Whataburger Suing Debt Collection Company For Harassing Its Employee At Work

It would appear that NCO Financial is up to its usual sleazy tricks--just with the wrong people.    I'll have to make a point of going to Whataburger in the hope of some of the profits from my purchase goes to suing NCO.

This is standard procedure for NCO--and they could care less they have (yet) another lawsuit on their hands for FDCPA violations. I've dealt with them before, and they seem to take a sadistic delight in harassing people, even after the debt has been paid.

Whataburger claims that since at least 27 calls were made after the cease-and-desist, NCO is in violation of the federal Fair Debt Collection Practices Act. It wants up to $1,000 for each call.

Their attorney needs to read up on the FDCPA. IT is up to $1000 for all violations put together. It doesn't matter if NCO called 1 or 100 times. Also, the attorney wanted punitive damages which is not allowed under the FDCPA either. I love the fact they are going after NCO but they are not going to get alot out of this.

NCO messed with Texas, I bet this will surprise them.

They should know better than to mess with a business, you tie up business phones and employees with nonsense and you cost the business money, probably more than a regular person could sue for.

It's not clear from the Houston Chronicle article if the alleged debtor works at the corporate HQ or a franchise location. I have a notion this case would have gone more quietly if NCO had targeted only a restaurant and not the head office. Still, it is absolutely "refreshing" that for once an employer has refrained from blaming the victim.

I think the burger chain has more patties to throw at their opponent than you think. I agree the corpo lawyers are overclaiming FDCPA counts, but they can use Texas state law to rack up meaty fines per incident. Also at times a FDCPA plaintiff is able to "upgrade" state law violations to federal through a blanketing provision in FDCPA.

The official FTC Staff Opinion on the FDCPA holds that §813 "imposes civil liability in the form of (1) actual damages, (2) discretionary penalties, and (3) costs and attorney's fees ..." and confirms that actual damages can be awarded "for personal humiliation, embarrassment, mental anguish, or emotional distress."

The article states that Whataburger itself issued the cease-comm which NCO violated. Any contact ignoring that "shut up" demand becomes "harassment" per FDCPA, and the reported volume of calls only fuels that perception. Almost certainly those calls created some kind of distress to multiple workers, and we know the whole point of hassling people at PoE is to create feelings of shame. I should furthermore think a corporate plaintiff can afford to be functionally punitive simply by retaining co$tly coun$el and burying NCO in motions and pleadings.

WHAT?!! NCO?!!!

Oh not them!! They have the fewest lawsuits ever (sarcasm). LOL

I sure a shill remark will be coing soon from NCO

We didn't do it! But if you can prove we did it, it was an isolated incident. But if you can prove it  wasn't an isolated incident, we are working hard to reduce such abuses.   But if you can prove we aren't working hard to reduce such abuses at all,  we will be working hard to reduce such abuses until somebody isn't watching--then it's business as usual.    Hope this convinces you we didn't do it.

You "Didn't do it?" Let us enlighten you:

