Whataburger Suing Debt Collection Company For Harassing Its Employee At Work

A Texas-based burger chain has sued one of the country's largest debt collectors, contending that NCO Financial Services is harassing an unidentified employee by making calls to the company's San Antonio corporate headquarters despite a cease-and-desist letter.
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  • 0
    KATeague replies to Sally87
    So if you land on a list some jacka$$ put together and sells to this collection agency for loans you didn't make you are just going to pay up to a collector?  If you do you are dumber than you sound. I pay my bills and I am no running from any one but I will not be bullied and threatened into paying money i DO NOT OWE!
  • 0
    Billy Bob
    Whataburger could also pay their employees enough to cover their debts. Ever try getting medical care on minimum wage? Forget car ownership.
  • 0
    hoosier
    I'm a small business owner, they tie up my lines several times a day looking for people who of had my # years ago. Or employees that been gone for years. You take the time to explain the situation to them, they still call back the next day or week. They should be sued. Indy
  • 0
    ed replies to DONT owe NObody
    I can see how any employment involving literacy would pretty much be out of the question for you.   Slot machines do seem to be your best option.
  • 0
    qbert replies to Joey
    And yet NCO is still getting sued, despite the site being down.   Who would have thought it?
  • 0
    Amanda replies to scott
    | 4 replies
    I was harassed at work by a debt collector who wanted money for my ex-husband's debt.  My name was never on the account.  They called my place of work 5 times a day.  Finally, I got sick of it, and after a lot of documentation, and my employer threatening to terminate me if the calls didn't stop, I sued the collection agency.  I got $1,000 PER CALL, and they were required to cover the court costs and my attorney's fees.  It's important to get documentation for calls like this.
  • 0
    Harry
    I have eaten at Whataburger in the distant past. I think their efforts to protect an employee is so rare as to liken to chickens lips. Not many out there. I wish that there was a store near to me now. NCO has harassed many people for many things. It is what they do. They do seem to take it to another level though. Isn't there some agency that oversees such places? These are not people who will work with you. Hound you-yes.
  • 0
    M. F.
    Just got that 1-317-559-5574 on cell this morning, annoying since it is prepaid and number only given to family and friends.  I'd rather it be an ad than a collector anyday however.  Our other line gets various numbers from Portfolio Recovery yet no paper back up in snail mail plus no voice mail, last one was computer beep.  Legit calls should have paper trail especially if a local debt like retailer or something with letters and calls from a  Local  law firm from your State.
  • 0
    Matt Bieneman
    This is typical behavior for NCO. They're just a scam operation anyway; they don't care whether the person they are calling has anything to do with the "debt" or not. They and their co-conspirators called me more than 500 times even though I never had any debt and didn't even have any credit card balance, and didn't even know anyone who might have had a bad debt. Eventually they got tired of being slapped on the wrist by the state regulators and stopped calling. If we had realistic consumer protection laws they would have been put out of business long ago and all of their management would now be in jail.
  • 0
    Matt Bieneman replies to Joey
    Sorry "Joey"; NCO is a well-known scam. You sound like a scammer as well. Most likely the person they are harassing does not have any debt anyway. NCO's standard procedure is to try to "collect" from randomly-selected people and they don't care who they are harassing. Hopefully they will start calling you soon.
  • +1
    pockets
    Sheesh!  I"m tempted to seek them out and buy a hamburger from them.
  • 0
    [***]
    I know several people at NCO Financial that are pedophiles.
  • 0
    LoL
    It's amazing to me the number of people who think that everyone who ends up in debt is just a deadbeat that doesn't try to pay their bills at all. There are plenty of debt collectors out there who "collect" illegally, often on debts that are not legitimate and were never owed, using tactics like these. Even if a debt is genuinely owed, they cannot pursue illegal methods of collecting. Period. End of story.

    There are also plenty of people in debt who very much so want to pay the debt back, or who are struggling with serious illness or life halting circumstances and simply can't. My aunt went more than a million dollars in debt after several very serious medical procedures/care required after them. The deadbeat medical insurance company dropped her when they saw the costs she was going to incur. For the rest of her life she'll struggle with this debt, and have to deal with people like these through no fault of her own. She didn't go buy a bunch of [***] on credit cards and run. She simply is guilty of having medical procedures necessary to keep her ALIVE after insurance she'd paid into for years decided they wanted to drop her to pad their bottom line. We can't control where life takes us. You or I could just as easily end up in the debt boat tomorrow if things go just enough the wrong direction. It happens.

    Then there are the deadbeat scumbags just trying to cheat the system and get out of paying for [***]. I hate those people just as much as the next person, but we can't assume this is everyone. It's not even nearly the majority of people in debt today.
  • +1
    Resident47 replies to Amanda
    | 3 replies
    Hooray for you, but you were not, or should not have been, awarded $1K per violation for statutory FDCPA damages. You might get that kind of fee stacking through actual damages, or a consent order, or a last-hour settlement before a scheduling conference. MAYBE on a long shot you had TCPA claims or a rare state law which pays better than federal.

