Malcolm S. Gerald & Associates contacts thousands of consumers annually about unpaid debts. While they operate as a legitimate debt collection company, their methods may frequently cross legal boundaries. If you’re receiving excessive calls, workplace contact, or threatening messages from this collector, you need to understand your rights under federal law.
The Fair Debt Collection Practices Act protects consumers from abusive collection tactics. Malcolm S. Gerald’s extensive litigation history, with over 35 federal lawsuits filed against them, demonstrates why consumers must recognize violations and take action to stop harassment.
Who Is Malcolm S. Gerald & Associates?
Malcolm S. Gerald & Associates, Inc. was founded in 1962 and incorporated in 1974, making it one of the older debt collection agencies operating today. The company maintains its headquarters in Chicago, Illinois, with offices at:
- 332 South Michigan Avenue, Suite 600, Chicago, Illinois 60604
- 111 W Washington St, Suite 450, Chicago, IL 60602-2817
Contact Numbers: (312) 922-6500, (800) 265-3796, (800) 545-1090
The company employs between 250-499 debt collectors and handles accounts for debt buyers, healthcare providers, municipalities, utility companies, and service businesses. Despite over 60 years in business, Malcolm S. Gerald is not accredited by the Better Business Bureau and maintains an unsatisfactory rating due to numerous consumer complaints.
Malcolm S. Gerald’s Federal Court History
Court records reveal a troubling pattern of alleged violations. Malcolm S. Gerald & Associates has been named as a defendant in more than 35 federal lawsuits involving Fair Debt Collection Practices Act violations. Notable cases include:
- Levy v. Malcolm S. Gerald & Associates: Allegations included calling the plaintiff 3-4 times daily, contacting her at work repeatedly, and failing to verify the debt after receiving a written validation request.
- Beene v. Malcolm S. Gerald Group: This case involved claims of systematic harassment and illegal collection tactics that violated multiple FDCPA provisions.
- Sassano v. Malcolm S. Gerald Group: Another federal case alleging violations of consumer protection laws.
- Mason v. Malcolm S. Gerald Group: Consumer rights violations leading to federal litigation.
- Doshay v. Malcolm S. Gerald Group: Harassment claims that reached federal court.
- Ross v. Malcolm S. Gerald & Associates: Additional federal case documenting collection abuse.
These cases aren’t isolated incidents—they reveal patterns that consumers should recognize when dealing with this collector.
How Malcolm S. Gerald Violates Federal Debt Collection Laws
Based on court records and consumer complaints, Malcolm S. Gerald has been accused of specific tactics that violate the Fair Debt Collection Practices Act:
Excessive and Repeated Phone Calls
Consumer complaints describe receiving 10 or more calls per day from Malcolm S. Gerald collectors. In the Levy case, court documents showed the collector called 3-4 times daily. Federal law doesn’t specify an exact number that constitutes harassment, but courts have found patterns of 7-10+ daily calls excessive when combined with intent to annoy or harass.
The company reportedly uses multiple phone numbers to circumvent call blocking, making it difficult for consumers to stop the contact. Documenting these calls properly creates evidence for potential legal claims.
Calling Outside Legal Hours
Federal law prohibits debt collectors from calling before 8:00 AM or after 9:00 PM in your local time zone. Some consumers report receiving calls from Malcolm S. Gerald outside these hours. Night-time calling is explicitly illegal and provides clear grounds for legal action.
Contacting You at Work After Being Told to Stop
The Levy case specifically mentions workplace calls despite the consumer informing collectors that her employer prohibited personal calls. Once you tell a debt collector that your employer doesn’t allow such calls or that workplace contact is inconvenient, federal law requires them to stop immediately. Continued workplace contact after this notification violates the FDCPA.
Refusing to Validate Debts
Multiple lawsuits allege that Malcolm S. Gerald continued collection efforts after consumers requested debt validation, without providing the required documentation. When you request validation in writing within 30 days of initial contact, collectors must cease all collection activities until they provide proper verification.
Using Misleading or Deceptive Practices
Some complaints describe collectors hanging up without leaving messages or identifying themselves as debt collectors. Others report false threats about legal consequences. These practices may violate the FDCPA’s requirements for truthful disclosure and prohibition against deceptive practices.
