Wednesday, August 11, 2004

Is there any cases where an actually collector was nailed
either criminal or civil? I know the company gets named
in most suits but I wondered if there are any cases that
the actual person that did the damage get it also.
Basher do you know what happens at NCO if a particular
collector goes above and beyond the call of duty and
violates law big time? Do they get yelled at or fired or
nothing? What if they recover the tape and the employee
screwed up big time? What is the worse thing that ever
happened to a collector for violating, ever any
criminal action?
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Poster: If a collector violates any of the laws, yes, they
are addressed. Depending on the severity of the violation
(NCO takes them all seriously), the collector always gets
written up, loses their entire bonus for that month, and
some even are escorted out the door on the spot.

You asked about it being on tape, yes, they have it on tape,
that is how we get caught if we violate any of the laws.
As for the collector being sued, I'm sure it has happened.
But, being a confidential issue, it isn't discussed with us
on the floor.

That information would be kept behind closed doors
with the legal dept.
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Creditwrench replied:
[[[As for the collector being sued, I'm sure it has happened.
But, being a confidential issue, it isn't discussed with us on
the floor. That information would be kept behind closed
doors with the legal dept.]]]

I have my doubts that it has happened except for the two
cases I know of and then they were not jailed because of
their FDCPA violations.

They were jailed for theft of services. There are no criminal
actions possible under FDCPA and they weren't NCO
employees nor even from the same company.

And there were no FDCPA lawsuits filed in either case.
What would be the point? Once the guy is jailed for theft
of services then he is probably broke from trying to
defend himself.

Their companies could not help them because if they did
then they would be admitting their own complicity in the
crime and might become civilly liable themselves in the
process. And yes, even if an employee were to be sued
for FDCPA violations it would be kept tightly locked up
in the legal department because if it were to become
common knowledge among the employees then the
company would probably start losing it's emplayees
and might find it difficult to hire new ones.
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