Debt Collector Accused of Harassment By 2 Houston Women
A debt collection agency is the target of at least two separate lawsuits from Houston women who claim its aggressive practices included abusive language and harassing phone calls.
The Better Business Bureau has given the Rochester, N.Y.-based company an unsatisfactory rating — its worst. Over the past three years, the BBB has documented 125 complaints against Mercantile Adjustment Bureau, including seven unresolved ones, according to David Polino, president of the Upstate New York Better Business Bureau. The company collects debts across the nation.
Mercantile officials declined comment. “It’s always been my practice never to comment on any ongoing litigation,” said the company’s vice president for legal affairs Mark A. Carey.
In one of the lawsuits, Wanda Cowand claims the company continued to harass her over the phone, even after she told Mercantile officials they had contacted the wrong person in connection with the debt.
The company had settled with Cowand before those calls, the suit states.
Cowand’s lawsuit, filed in December, alleges that a Mercantile employee called her a “coward” and “spineless.”
In the other suit, Michelle D. Simien says a Mercantile collector repeatedly called her at work, tying up every office phone line one day until her boss got on the phone.
The lawsuits, filed by a Dallas attorney, claim the company’s aggressive practices violate parts of the Texas Finance Code and Texas Deceptive Practices-Consumer Protection Act.
Chapter 392 of the Texas Finance Code states, in part, that a debt collector may not oppress, harass or abuse a person by using profane or obscene language intended to unreasonably abuse the hearer.
It also prohibits collectors from causing a telephone to make repeated phone calls with the intent to harass a person.
In Cowand’s case, court papers allege a collector told her: “I can call whenever I want to. This is a free country. Your name is in the phone book. There’s nothing you can do about it.”
According to Simien’s lawsuit, a Mercantile collector called her co-workers “jackass” and “bimbo” and asked to “speak with the male around there” when none of the female employees would transfer him to a supervisor.
Court papers allege the Mercantile employee also sent employment verification forms to the woman’s office and regional manager. The forms asked the employer to give Mercantile the woman’s Social Security number and earning amounts.
Both lawsuits are seeking unspecified damages.
Dan Parsons, president of the Better Business Bureau of Metropolitan Houston, said such complaints are all too common for debt collection agencies and that consumers should speak out if they feel harassed.
“Collectors have their place, but we have laws to protect consumers from abusive practices,” Parsons said.
Houston Chronicle – Robert Crowe
Texas Fair Debt Attorneys – free consultation
Fair Debt Collection Practices Act