Your Federal Rights Under the FDCPA
The Fair Debt Collection Practices Act gives you powerful protections against Malcolm S. Gerald and all third-party debt collectors:
You Can Stop All Contact: Send a written cease-and-desist letter demanding they stop contacting you. After receiving your letter, they can only contact you to confirm they’ll stop or notify you of specific legal actions.
You Can Demand Debt Validation: Within five days of first contact, collectors must send written notice containing the debt amount, original creditor name, and your dispute rights. You have 30 days to request detailed validation in writing.
You’re Protected from Harassment: Collectors cannot use profane language, threaten violence, call repeatedly to annoy you, or publish your information publicly.
Your Privacy Is Protected: Malcolm S. Gerald cannot discuss your debt with family members, friends, neighbors, or employers. Limited exceptions exist only for locating you—they can ask for your contact information but cannot mention the debt.
You Can Sue for Violations: FDCPA violations entitle you to statutory damages up to $1,000 plus actual damages for emotional distress, attorney fees, and court costs. The violating collector pays all legal fees.
Timing Matters: Collectors cannot call before 8:00 AM or after 9:00 PM, and must stop workplace calls when informed your employer prohibits them or they’re inconvenient.
What to Do When Malcolm S. Gerald First Contacts You
Taking the right steps from the beginning protects your rights and creates documentation for potential legal claims:
Step 1: Don’t Acknowledge the Debt
Never confirm you owe the debt during initial contact. Simply inform them you’re aware of your rights under the FDCPA and will respond in writing. Acknowledging debts—especially old ones—can restart statutes of limitations and create legal obligations.
Step 2: Request Debt Validation in Writing
Send a written validation request within 30 days of Malcolm S. Gerald’s first contact. Your letter should include:
- Your name and the account number they provided
- A clear statement that you dispute the debt
- A request for documentation proving the debt’s validity
- A request for proof that they’re authorized to collect this debt
- The original creditor’s name and contact information
Send via certified mail with a return receipt to prove delivery and timing.
Step 3: Document Every Contact Attempt
Keep detailed records of all communication:
- Date and time of each call
- Phone number used by the collector
- Name of the person who called
- Content of the conversation
- Any threats or abusive language
- Voicemails (save the recordings)
This documentation becomes critical evidence if you pursue legal action.
Step 4: Do Not Make Payments Before Validation
Never pay Malcolm S. Gerald until you’ve received and verified complete debt validation. Paying unverified debts risks paying debts you don’t owe, restarting statutes of limitations on old debts, or paying the wrong collector.
How to Verify if the Debt Actually Belongs to You
Debt validation protects you from paying incorrect, fraudulent, or time-barred debts:
Review the Validation Notice Carefully
Malcolm S. Gerald must send written validation within five days of initial contact. This notice should contain:
- The amount they claim you owe
- The name of the original creditor
- A statement that you have 30 days to dispute the debt in writing
- Information about requesting the original creditor’s name if different
Compare this information against your records. Look for discrepancies in amounts, dates, or creditor names.
Request Complete Documentation
If anything seems incorrect or you don’t recognize the debt, demand complete documentation, including:
- Original creditor account statements
- Documentation showing the debt’s history
- Proof that Malcolm S. Gerald owns the debt or is authorized to collect it
- Payment history, if available
Check Your Credit Reports
Obtain free credit reports from all three bureaus at AnnualCreditReport.com. Verify whether Malcolm S. Gerald or the original creditor reported this debt. Check if the dates, amounts, and creditor information match what Malcolm S. Gerald claims.
Verify the Statute of Limitations
Understanding time-barred debts helps you identify debts beyond your state’s collection period—typically 3-6 years depending on your state and debt type. If the debt is time-barred, collectors cannot legally sue you for it.
Watch for Common Red Flags
Be suspicious if:
- Malcolm S. Gerald cannot provide original creditor documentation
- The debt amount doesn’t match your records
- You’ve never heard of the original creditor
- The debt is very old (beyond your state’s statute of limitations)
- They refuse to send validation despite your written request
How to Stop Malcolm S. Gerald from Calling You
You have several legal options to stop Malcolm S. Gerald from calling you:
Send a Written Cease and Desist Letter
Federal law requires collectors to stop contacting you after receiving a written cease-and-desist demand. Your letter should:
- State clearly: “I am exercising my right under 15 U.S.C. § 1692c to request that you cease all communication with me regarding this alleged debt.”
