Collection Strategy No-No for PaydayLoans, Car Title & Check Cashers

By | Mar 25, 2010

Collection Strategy No-No for PaydayLoans, Car Title & Check Cashers

In our industry, you’d better “get” collections. Comprehending Federal and state collection practices are crucial to us. After all, we’re really a “collections business.”

So… if you get anything out of this short Blog let it be this:

Bottom line, DO NOT CALL your customer at their employer once you’re told it’s unacceptable.

Case in point, a West Virginia resident Woman sues over collection calls at work

A  West Virginia woman claims she suffered “humiliation, embarrassment, mental anguish and emotional distress after a debt collection agency repeatedly called her at her work.”

Amy Wellman filed a lawsuit Feb. 3, 2010 in U.S. District Court for the Northern District of West Virginia against Martin and Seibert .

Wellman claims she began receiving phone calls from Martin and Seibert regarding collection for her debt in July 2009.

“When Plaintiff was first contacted by a representative of Defendant at Plaintiff’s place of employment, she requested that the Defendant cease placing telephone calls to her place of employment regarding the alleged debt,” the suit states. “Despite her request, Plaintiff continued to receive telephone calls from Defendant’s representatives at her place of employment. Plaintiff often hung up the phone on such occasions, but Defendant’s representatives would call back immediately thereafter. On numerous occasions Plaintiff reiterated to Defendant’s representatives her request not to be called at work too often explaining that calls of such a nature were not allowed by her employer.”

Wellman claims Martin and Seibert violated the Fair Debt Collection Practices Act and the West Virginia Consumer Credit and Protection Act by communicating with her at her place of employment and by continuing to call her with an intent to annoy and harass her.

In the two-count suit, Wellman seeks actual and compensatory damages, statutory damages of $1,000 for each violation of the FDCPA, attorney’s fees, costs and other relief the court deems just.

U.S. District Court case number: 10-CV-5

Just imagine this strategy being used by you in your business and a friendly class action lawyer getting a hold of you?

Don’t do it! Did you read our previous “Text Messaging Article?” There are plenty of methods you can employ to perform your collection efforts. Educate yourself and your team. Proper collections activities are micro-lending 101.

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2 Comments so far
  1. forstine July 24, 2011 2:11 am

    Payday loans can be a blessing at times. When you need to pay a bill or unfortunate events come up that you have to take care of.. We all no that payday loan companies charge outrageous fees.. Let’s face it, this is how they make their money. If they loan people money and that person has to pay back only what they’ve borrowed, the company doesn’t make anything to operate on. I’ll admit some are a bit to high but lets think about this scenario. What if you wanted to pawn a computer. You paid about $500 for it, bought it brand spanking new. You keep it for a few months and take it to pawn. They offer you maybe $100 or $200 for it. Let’s say that you take this amount. If you leave it in pawn too long, then the Pawn shop will sell your computer back to another customer for just about what you paid for it. They’ve made more than 100% profit. Thats how this all works. If you only pay back what you borrow, then there’s no profit for the company.. If the pawnshop give you what you paid for the item, when they sell it back, then there’s no profit for the company. There you have it.
    Customer = Product=Need=Interest=Profit…..http://www.90secondstocash.info

  2. Randy Mitchelson January 14, 2012 7:07 pm

    any word on the outcome of this case?

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