Whataburger Suing Debt Collection Company For Harassing Its Employee At Work

If Disability only pays $730 a month, your rent is $750 plus water, and electric not including transportation, and food, and with rules in place so you can't make more than $1100 a month and you have an ER visits that cost you $2500 each, x 3.  Add the price of gas (because public transit is not everywhere) car and maintenance, How many years would it take it pay that off?  And if you are fresh out of college not getting that job you wanted but instead working at 7-11 or Whataburger you would pay back the student loans first because they can garnish you disability check to pay them.

Disability can't be garnished unless it is back taxes, child support, or student loans.

Try that and get back to us!

> I am merely a consumer who is sick and tired of paying higher prices because consumers
> can't pay their bills.

You pay more than what a fair market requires because of the credit card merchant discount rates associate with all credit cards. That and the grossly exorbitant MD rates associated with premium credit cards.  It is not the deadbeats that drive the retail price up, it is the insistence by the credit card issuers that merchants who accept credit cards agree that:

1. Purchases by credit cards cannot be priced differently than cash purchases.

2. All versions of credit cards of a given brand (V***, M*****C***, etc.) must be accepted.

3. Merchants have to pay the fees rather than the card holders.

If CC users had to see and pay directly what the CC issuers invisibly extract from them through the merchant fees then the practice would end forthwith.

You need to do the reading - the Civil Penalty is up to $1000 PER DOCUMENTED VIOLATION, and a pattern of deliberate harassment (more than 3 or 4 calls per day, calls at work, calls to relatives, etc.) can also garner punitive damages under the statutes of many states (Georgia being one).  Furthermore, if the collector does not have their documentary trail in order - as NCO never bothers to do - they are subject to FRAUD charges which have NO STATUTE OF LIMITATIONS and provide for TREBLE (triple) DAMAGES upon a guilty verdict by a jury.  NCO's lawyers will run from such a situation, and consistently do - BUT YOU *MUST FILE AN ANSWER* IS THEY SUE YOU OR YOU LOSE YOUR RIGHT TO FIGHT THEM.  Don't let this happen.  This is how they make their money, by filing numerous lawsuits and obtaining "Summary Judgements" when the Plaintiff does not answer.

In fact, for the past 10 years, almost all credit card contracts require that BOTH PARTIES give up their right to file a lawsuit, although a few allow lawsuits in Magistrates Court.  In either case, any "Assignees", like NCO, ARE BOUND BY THE TERMS OF THE ORIGINAL CONTRACT.  If the contract requires "Binding Arbitration" in lieu of lawsuits, and NCO did not offer Binding Arbitration at their expense, the case will be thrown out.

NCO is famous for having their lawyers produce credit card contracts from states that do not allow Binding Arbitration, and lack the Binding Arbitration language; so you must KEEP A COPY OF YOUR ORIGINAL CONTRACT.  If they produce a fraudulent contract, and you can prove it, you stand to collect a great deal of money - with a good lawyer.

These people are operating a criminal enterprise.  They have no morals.  Beware, and make sure you have the proof you need.  GOOD RECORDS.

HAHAHAHAHHA the website that this debtor's haven links to is down for not being able to pay it's bills. Can't even serve up the old Whataburger story. You deadbeats are too funny. Can't even keep your websites going. What a CRYING shame.

ROFLMAO! SEE YOU LATER CONSUMERIST!

I believe you are wrong, it is $1K per incident, but that doesn't matter.  What will really hurt them is the attorney's fees that they will be required to pay should they lose the lawsuit.  That's where the real money is.  There is no limit on what these fees can be as long as they are reasonable and the court agrees and awards the fees to the winner.  Most companies will settle for this reason alone.

Three points, laughing clown ....

- Consumerist has been run as a quasi-nonprofit "loss leader" since its purchase by Consumers Union.

- The Consumerist editorial slant has not to my knowledge ever served to cheerlead for "deadbeats who steal from banks and run from bills" as you insinuate. Mostly it provides a sounding board for, and humorous relief from, "the excesses of the marketplace" as cousin periodical Consumer Reports has put it politely for decades.

- The way I heard it, for the third time this year the site was donated another payload of malware by creepo hackers. Friends of yours, perhaps?

Oh, look .... Consumerist has pitched a tent at WordPress while the security issues at the main house are ironed out. Direct commenting is disabled for everyone's safety. Here's their status update:

http://consumerist.com/whats-up-with-consumerist/

Thanks a frappen lot, hacker punks ....

NOWHERE MAN ...I CAN SEE WHERE YOURE COMMING FROM AND WHERE YOU ARE GOING
I'VE SOMEWHAT BEEN THERE,DONE THAT. AFTER LIVING PRETTY GOOD OFF WORKMANS COMP.
AND SOCIAL SECURITY BENIFITS...THE ONE HAS RUN OUT AND THE OTHER IS TRYING TO STARVE ME ...IF IT WASNT FOR DECENT PAYING SLOT MACHINES ,IF I DIDNT KNOW HOW TO PLAY ,I'D BE BROKE EXCEPT FOR MY LAST GUN AND THAT 'GOLDEN BEBE' I HAVE'NT USED YET ......
JUST TO LET YOU KNOW I'M STILL HERE ...BUT TIMES A RUNNING OUT!
dont worry you dont go to hell for oweing somebody!

I can only HOPE and PRAY NCO employees have to wear name badges on their shirts so when they go to a Whataburger from now on they will get a taste of the "Special Sauce".

There is a lot that can be done besides money. The state may ban NCO from ever contacting or doing business in Texas. Besides if the employee does live in Texas they cannot be sued for the debt anyway. Texas is among the few states that per thier laws can only garnish wages for taxes or money owed to state. There is a part in the law that prohibits debt collectors from calling places of work when they know the employer prohibits it. In this case the cease and assist would be it. They could have to pay state fines, federal fines and all adds up it will or may not hurt..... I hold debt collectors right below a child molester... they should be ban!

All I have to say is, way to go!  Nice to see a company that stands up for their workers!

I wish there was a WhataBurger in San Diego. I'd go just because of this suit!

And if the person simply doesn't have the money because they lost their job?

And if the bill is confusing (often intentionally) and the debtor is taking the time to figure it out before paying it, which is quite reasonable -- and is the case with me and my health care provider?

And if the person is disputing the bill, has informed the creditor, but the sleazy creditor is hoping the person will give up fighting their bureaucracy and getting harassed and pay it anyway.

When is NCO going to learn?  Do they enjoy being sued?  They have one of the worst reputations out there.  I know someone who gave NCO his debit card number when trying to pay a so-called outstanding debt and they took out WAY more than they should have.  In fact, there were 4 unauthorized withdrawls on his account.  He sued NCO and won.  Freaking morons.

When crooks like this get sued, it's simply cost of doing business. They get away with millions, get sued for thousands. It all works out in the end.