- Include your name, address, and the account number Malcolm S. Gerald provided
- Be sent via certified mail with return receipt
After receiving this letter, Malcolm S. Gerald can only contact you to:
- Confirm they will stop communication
- Notify you they’re filing a specific lawsuit (not just threatening to sue)
Any other contact violates federal law and creates grounds for legal action.
Limit Contact to Written Communication Only
Instead of requesting complete cessation, you can demand they only contact you in writing. This stops phone calls while keeping a paper trail of their collection efforts.
Report Workplace Calls
If Malcolm S. Gerald calls your workplace, immediately inform them that your employer prohibits personal calls and such contact is inconvenient. Document this conversation with date, time, and the collector’s name. Any subsequent workplace calls violate the FDCPA.
Block Their Phone Numbers
While blocking provides temporary relief, Malcolm S. Gerald may call from different numbers. Block each new number and document the pattern of using multiple numbers to bypass your blocks—this strengthens harassment claims.
Take Legal Action
Contact The Wood Law Firm at 📲 844-638-1122 to immediately stop the harassment while pursuing compensation for violations. We handle all collector communication and build cases for maximum damages.
Can Malcolm S. Garnish Your Wages or Bank Account?
Understanding garnishment rules helps you identify false threats:
Wage Garnishment Requirements
Malcolm S. Gerald cannot garnish your wages without:
- Filing a lawsuit against you in court
- Serving you with a proper legal notice of the lawsuit
- Winning a court judgment proving you owe the debt
- Obtaining a separate wage garnishment order from the court
Exception for Federal Debts: Federal student loans and tax debts allow administrative wage garnishment without court judgments. If Malcolm S. Gerald collects these debt types, different rules apply.
Federal Garnishment Limits
The U.S. Department of Labor establishes federal wage garnishment protections. Federal law caps garnishment at the lesser of:
- 25% of your disposable earnings, or
- The amount by which your weekly disposable earnings exceed 30 times the federal minimum wage
State laws may provide additional protections. Some states have lower garnishment caps or prohibit garnishment for certain income types like Social Security benefits.
Bank Account Levies
Similar to wage garnishment, Malcolm S. Gerald needs a court judgment before freezing or taking money from your bank account. Wage garnishment requires specific legal steps that protect your due process rights.
Identifying False Threats
If Malcolm S. Gerald threatens immediate wage garnishment or bank account seizure without mentioning a lawsuit or judgment, this likely constitutes an illegal threat. Collectors cannot threaten actions they cannot legally take or don’t intend to pursue.
When Malcolm S. Gerald Collects Medical Debts
Malcolm S. Gerald frequently collects medical debts for healthcare providers and hospitals. Medical debt collectors often violate consumer rights because patients don’t understand healthcare billing complexities.
Recent Medical Debt Protections
As of 2023, new rules protect consumers:
- Medical debts under $500 cannot appear on credit reports
- Medical debts must remain unpaid for one year before credit reporting (increased from six months)
- Paid medical collection accounts should be removed from credit reports
Verify Medical Debt Accuracy
Before paying medical debt to Malcolm S. Gerald, confirm:
- Your insurance company processed all claims correctly
- The healthcare provider billed the correct amounts
- You received all applicable discounts or financial assistance
- The amount matches your Explanation of Benefits (EOB) statements
- You’re not being billed for services insurance should cover
Many medical debt disputes arise from insurance processing errors, incorrect billing codes, or providers failing to file insurance claims properly.
What If Malcolm S. Gerald Contacts You About a Paid Debt?
Sometimes collectors pursue debts that consumers already satisfied. When collectors contact you about paid debts, take these steps:
- Request written debt validation
- Gather payment proof (receipts, cancelled checks, bank statements, settlement letters)
- Send copies of payment documentation via certified mail with a clear statement that you paid this debt
- If they reported it to credit bureaus, dispute with all three bureaus providing your payment proof
- If harassment continues after providing proof of payment, file FDCPA complaints and consult an attorney
Never make additional payments on previously satisfied debts without legal consultation. Making payments can complicate your records and create new legal issues.
Responding to a Lawsuit from Malcolm S. Gerald
If Malcolm S. Gerald files a lawsuit against you, immediate action is critical. Never ignore court documents.
Verify the Lawsuit Is Legitimate
Confirm authenticity by:
- Checking court records directly (don’t rely only on documents you received)
- Verifying the case number, filing date, and court location
- Confirming you were properly served according to your state’s rules
Scammers sometimes send fake legal documents to frighten consumers into paying.
