Creditor Calls at Work – See What Whataburger Did to Protect an Employee

Court case not the way Whataburger likes it – Houston Chronicle.
As H. Anthony Hervol, a San Antonio lawyer who defends individuals in debt-collection disputes says, Whataburger’s action is “very unusual.”
It is not usual for an employer to sue a collection agency on behalf of an employee who is receiving harassing debt communications at work.  Usually, the employee is left to deal with the harassment on their own and hope that they don’t lose their job as a result of the repeated phone calls.  However, Whataburger has sued NCO for what it calls harrassing phone calls which interfered with their employees’ execution of duties.
Seeking unspecified damages, the lawsuit claims NCO placed over 50 calls to the restaurant’s toll free number in an attempt to collect a debt from an unnamed employee.  Twenty seven of those calls were made after NCO was sent a cease and desist letter.
Consumers who are behind on their debts are consistently pelted with phone calls to their home, employers, neighbors and family members.  The Fair Debt Collections Act (FDCPA) was designed to protect consumers from creditor harassment, however, many creditors blatantly ignore or gleefully push the boundaries of the FDCPA.  If you can prove that a creditor violated the provisions of the Act you may sue the creditor for damages.  Keep in mind, however, that the FDCPA only applies to debt collectors who work for collection agencies and not debt collectors that are employed by the original creditor.  Once you have made the determination that the calls are coming from a collector and not the original creditor, here are 3 steps to take.
1.  Determine Whether the Communication is Abusive.  Calling a third-party and asking them to pass along a message (neighbor’s, family members, etc.), calling you at work after being told you cannot take creditor’s calls there and failing to cease and desist after a written request are all impermissible communications under FDCPA.  Threatening you with arrest, war dialing (repeated and continuous calls), abusive messages and profanity are impermissible as well.
2.  Send a Cease and Desist Letter.  Notify the creditor in writing to stop the abusive contact.  Send certified mail with return receipt requested so that the creditor has to sign for it and you have documentation their received it.  Always keep a copy of any letters you send to them in case you need to use them in court.  The letter should state that you want the creditor to cease all communications with you.  Under the law, the creditor must stop calling you to collect the debt, however, they can contact you to let you know what steps the creditor will take if the debt is not paid.  This is where the next step comes in handy.
3.  Keep A Communications Log.  Make notes of dates and times of the calls and who the calls were made to.  If legal in your state, record the calls.  Save all voice mails and cell phone bills which prove the communication.  This can be used as evidence if the creditor does not comply with your cease and desist letter.  If you seek to sue the collector, an attorney will want to see this as well as a copy of the cease and desist letter.