Cain v. Midland Funding, LLC
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In this two putative class action cases concerning the applicable statute of limitations for claims filed by consumer debtors against a consumer debt buyer, Midland Funding, LLC, the Court of Appeals held that Petitioners' claims for unjust enrichment and statutory claims for money damages were subject to the three-year statute of limitations established by Md. Code Cts. & Jud. Proc. 5-101.
Petitioner Clifford Cain and Petitioner Tasha Gambrell each filed a putative class action complaint against Midland, alleging improper debt collection activities in connection with money judgments that Midland obtained against the plaintiffs during a time when Midland was not licensed as a collection agency under Maryland law. In Cain's case, the circuit court granted summary judgment to each party in part and a separate declaratory judgment declaring the rights of the parties. In Gambrell's case, the circuit court granted Midland's motion to dismiss. The court of appeals held (1) Petitioners were not entitled to injunctive relief, and (2) Petitioners' claims seeking restitution under an unjust enrichment theory and money damages for statutory claims were barred by CJ 5-101's three-year statute of limitations. The Court of Appeals affirmed the judgment as to Gambrell in its entirety and reversed the judgment in part as to Cain, holding that Cain's individual claims were timely filed.
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