I may have to eat at Whataburger more often...

[TheSHAD0W]

And some of you might want to apply for jobs; looks like they've got the backs of their employees...

http://www.chron.com/business/articl...it-3811325.php

[Aethian]

Was introduced to them by the ex when he was in FL... Damn are they good and have YUMMY shakes. I wish they were in MI.

[Food Lady]

Wow. Calling corporte for 1 employee's debt? Ridiculous.

[taxguykarl]

From what I've heard about this collection agency, that's par for their course.

[DeltaSierra]

Oh I miss Whataburger. When I lived in Oklahoma, I went there often.

[PepperElf]

link doesn't seem to work well. i found it here tho.


i like how they point out that Whataburger claims that NCO called them 27 times after the chain issued the cease-and-desist letter, and points out that the "debt collector is liable for damages of up to $1,000 for each violation."

So if this pans out, NCO could be fined up to $27,000. I wonder how much money the employee owed and if it's worth that kind of loss.

And that's not even getting into the Texas fines too which start at $100 per violation.

[taxguykarl]

So if this pans out, NCO could be fined up to $27,000. I wonder how much money the employee owed and if it's worth that kind of loss.

And that's not even getting into the Texas fines too which start at $100 per violation.

That $27k is technically damages under the Fair Debt Collection Practices Act....not a fine. It is entirely possible that the employee doesn't even owe or has no legal obligation to pay. This NCO has the reputation of being a junk debt buyer: They buy notes that were discharged in bankruptcy or beyond the statue of limitations for pennies on the dollar and pressure their target to paying the full amount.

[XCashier]

Oh I miss Whataburger. When I lived in Oklahoma, I went there often.

I miss them, too, the burgers were quite tasty. Haven't seen one since leaving Arizona.

[PepperElf]

That $27k is technically damages under the Fair Debt Collection Practices Act....not a fine. It is entirely possible that the employee doesn't even owe or has no legal obligation to pay. This NCO has the reputation of being a junk debt buyer: They buy notes that were discharged in bankruptcy or beyond the statue of limitations for pennies on the dollar and pressure their target to paying the full amount.

so who would the $$$ go to then?
The employees? even division amongst the ones named in the NCO calls? Or $1000 to the employee named in the call, per call for that individual?
or the burger place?

[AmbrosiaWriter]

This is awesome! This would also how I handle the situation as well, actually. I would defend my employees tooth and nail and curse out any debt collections agency that would try to use me to pressure my employee to pay them money that I have no idea that they actually owe!

*rawr*

[taxguykarl]

so who would the $$$ go to then?
The employees? even division amongst the ones named in the NCO calls? Or $1000 to the employee named in the call, per call for that individual?
or the burger place?

Valid legal question. This case was filed in a county that does not post the lawsuits online.
Other lawyers were quoted as calling Whataburger's application of the FDCPA "
quite novel". No idea who will collect the coins, but the smart money is that NCO will settle as they don't want their methods to be a matter of record....especially for debts already discharged in bankruptcy--we're talking contempt of federal court which means mega-fines and arrests.

[lordlundar]

so who would the $$$ go to then?
The employees? even division amongst the ones named in the NCO calls? Or $1000 to the employee named in the call, per call for that individual?
or the burger place?

The 27k would go to the Federal Treasury and the fines would go to the Texas State Treasury.

Only successful civil lawsuits go to the defendant.

[Javarod]

From what I've heard about this collection agency, that's par for their course.

They're real fun to deal with, they actually threatened me, so i returned the favor. They sold that debt and wouldn't handle anything with my name on it for five years.

[taxguykarl]

Tell us that story...it sounds interesting already.

[Javarod]

Tell us that story...it sounds interesting already.

Mine? Lets see, its been a long, long time, fifteen plus years, but there's not too much to remember. Basically i came home to a message on my answering machine telling me that if i knew what was good for me, i'd call them back. I did indeed call them back, their main voice mail, and left a message letting them know that if i heard anything like that again, the next call would be from my lawyer. The next day i got a very contrite message, and less than a week later they sold my debt to another agency. A few months later, they got another account of mine, and sold that after sending me one mailing. I think it was at least 5 years before i ever saw their name on any collections matters again.