- Who is Malcolm S. Gerald & Associates?
- Malcolm S. Gerald & Associates Complaints?
- Malcolm S. Gerald & Associates Lawsuits
- Malcolm S. Gerald & Associates Contact
- Malcolm S. Gerald & Associates Calling?
- How Do I Stop Malcolm S. Gerald & Associates Debt Collection Harassment?
- How Can I Delete Malcolm S. Gerald & Associates from My Credit Report?
- How Can I Deal with Malcolm S. Gerald & Associates?
Malcolm S. Gerald & Associates, Inc. (MSG) is a third-party collection agency based in Chicago, IL. MSG has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA) such as using illegal communication tactics and attempting to collect debts not owed. If you have been contacted by MSG, make sure you understand your rights before taking action.
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Is Malcolm S. Gerald & Associates a scam?
According to the Better Business Bureau (BBB), Malcolm S. Gerald & Associates, Inc. was founded in 1962 and incorporated in 1974. The BBB established its profile page in 1999. MSG is listed as a collection agency and financial services corporation.
According to its website, Malcolm S. Gerald & Associates “is experienced in collecting all types of debt. They will work with clients to determine… objectives, identify problems and set strategies.” MSG claims to be “the most viable source for financial recovery in the Nation.” MSG employs over 200 people “in management, collections, clerical and technical support…and manages a call center in Karachi, Pakistan that employs” more than 50 people.
Malcolm S. Gerald & Associates is a full service third-party collection agency that provides collection services for consumer clients such as retailers and service providers of banking institutions, debt buyers, major retail stores, communications companies, television service providers, and mail order companies; commercial clients such as major manufacturers, wholesalers, and technical service providers; healthcare providers such as major hospitals, clinics, practitioners, and dental care providers; and government offices of major municipalities and state agencies.
As an accounts receivable management and financial services company, MSG also provides special project collections; early-out and pre-collect billing; predictive dialing projects; credit bureau reporting; direct and third-party billing; account maintenance; management consulting; temporary staffing; and training programs.
Malcolm S. Gerald & Associates “maintains strict compliance with all federal, state and local laws governing debt collection practices…and provides a mandatory 80-hour course for all new collectors focusing on the Federal Debt Collection Practices Act FDCPA, all other applicable laws, and instruction in the MSG collection philosophy.” MSG’s “collection letters have been reviewed and approved by the State of Illinois Department of Professional Regulation.”
MSG’s website is entirely client-facing and does not provide links or references to consumer protection resources, laws, or enforcement agencies.
The BBB has closed 23 complaints against Malcolm S. Gerald & Associates in the past three years, with 2 closed in the past 12 months. Complaints are fairly evenly split between those alleging problems with billing and collections and those alleging problems with advertising and sales. Since March 2015, the Consumer Financial Protection Bureau (CFPB) has received 15 complaints about MSG. Justia lists at least 43 cases of civil litigation naming Malcolm S. Gerald & Associates as a defendant.
Absolutely. Here are some Sample Cases against Malcolm S. Gerald and Associates Inc.
In March 2010, in United States District Court, Middle District of Florida, Jacksonville Division, a judge issued an Order in a case alleging Malcolm S. Gerald & Associates had violated certain provisions of the FDCPA. In this case, the plaintiff alleged that MSG placed calls to him “seeking and demanding payment” for a debt the plaintiff allegedly did not owe; hung up on the plaintiff “without leaving voicemail messages”; failed to disclose their identity as a debt collector; failed to “provide meaningful disclosure” of MSG; and failed to send the plaintiff a debt validation letter. In the complaint, the plaintiff cited violations of nine different provisions of the FDCPA.
The March 2010 hearing was held to determine the validity of the plaintiff’s allegations and consider a ruling on MSG’s motion to dismiss the complaint. The court was “of the opinion that the plaintiff’s complaint is largely comprised of formulaic recitations of the statutory elements of violations of the FDCPA and does not allege facts sufficient” to support the plaintiff’s request for relief. For example, although the plaintiff described the actions of Malcolm S. Gerald & Associates, such as calling without leaving a voicemail message and failing to identify themselves, his claim of improper communication tactics lacked specific information such as the number, frequency, or pattern of phone calls or specific evidence of how Malcolm S. Gerald & Associates misrepresented their identity aside from failing to leave a voice mail message.
As a result, the court upheld MSG’s request to dismiss the complaint for failure to comply with the “requirement that it contain a short and plain statement of the facts.” However, the motion to dismiss was granted with a “leave to amend,” and the plaintiff was given approximately 3 weeks to address the deficiencies in his complaint and resubmit.
Malcolm S. Gerald and Associates, Inc.
332 South Michigan Avenue, Suite 600
Chicago, Illinois 60604
Telephone: (800) 265-3796
Understanding Your Debt Collection Rights
The Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA) are federal laws that regulate the collections industry. The FDCPA prohibits actions such as using tactics intended to harass, oppress, or annoy consumers. The FCRA regulates how collection agencies report information to credit reporting agencies. Additional consumer protection laws include the Consumer Financial Protection Act (CFPA) and the Telephone Consumer Protection Act (TCPA). These laws are enforced by federal agencies such as the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB). The complaints above illustrate why it is important to understand your rights and responsibilities under these laws when you are attempting to communicate with collection agencies.
In addition, these laws provide individuals with a means to seek monetary damages in court. For example, the FDCPA allows consumers to recover damages of up to $1,000, plus attorney fees and court costs, in cases proving violations of the FDCPA. Seek legal assistance if you are trying to resolve a dispute with a collection agency.
Your debt harassment checklist:
- You are receiving multiple calls per week from third party collection agencies
- You are receiving early morning or late night calls from debt collectors
- You are recieving calls at work from a debt collection agency
- Debt collectors are calling your friends, neighbors, or coworkers
- Collectors are threatening you with violence, lawsuit, or arrest
- A debt collector attempts to collect more than you owe
- You are being threatened with negative credit reporting
- A debt collector attempts to intimidate you
- Criminal accusations are being made towards you
- Use of obscene language during an attempt to collect
- Automated robocalls are being made to your phone in an attempt to collect
If you’ve been harassed by debt collectors and even one of these has happened to you, we can help. We will fight for your rights.
The Lemberg Law legal team is committed to holding debt collectors accountable, so complete our form for a FREE case evaluation, or call 844-685-9200.
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