On behalf of Law Offices of Mark M. Kratter, LLC on September 14, 2012
When consumers begin to suffer under a heavy load of personal debt, there are options available to help them regain financial stability. Connecticut residents can opt to file for consumer bankruptcy, which can help discharge a significant portion of consumer debt. Such an action can also halt harassing phone calls from debt collectors. A recently filed lawsuit exemplifies the lengths to which some debt collectors will go to track down a debtor and collect on a debt.
According to the lawsuit, a Whataburger employee was pursued by NCO Financial Systems, one of America's largest debt collections agencies, in an attempt to collect a delinquent debt. However, instead of contacting the employee directly, the collection agency contacted the employee's company headquarters in an attempt to force the employee to pay the allegedly owed debt. The calls were so persistent that the restaurant felt the need to file a lawsuit to stop the aggressive and harassing collections tactics. The company claims that the actions conducted by NCO employees were both "unreasonable and reckless."
Whataburger's choice to file suit in the matter is unusual, and is deemed by one attorney as 'refreshing.' Rather than blame their employee for the harassment, the company stepped in to stop practices what it considers to be abusive collections practices. The company claims that, in spite of a cease-and-desist letter, the NCO has continued to call them repeatedly. Whataburger claims that since June, they have been contacted over 50 times. They maintain that the repeated calls distract employees and tie up Whataburger phone lines. They are seeking both actual damages and punitive damages from the collections company.
It is a refreshing change of pace to see such a major company step up and take action against harassing behavior on the part of a debt collections company. When Connecticut residents are being harassed at work or home by aggressive or multiple debt collectors, it may be time to consider taking action to eliminate outstanding consumer debt. Filing for consumer bankruptcy protection could help someone in this situation discharge the majority of their debt, and would also stop repeated phone calls and letters from unscrupulous companies.
Source: Chron.com, "Court case not the way Whataburger likes it," Patrick Danner, Aug. 24, 2012
