c/o Administrator,  P.O. Box 23309, Jacksonville, FL 32241.

A copy of your marriage license, divorce decree or court order is required for a name change.

You can submit the documentation via email at [email protected]. In your email, put ‘Name Change’ in the subject line. In the body of the email, provide the NoticeID, original name, and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence.

Alternatively, you can submit the required documents by mail to: Vanderkodde Class Action, c/o Administrator, P.O. Box 23309, Jacksonville, FL 32241.

Two documents are required for a name change for a deceased Class Member. They are: 1) A Copy of the death certificate, and 2) Documentation providing evidence to show the new payee as legal beneficiary – this could be a will, estate documentation, etc. The documentation will be reviewed when received.  We may reach out to you with additional questions, if necessary.

You can submit these documents via email at [email protected], put ‘Name Change’ in the subject line. In the body of the email, provide the Notice ID, original name and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence.

Alternatively, you can submit the required documents by mail to: Vanderkodde Class Action, c/o Administrator,  P.O. Box 23309, Jacksonville, FL 32241.

This website contains a summary of relevant court papers, as well a copies of selected documents found here. Complete copies of public pleadings, Court rulings and other filings are available for review and copying at the Clerk’s office. The address is 110 Michigan Street NW, Grand Rapids, MI 49503. If you need something specific and cannot find the answer, you can contact the Settlement Administrator at  [email protected].