NCO Financial Systems, Inc. Violates FDCPA Laws:
In September 2008, the automated calls from NCO Financial Systems, Inc. began to the plaintiff’s home telephone number. NCO was attempting to get in contact with an individual who was not the Plaintiff and identified the caller as a debt collector. In November 2008, the Plaintiff called the phone number and spoke to a supervisor. The Plaintiff advised the supervisor that the individual they were seeking did not live there and to please stop calling. The supervisor said NCO would immediately remove his number from their calling list.
The calls did not stop and on other occasions the Plaintiff informed other individuals at NCO that the person they were trying to find did not live there and to please stop calling. These calls would come during the day when he was sleeping, but were annoying, disrupting, and causing him loss of sleep and distress, since he works the night shift at his employment.
NCO’s conduct violated the FDCPA in multiple ways, including but not limited to engaging in conduct of which the natural consequence is to harass, oppress, or abuse, intent to annoy, abuse, or harass. And, calling the plaintiff more than once after being told that the person NCO was seeking did not live there when NCO had no information that the previous response was erroneous and that plaintiff now had complete location information. As a result of the acts alleged above, the Plaintiff suffered actual damages, including physical ailments, embarrassment, and emotional distress.
In March 2009, NCO entered an Offer of Judgment for $1500 plus legal fees and costs, either agreed to or to be decided by the court. The Plaintiff accepted this offer.