VOICE MAIL CASE

[O & C 3]

(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 #### 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."

[Heracles 417]

It's amazing what debt collectors and the level of harassment they are allowed to inflict on people in the US.

[Ban Hammer 13,255]

i bet he can now pay his bills due to that award.

[Rebecca Jo 1,962]

i bet he can now pay his bills due to that award.

Minus 1!

[Ban Hammer 13,255]

Minus 1!

[Brother Hesekiel 2,235]

I agree that it was totally inappropriate what the debt collector did, and I also believe that he should be fired over it. But that's the extend of punishment I would impose; everything else is completely unrealistic.

If you disagree, I'm cheap. You can call me a $#@&% Nazi and rotten Mother#$&% for only $1,000 per call. P.M. me for the number of my answering machine.

[O & C 3]

It's amazing what debt collectors and the level of harassment they are allowed to inflict on people in the US.

You are so right.. I had one to call me looking for someone else.. Telling me what I better tell them, she never did hear the I don't know them part I was telling her...

i bet he can now pay his bills due to that award.

I know that's right..

I agree that it was totally inappropriate what the debt collector did, and I also believe that he should be fired over it. But that's the extend of punishment I would impose; everything else is completely unrealistic.

If you disagree, I'm cheap. You can call me a $#@&% Nazi and rotten Mother#$&% for only $1,000 per call. P.M. me for the number of my answering machine.

Hahahahaha

[Heracles 417]

You are so right.. I had one to call me looking for someone else.. Telling me what I better tell them, she never did hear the I don't know them part I was telling her...

There is a guy at work who constantly gets such calls. They are trying to collect debt of from a Hispanic man and keep on calling his phone every bloody day. I have had the luxury of answering it too, to stir them up. Yet even a guy with an Aussie accent does not get them to stop.

What concerns me is that they have openly provided him with the guys details and details of his debt. That right there is up to a $1 mill fine for a Company in AUS. Excluding law enforcement, under no circumstances (whatsoever) can they provide any details out of a person or their account to others. Furthermore, after the first or second call, they can be heavily fined or even charged for harassment, for continuing to call; particularly a phone that no longer belongs to the person they are looking for. Whereas, over here it's the wild wild west and anything is acceptable; with the laws dependent on the state - aka fail.

Realistically, had they not been racist, they could have continued to harass this guy.

Edited June 3, 2010 by Booyah!

[O & C 3]

There is a guy at work who constantly gets such calls. They are trying to collect debt of from a Hispanic man and keep on calling his phone every bloody day. I have had the luxury of answering it too, to stir them up. Yet even a guy with an Aussie accent does not get them to stop.

What concerns me is that they have openly provided him with the guys details and details of his debt. That right there is up to a $1 mill fine for a Company in AUS. Excluding law enforcement, under no circumstances (whatsoever) can they provide any details out of a person or their account to others. Furthermore, after the first or second call, they can be heavily fined or even charged for harassment, for continuing to call; particularly a phone that no longer belongs to the person they are looking for. Whereas, over here it's the wild wild west and anything is acceptable; with the laws dependent on the state - aka fail.

Realistically, had they not been racist, they could have continued to harass this guy.

Its a real headache when you pay your bills on time, but have to deal with them calling you looking for someone else..

[SMR 368]

This case is a good example of everything that is wrong with our legal system. I have no sympathy for the collector or the collection agency and agree that what was done was despicable and wrong. And I'm sure a lot of people find satisfaction in the fact that they are being punished. I can understand this from a punishment side.

But on the other hand it's ridiculous that this guy is getting $1.5 million for some obscene phone calls. The fact that such ludicrous sums are being thrown around for some pretty intangible and non-lasting damage is the reason we have ridiculous lawsuits and lawyers run-a-muck. People get called a bad name or get their fingers slammed in the door and think they can get a free meal ticket. And it's all encouraged by the fact that it happens.

Civil court in America is being abused. We need to reign in civil judgments so that they have to be substantiated by actual losses. And even then the standard of proof needs to be raised to require that the losses be directly caused by the defendant. Things like, "I was insulted and so upset that I quit my job and want compensation for lost pay for the rest of my life," should be thrown out the window. On the other hand, medical expenses, property damage, and violation of contracts are easier to substantiate and put a dollar value on. I think these are a valid place for civil courts.

However, in many cases, a civil case should only be allowed on the basis of a criminal case. The idea that a person can be acquitted of any wrongdoing in a criminal court (or never even tried) and still held financially accountable in a civil court is ridiculous. If someone burns your house down and is convicted of arson in a criminal court, I have no problem with someone suing for the cost of their house in civil court. But why is a wrongful death civil suit even allowed if the criminal case was dismissed, the defendant was acquitted, or the case was never even filed?

In my opinion, things like this (in the OP) should be tried in a criminal court. The man was making threatening statements and obscene phone calls. Community service, fines, and even jail time might be in order. But rewarding the victim in such an over the top manner leads to a society of self-victimization. And that's what we have.

[Rebecca Jo 1,962]

I think the settlement was not enough.

[O & C 3]

I think the settlement was not enough.

I agree with you on that!!!

[SMR 368]

I think the settlement was not enough.

Do you say that from the perspective of thinking there should be more punishment for the offender or more reward for the victim?

[Heracles 417]

I think the settlement was not enough.

Why? Did he suffer financial loss of any sort? Oh you mean mental anguish. Too bad such idiocy does not hold up in any other first world judicial system.

The company should have been fined for that behavior but this guy should not have been paid-out for it.

Edited June 3, 2010 by Booyah!

[besaangel 17]

All over $200 though? And he said he paid? wow... lol