Consumer Law

Whataburger Files 'Very Unusual' Suit, Says Debt Collector Made Harassing Calls to Employee at Work


Whataburger original a-frame. Image courtesy Whataburger.

A Texas-based burger chain has sued one of the country’s largest debt collectors, contending that NCO Financial Services is hararassing an unidentified employee by making calls to the company’s San Antonio corporate headquarters despite a cease-and-desist letter.

Describing the alleged calls to a toll-free number for Whataburger Restaurants as “a campaign of harassment against Whataburger that is unreasonable … and reckless,” the suit seeks compensatory and punitive damages, reports the Express-News.

It asserts claims under both the federal Fair Debt Collection Practices Act and the Texas Debt Collection Act.

Attorney H. Anthony Hervol is a San Antonio practitioner who represents consumers in debt-collection cases. He called the Whataburger suit, which was filed last week in Bexar County District Court, both “very unusual” and “refreshing,” adding: “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.”

NCO, which is based in Horsham, Pa., did not return the newspaper’s phone calls seeking comment.

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