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(EstateNewsWire.com, September 18, 2012 ) San Francisco, CA - Whataburger has sued NCO Financial Systems Inc. upon unrelenting calls. It is said that that folks of Whataburger Restaurant LLC, were being harassed by the phone calls of debt collectors.
Officials of the San Antonio based burger chain went to the court of law in order to make an attempt to stop these prank calls as they were receiving too many calls at their headquarters from unrelated debt collectors. The main purpose of the case was to identify the exact people behind the whole scene.
H. Anthony Hervol, who is a lawyer in San Antonio defended the employee mentioned that the action of Whataburger is unusual and if they want to pursue a case, they should not file suit against an individual, but instead they should bring the employer in.
Hervol said when he was asked for the reaction, “It's good to see that an employer would step in, rather than blame the employee — which is what debt collectors want them to do,” according to My San Antonio
In the lawsuit, Whataburger claimed that they have been continually receiving calls from NCO at their toll free number despite of a letter that was posted to them as warning on 16 July, but the calls didn’t stop there. Whataburger also mentioned that they received over 50 calls from NCO in the month of June alone.
Hervol added that, “One of the problems with debtor collectors is that they know if they try to collect at your place of employment, that you're going to worry about your job and somehow that's going to help them collect the debt.”
However, Whataburger also specified that they have also received some punitive damages as the toll costs from long distance calls, and also mentioned that the debt collector should be held liable for at least $1000 for each violation.
Hence NCO was accused of violating the Texas Debt Collection Act and held NCO responsible of $100 for each violation.
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