File Your Answer on Time
Most states require written responses within 20-30 days of service. Missing this deadline results in default judgments that give Malcolm S. Gerald significant collection powers, including wage garnishment and bank levies.
Your answer should:
- Admit or deny each specific allegation in their complaint
- Raise affirmative defenses, such as the expired statute of limitations
- Assert counterclaims for FDCPA violations if applicable
Examine Their Evidence
Malcolm S. Gerald must prove:
- You owe the debt
- The amount they claim is accurate
- They own the debt or are authorized to collect it
- The statute of limitations hasn’t expired
Many debt collectors struggle to provide complete documentation chains, especially for debts sold multiple times.
Gather Your Documentation
Collect all evidence, including:
- Payment records showing you paid or partially paid the debt
- Correspondence with Malcolm S. Gerald documenting FDCPA violations
- Records of harassment, illegal threats, or improper contact
- Credit reports showing reporting inaccuracies
Get Legal Representation Immediately
Consumer protection attorneys often identify defenses and counterclaims that shift leverage in your favor. Call The Wood Law Firm at 📲 844-638-1122 for immediate lawsuit assistance. We can defend against their claims while pursuing compensation for their violations.
How Collection Accounts Affect Your Credit Score
Debt collectors can damage your credit score by reporting collection accounts, but strict rules govern this process:
Credit Reporting Requirements
Malcolm S. Gerald must:
- Verify the debt is accurate before reporting to credit bureaus
- Investigate disputes within 30 days
- Report the results of their investigation to you and the credit bureaus
- Correct or delete inaccurate information
Your Dispute Rights
You can dispute collection accounts directly with all three credit bureaus (Equifax, Experian, TransUnion). Credit bureaus must investigate within 30 days and remove information they cannot verify.
How Long Do Collections Stay on Reports
Collection accounts remain on credit reports for seven years from the original delinquency date—not from when Malcolm S. Gerald acquired the debt or when they reported it. The seven-year clock cannot be restarted.
Impact on Credit Scores
Collection accounts significantly damage credit scores, typically dropping scores 50-100+ points. However:
- Newer credit scoring models ignore paid collection accounts
- Medical collection accounts under $500 cannot be reported
- Removing inaccurate collections can quickly improve scores
Filing Complaints Against Malcolm S. Gerald & Associates
Multiple agencies accept complaints about debt collector violations:
Consumer Financial Protection Bureau
File online at consumerfinance.gov. The CFPB investigates patterns of illegal behavior and can take enforcement action against collectors. They maintain a public database of complaints that helps identify systemic violators.
Federal Trade Commission
The FTC enforces the Fair Debt Collection Practices Act and accepts consumer complaints. While they may not intervene in individual cases, complaint patterns trigger investigations.
Illinois Department of Financial and Professional Regulation
Since Malcolm S. Gerald operates in Illinois, state regulatory complaints may trigger investigations. Contact them at (888) 473-4858 or through their website.
Your State Attorney General
Many states have debt collection laws stricter than federal requirements. State attorneys general can pursue legal action against violators operating in their states.
Better Business Bureau
While not a regulatory agency, BBB complaints create public records warning other consumers. Malcolm S. Gerald currently maintains an unsatisfactory rating with the Better Business Bureau.
Real Client Success Stories
Case 1: Workplace Harassment Stopped
Amanda received calls from Malcolm S. Gerald at her workplace despite clearly informing collectors that her employer prohibited personal calls. The calls continued 3-4 times per week for three weeks, nearly resulting in her termination. The Wood Law Firm documented 15 separate workplace calls after Amanda’s notification. We secured a $4,800 settlement and stopped all contact within 48 hours of taking the case.
Case 2: Continued Contact After Cease
Thomas sent Malcolm S. Gerald a certified cease-and-desist letter clearly demanding no further contact. Despite receiving the letter (confirmed by return receipt), collectors called him seven additional times over two weeks. These violations provided clear grounds for legal action. The Wood Law Firm obtained $3,200 in statutory damages plus additional compensation for emotional distress. The case resolved within four months.
Case 3: Wrong Person Pursued for Months
Malcolm S. Gerald pursued Elizabeth for a $5,200 debt belonging to someone with an identical name but a different Social Security number and address. Despite Elizabeth providing identification documents proving the error, calls continued for eight weeks. The Wood Law Firm forced Malcolm S. Gerald to properly verify the debt, proved it wasn’t Elizabeth’s, obtained complete removal from her credit report, and secured $3,600 in damages for the harassment and credit reporting violation.