Cases 1 - 20 of 1,918K

Kraus v. NCO Financial Systems, Inc.
Filed: August 23, 2012 as 2:2012cv04231 Updated: August 24, 2012 20:38:03
Plaintiff: Jane Kraus
Defendant: NCO Financial Systems, Inc.
Cause Of Action: Fair Debt Collection Act
Court: Second Circuit > New York > Eastern District Court
Type: Other Statutes > Consumer Credit
Sims v. AFNI, Inc. et al
Filed: August 22, 2012 as 2:2012cv00729 Updated: August 23, 2012 23:08:14
Appellant: Tamara L. Sims
Appellees: AFNI, Inc. , Asset Acceptance, LLC , Jefferson Capital Systems, LLC, NCO Financial Systems, Inc. , NCO Group, Inc.  and others
Cause Of Action: Notice of Appeal re Bankruptcy Matter (BA
Court: Eleventh Circuit > Alabama > Middle District Court
Type: Bankruptcy > Appeal
BERNARD v. NCO FINANCIAL SYSTEMS, INC.
Filed: August 21, 2012 as 2:2012cv04796 Updated: August 22, 2012 01:06:36
Plaintiff: ABIGAIL BERNARDÂ
Defendant: NCO FINANCIAL SYSTEMS, INC.
Cause Of Action: Fair Debt Collection Act
Court: Third Circuit > Pennsylvania > Eastern District Court
Type: Other Statutes > Consumer Credit
Altenhain v. NCO Financial Systems, Inc.
Filed: August 17, 2012 as 3:2012cv01636 Updated: August 21, 2012 00:09:50
Plaintiff: Beverly AltenhainÂ
Defendant: NCO Financial Systems, Inc.Â
Cause Of Action: Fair Debt Collection Act
Court: Third Circuit > Pennsylvania > Middle District Court
Type: Other Statutes > Consumer Credit
SHIELDS v. NCO FINANCIAL SYSTEMS, INC.
Filed: August 16, 2012 as 2:2012cv04653 Updated: August 16, 2012 20:08:09
Plaintiff: CECIL SHIELDSÂ
Defendant: NCO FINANCIAL SYSTEMS, INC.
Cause Of Action: Fair Debt Collection Act
Court: Third Circuit > Pennsylvania > Eastern District Court
Type: Other Statutes > Consumer Credit
Hart v. NCO Financial Systems, Inc.
Filed: August 13, 2012 as 2:2012cv00733 Updated: August 15, 2012 22:15:26
Plaintiff: Jamie Hart
Defendant: NCO Financial Systems, Inc.
Cause Of Action: Diversity-Libel,Assault,Slander
Court: Sixth Circuit > Ohio > Southern District Court
Type: Torts - Injury > Assault, Libel, and Slander
Deutsch v. NCO Financial Systems, Inc.
Filed: August 9, 2012 as 1:2012cv02758 Updated: August 15, 2012 23:10:20
Plaintiff: Eric DeutschÂ
Defendant: NCO Financial Systems, Inc.
Cause Of Action: Fair Debt Collection Act
Court: Eleventh Circuit > Georgia > Northern District Court
Type: Other Statutes > Consumer Credit
GRAFFIOUS v. NCO FINANCIAL SYSTEMS, INC.
Filed: August 7, 2012 as 2:2012cv04475 Updated: August 21, 2012 06:30:32
Plaintiff: STARR GRAFFIOUSÂ
Defendant: NCO FINANCIAL SYSTEMS, INC.
Cause Of Action: Fair Debt Collection Act
Court: Third Circuit > Pennsylvania > Eastern District Court
Type: Other Statutes > Consumer Credit
GREENAWALT v. NCO FINANCIAL SYSTEMS, INC.
Filed: August 7, 2012 as 2:2012cv04476 Updated: August 21, 2012 06:30:32
Plaintiff: KRISSI GREENAWALTÂ
Defendant: NCO FINANCIAL SYSTEMS, INC.
Cause Of Action: Fair Debt Collection Act
Court: Third Circuit > Pennsylvania > Eastern District Court
Type: Other Statutes > Consumer Credit
Nowakowski v. NCO Financial Systems, Inc.
Filed: August 1, 2012 as 1:2012cv00722 Updated: August 15, 2012 21:35:47
Plaintiff: Patricia Nowakowski
Defendant: NCO Financial Systems, Inc.
Cause Of Action: Fair Debt Collection Act
Court: Second Circuit > New York > Western District Court
Type: Other Statutes > Other Statutory Actions
CAIRNES v. NCO FINANCIAL SYSTEMS, INC.
Filed: July 30, 2012 as 2:2012cv04311 Updated: August 27, 2012 23:02:29
Plaintiff: JOHN CAIRNESÂ
Defendant: NCO FINANCIAL SYSTEMS, INC.
Cause Of Action: Fair Debt Collection Act
Court: Third Circuit > Pennsylvania > Eastern District Court
Type: Other Statutes > Consumer Credit
ELROD v. NCO FINANCIAL SYSTEMS, INC.
Filed: July 27, 2012 as 2:2012cv04271 Updated: August 26, 2012 00:13:17
Plaintiff: BARBARA ELRODÂ
Defendant: NCO FINANCIAL SYSTEMS, INC.
Cause Of Action: Fair Debt Collection Act
Court: Third Circuit > Pennsylvania > Eastern District Court
Type: Other Statutes > Consumer Credit
Katzoff v. NCO Financial Systems, Inc.
Filed: July 24, 2012 as 1:2012cv03663 Updated: August 24, 2012 00:20:35
Plaintiff: Yisroel Katzoff
Defendant: NCO Financial Systems, Inc.
Cause Of Action: Fair Debt Collection Act
Court: Second Circuit > New York > Eastern District Court
Type: Other Statutes > Consumer Credit
Camponeschi v. NCO Financial Systems, Inc.
Filed: July 24, 2012 as 1:2012cv02190 Updated: August 23, 2012 00:17:52
Plaintiff: Tracy CamponeschiÂ
Defendant: NCO Financial Systems, Inc.
Cause Of Action: Fair Debt Collection Act
Court: Fourth Circuit > Maryland > District Court
Type: Other Statutes > Consumer Credit
Lerner et al v. Culinary Health Fund Administrative Services, LLC et al
Filed: July 24, 2012 as 2:2012cv01304 Updated: August 23, 2012 00:20:00
Plaintiffs: Glen J. Lerner and Jermal Turner
Defendants: Culinary Health Fund Administrative Services, LLC, Emergency Physicians Medical Group, Inc., Jorgenson & Koka, LLP, NCO Financial Systems, Inc., Neck & Back Clinics, LLP and others
Cause Of Action: E.R.I.S.A.-Employee Benefits
Court: Ninth Circuit > Nevada > District Court
Type: Labor > Employee Retirement Income Security Act of 1974
DER KOSROFIAN v. NCO FINANCIAL SYSTEMS, INC.
Filed: July 20, 2012 as 2:2012cv04146 Updated: August 19, 2012 00:27:53
Plaintiff: DIRAN DER KOSROFIANÂ
Defendant: NCO FINANCIAL SYSTEMS, INC.
Cause Of Action: Fair Debt Collection Act
Court: Third Circuit > Pennsylvania > Eastern District Court
Type: Other Statutes > Consumer Credit
Scott v. NCO Financial Systems, Inc. et al
Filed: July 20, 2012 as 3:2012cv01789 Updated: August 19, 2012 00:28:31
Plaintiff: Roderick W. ScottÂ
Defendants: NCO Financial Systems, Inc.  and DOES 1 through 10
Cause Of Action: Fair Debt Collection Act
Court: Ninth Circuit > California > Southern District Court
Type: Other Statutes > Consumer Credit
WILLIAMS v. NCO FINANCIAL SYSTEMS, INC.
Filed: July 20, 2012 as 2:2012cv04148 Updated: August 19, 2012 00:27:56
Plaintiff: ARNOLD WILLIAMSÂ
Defendant: NCO FINANCIAL SYSTEMS, INC.
Cause Of Action: Fair Debt Collection Act
Court: Third Circuit > Pennsylvania > Eastern District Court
Type: Other Statutes > Consumer Credit
NCO FINANCIAL SYSTEMS, INC. v. P & L INVESTMENTS
Filed: July 18, 2012 as 2:2012cv04080 Updated: August 19, 2012 00:53:55
Plaintiff: NCO FINANCIAL SYSTEMS, INC.
Defendant: P & L INVESTMENTS
Cause Of Action: Diversity-Breach of Contract
Court: Third Circuit > Pennsylvania > Eastern District Court
Type: Contract > Other Contract
Radicchi v. NCO Financial Systems, Inc.
Filed: July 18, 2012 as 1:2012cv03577 Updated: August 20, 2012 00:20:15
Plaintiff: Rosemary Radicchi
Defendant: NCO Financial Systems, Inc.
Cause Of Action: Fair Debt Collection Act
Court: Second Circuit > New York > Eastern District Court
Type: Other Statutes > Consumer Credit

