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.
The harassing company pays our fees.
They’re legit. 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.
Who are we? We are Lemberg Law, a Consumer Law Firm
Lemberg Law is a consumer law firm helping victims of collection harassment and abuse. We are ranked A+ by the BBB. We’ve helped more than 15,000 consumers stop harassment and recover money from debt collectors. Harassed? Abused? Misled by a collector? Call our Helpline today! There is no charge unless we win.
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
Federal laws protect you. The Fair Debt Collections Practices Act (FDCPA) regulates the behavior of collection agencies by prohibiting actions such as the use of abusive or threatening language; harassment; or the use of false or misleading information to collect a debt. The FCRA regulates how collection agencies and creditors report delinquent debts to credit reporting agencies. Additional consumer protection laws include the Telephone Consumer Protection Act (TCPA) and the Consumer Financial Protection Act (CFPA).
But here’s the rub: If you want to enforce your rights, or recover money for violations — you need to sue. These laws provide individuals like you with a means to seek monetary damages in court. For example, the FDCPA allows consumers who have been violated to recover damages of up to $1,000, plus attorney fees and court costs.
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Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
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Unsure why MSG is trying to reach me. They called my father, at an address I have never lived, at a phone number I have never had nor listed on any applications, and had never called and left any messages on my phone. They threatened to put out a statewide warrant on me if he did not ensure I called them. They then called and left a message on my phone, I called back and left message with them. the address they had for me is from 11 years ago but I have had the same phone number for 18 years. If that address, then any legit debt will be over 10 years old and I haven’t seen anything on my credit report. Anything I can do?
I had a voluntary repo more than 10 years ago with HSBC. Is it lawful for MSG to try to collect and threaten to put a lean on my house?