    Several commentors here have been mistakenly insisting otherwise, that somehow a $1K fine magically tolls every time a debt collector so much as sneezes wrong. The FDCPA battleground is littered with the corpses of failed lawsuits filed by half-cocked plaintiffs who thought, "Woo hoo! I gots me twenny-leven phone calls! I done hit the jackpot!" In litigation there are NO guaranteed outcomes and no handicap scores granted to people who fail to understand what laws and procedural rules say.
  • 0
    Get over it, will you, "learn_to_read"
    | 1 reply
    Ok, who CARES about spell check? Does your life suck that bad that you have to obsess  over a misspelling of ONE word? Do you now feel more superior then that person? Oh and by the way, I love Italian food and what he was eating, made me hungry.

    As for the debt collection agency's, I have delt with them more time then I care to recall. They are all ass's and yes they don't give a crap about you. All they care about is harassing into giving in to them. DO NOT GIVE IN! I know everything about credit cards and the credit card industry, as far as how they operate and the tactics they  LOVE to use. I have even talked to lawyers that called me on behalf of creditors and in the end, I told then them, if they were gonna "help me" as they claim when they first get ahold of you, then that is what they are gonna do and this is how they were gonna do so. I took the ball from then and put it in my court, so now I had control. Let me tell you, they  DO NOT like that!  haha But you know what, it works. When you do not show that your intimidated, they then back down. That's what they want, for you to be intimidated, because then it is easier for them to get you to pay whatever. And whatever does not mean what you REALLY owe.

    See, there is a big difference between what you REALLY owe and what these slow moving invertebrates
    try to get you believe you owe. After all the outrageous fees they tack on AFTER the fact. (meaning when your credit card has been cancelled or your loan as been of credit has been taken away) They still add on fees. ( fees they make up or add on because THEY CAN.) When our government put new laws into place to reduce the amount of fees they can charge, the think of new fees to charge you with. It's like raising minimum wage, but the cost of living goes up with it. Makes no sense, because nothing has changes.

    So if they tell you, you owe said amount, tell them to go take a long walk of a short pier. Find the last statement or bill you got from the cc company and it will tell you REALLY OWE! Then make an agreement to pay that off. You have to know that you have the right to pay any amount on your bill/debt every month. But it may not be the smartest thing to do. Also, these companies do not want to spend any more money then they have too. So if you make this a long drawn out process, they do not like that. Because they means they have to make monthly phone call to you, send out letters, etc. all which cost money. And depending on how much you owe, it's not worth it for then to pursue the problem any longer. Now don't get me wrong, they will take you to court. It depends on just how much you owe and if they believe you can afford to pay it. Some just write it off, again, because it is easier and cheaper for them to do so. I've had it happen. And if you look on your credit report, it will show that.

    I can go on and on, but I'll stop. I know all this, because I have been there and done that. I've talked to these minions and have had them lie to me and  so on. They lie to me, they get no money from me, as I always pay my debt off. Although said debts happened after the business I was working for, went bankrupt. Well certain people were involved in certain practices. And there goes my job. So I did not intentionally go into debt or had credit cards and used them like I did not have to pay on them. I pay on my credit card on time every month and pay more then the minimum due. Yes i have only 1 credit card, as it is wise to only have 1. I tell people, if you can't pay with it with cash, you don't need it! And so if you do have a credit card, only have one and have a credit limit no more then $500. Why? It is easier to pay off $500 instead of thousands, if you happened to go into debt. Not only that, what do you need that is that expensive that you can't pay it with cash? The point is, it should be used for emergencies. If you follow those guidelines, you will not have any problems. Better to be safe then sorry. Also, this goes for store credit cards and others like Goodyear. which I do have, but it only has a credit limit of $600. Again, smart, but enough if I ever need to take my car in to get new tires, or what not. I may never have $600 on my at once and may need some work done, and so that's when I will use the card. But even that card, along with my credit card stays at home. My bank card acts like a credit card too, so if such place only takes Credit, then I am set. And I use the money I have in my account and I know that whatever, is not paid for and do not have to worry about a monthly bill. One less headache.

    It's always good to have a back up plan, but be smart at the same time. don't let people drag you down. You take control, don't let them take control. Remember, the ball is ALWAYS in your court. Let them know, yes I have a debt that is mine and I will take care of it. Be patience with me and it will get taken care of. I can pay this much monthly and will do so until paid off. If they cry about that, hang up the phone and make agreed payment every month. Your showing good intent and faith. What can they do? Keep calling you? Well just one last bit of advice. If you ask them in writing or on the phone, for them to no longer call you or send you anything by mail, they HAVE to obey. The only time they can contact you, is if they are letting you know that they are taking you to court. And after the fact, if they still contact you, (other then the court situation) then they have to pay you $1,000 for every time they do. Now that was the law many years ago, have not checked if it's still states that. I can't remember what law states that they can't contact you after you told them not to. But you can Google it. So hope that helps you. Also, if anyone wants to spell check me, they may do so. ;) Gosh forbid I made even 1 mistakes. What, the world is gonna end? Wait, it supposedly was too happen already and the Mayans were wrong!!! So go eat a pink taco already and shut up.

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