http://dockets.justia.com/search?q=NCO+FINANCIAL+SYSTEMS%2C+INC.

Good one, NCO excuse mill shill :)
Reminds of the Bart Simpson line:
"I didn't do it, nobody saw me do it, there's no way you can prove anything!"

What?  You miss the implied  /sarcasm tag?

Very amusing, in an aggravating sort of way. Providing a "bona fide error" defense in an otherwise strict liability statute was perhaps the worst mistake Congress made in drafting the FDCPA. When the consumer puts up a good fight and the Bart Simpson Strategem fails, out comes the Dennis Mitchell Defense: "He hit me back first!"

Sorry. My bad.

It still amazes me that people don't pay their bills, run from bill collectors and then expect to get something from them even though they still owe the debt.  NO, I DO NOT work for NCO or any other collection agency.  I am merely a consumer who is sick and tired of paying higher prices because consumers can't pay their bills.  Sometimes you are dealt a bad hand in life and cannot pay bills.  Maybe a little bit of honesty and a little less "running" would do our society wonders.  Oh wait, we can't do that.  Everyone is entitled and let's protect DEBTORS rather than trying to make our world a better place and have everyone be accountable.  I was recently divorced, my ex didn't pay what he needed to and needless to say, I became delinquent on a lot of accounts.  I actually called the collectors and creditors and worked out arrangements.  I had no issues with any of them.  Amazing what happens when you actually are accountable!!!