June 2) -- A fed-up Texas man has turned the tables on a collections agency.
Advanced Call Center Technologies, usually in the business of collecting money for its clients, now finds itself $1.5 million in debt to Allen Jones. A Dallas County court awarded him the hefty judgment after a jury found the agency barraged Jones with harassing and racially charged phone calls.
ACT debt collectors confessed to logging eight expletive-filled calls to Jones, of Lewisville, Texas, in August 2007, many peppered with the "n-word." Jones, 26, saved the vulgar voice mails as evidence.
"This is your motherf------ wake-up call you little lazy a-- b----," a collector said in one early-morning message obtained by Dallas/Fort Worth's WFAA-TV."Get your motherf------ n----r ass up and go pick some motherf------ cotton fields."
The calls from the Pennsylvania-based company came as early as 6:30 a.m. and as late as 11 p.m., seeking to collect a $200 debt from Jones.
He said he told ACT in their first communication that he had already paid the bill.
"This shouldn't be tolerated," Jones told WFAA. "Nobody should have to experience what I had to experience."
A jury agreed with Jones, finding that ACT violated debt collection ethical guidelines. Jones was awarded $1.5 million in punitive damages, $143,000 in attorney's fees and $50,000 in mental anguish, one of the largest rewards of its kind.
One of Jones' attorneys, Dean Malone, said the reward was fair punishment for "the most egregious collection case" he's ever seen.
"It was just significant, over-the-top harassment," he told ABC News. "I've handled hundreds of these cases over the years. This is by far the worst I've ever seen."
A lawyer for ACT told ABC that the language used in the calls was "indefensible" and said the calls "must have been in some sort of personal attack unrelated to the business."
George Vignola, a collection expert and president of Commercial Collection Consultants, a debt collection firm based in Massapequa, N.Y., told AOL News he was shocked after listening to the audio of the voice mails.
"As an agency owner, I couldn't believe the vulgarity. That's what gives our industry a bad name," Vignola said. "What could you possibly hope to achieve by using profanity? The only thing you're going to get is a dial tone."
Very little could make me happier than seeing all of these collection agencies/collectors seriously fined for their terrible behavior.
Thanks to Michelle Ruiz for sharing her post with the Active Rain community.
BILL CHERRY REALTORS
DALLAS - PARK CITIES
Our 45th Year
214 503-8563
COLLECTION of the judgement will be the KEY!!! These are usually 3rd party firms associated with law firms and they have NO assets!
I'm sure you're right. I wonder, however, if the business the collection agency was representing as well as the offending collectors themselves can't also be brought into the suit if the agency defaults on the judgment.
Further, in Texas, at least, I'm reasonably sure that collection agencies have to be licensed and carry some sort of E & O insurance.
So now the collections company will go bankrupt . But good for them. Great post Bill. These folks can be a real pain. I had to threaten to sue one as they continued to make the same error over and over.
Charlie, we had trouble with one of them, and I wrote my "talk" so that the next time they called, I was ready.
I said, "Before we start, you are being recorded for training purposes." I am going to need you full name, the company you represent and its address. I need the name of the president of the company."
The guy stammered
I said, "You understand that both federal and state laws require that you answer these questions for me, and you understand that by not doing it, you and your company can be fined if I file a complaint."
He gave me the information.
Now I said, "The federal and state laws allow me to tell you that you may not telephone me, my relatives, neighbors, or employer. You are to direct your complaint to me by U.S. Mail, and it must contain the complete file you are using to allege your client's complaint against me."
Then I said, "I am now going to give you the name and address of my attorney. Are you ready to write that information down? You are to copy her with copies of any and all correspondence you direct toward me."
Then I hung up. They got the message, the error was corrected, and I never heard from the again.
Hi Bill!
It is amazing that in this day and age, anyone would think that this would be an acceptable method to collect money! I feel for the ethical collection agencies out there!
Miss Paula, when I first got out of college, I worked for a few years as a real estate loan officer. We had to collect our own delinquent loans. One of my clients was a dentist, the father of one of my prior girlfriends. He'd get behind. I didn't want to have to call him because I thought so much of his daughter, and actually that's probably why I made him the loan in the first place.
I'd call him at his office. As soon as he'd hear my voice, he'd start speaking Italian. I knew enough to know that he was claiming the doctor was gone for a few days, and that while the doctor was gone, he was painting his office.
Bill,
Wow what a story. I do hope he can collect; however I would bet this decision will be appealed.