About The Wood Law Firm: Stopping Debt Collector Abuse
The Wood Law Firm has defended consumers against predatory debt collection practices for over 15 years. We focus exclusively on Fair Debt Collection Practices Act, Fair Credit Reporting Act, and Telephone Consumer Protection Act violations.
Our Consumer-First Approach
We understand that debt collector harassment creates real stress and anxiety in your daily life. Our team provides compassionate, personalized representation while aggressively pursuing maximum compensation for violations. Every client works directly with experienced attorneys who understand federal and state consumer protection laws.
Attorney Jeff Wood’s Background
Jeff Wood brings over 15 years of consumer protection experience to every case. Licensed to practice in Arkansas, he represents clients in federal courts across Arkansas, Colorado, New Mexico, Texas, Indiana, Michigan, Missouri, Tennessee, and Wisconsin. His extensive federal court experience includes successfully litigating against major debt collectors, including Malcolm S. Gerald & Associates.
Nationwide Legal Network
The Wood Law Firm maintains Of Counsel relationships with attorneys licensed in Arizona, California, Florida, Louisiana, Minnesota, Missouri, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Washington, and West Virginia. This network ensures comprehensive representation regardless of where you live.
Our Track Record
- A+ Better Business Bureau rating maintained since our founding
- Hundreds of successful FDCPA cases resolved through settlement and litigation
- Millions of dollars recovered in consumer damages and statutory penalties
- Zero upfront costs—all cases handled on a contingency fee basis
- Direct attorney access throughout your entire case
Why Clients Choose Us
No Upfront Costs: You pay nothing unless we win. FDCPA violators pay our attorney fees and your damages by law.
Proven Results: We’ve successfully litigated against Malcolm S. Gerald & Associates and other major collection agencies, securing favorable settlements and judgments for clients.
Personal Service: You communicate directly with your attorney, not paralegals or administrative staff. We keep you informed at every stage of your case.
National Reach: Our Of Counsel network provides experienced representation across multiple states and federal court jurisdictions.
Aggressive Advocacy: We pursue maximum compensation while protecting your rights through every phase of your case.
Stop Malcolm S. Gerald Harassment Today
Don’t let Malcolm S. Gerald & Associates continue violating your rights. Federal law provides powerful tools to stop their abuse and recover compensation for violations.
Get Your Free Consultation Now
Call 📲 844-638-1122 to speak with experienced consumer protection attorneys. During your free consultation, we will:
- Review your situation in complete detail at no cost to you
- Identify specific FDCPA violations Malcolm S. Gerald has committed
- Explain all your legal options clearly and completely
- Stop the harassment immediately upon retention
- Pursue maximum compensation through settlement negotiation or litigation
Important Time Limits: FDCPA claims must typically be filed within one year of violations occurring. Don’t wait—contact us today to protect your rights and hold Malcolm S. Gerald & Associates accountable for their illegal conduct.
Malcolm S. Gerald’s history of 35+ federal lawsuits demonstrates their willingness to push legal boundaries. You deserve better treatment under federal law. Let our experienced team fight for your rights and your peace of mind.
Frequently Asked Questions
How many lawsuits has Malcolm S. Gerald & Associates faced?
Malcolm S. Gerald & Associates has been named as a defendant in over 35 federal lawsuits involving Fair Debt Collection Practices Act violations. These cases include allegations of excessive calling, workplace contact violations, refusal to validate debts, and other illegal collection tactics documented in federal court records.
What phone numbers does Malcolm S. Gerald use?
Malcolm S. Gerald & Associates uses multiple phone numbers, including (312) 922-6500, (800) 265-3796, and (800) 545-1090. Consumers report they also use various local numbers to increase answer rates and bypass call blocking. Document every number they use when contacting you.
How do I stop Malcolm S. Gerald from calling me?
Send a written cease-and-desist letter via certified mail with return receipt clearly stating you demand no further contact. Include your name, address, and the account number they provided. Federal law requires them to stop all contact except to confirm cessation or notify you of specific lawsuits they’re filing.
Can Malcolm S. Gerald contact me at work?
Malcolm S. Gerald cannot contact you at work after you inform them that your employer prohibits such calls or that workplace contact is inconvenient. Federal court case Levy v. Malcolm S. Gerald specifically involved workplace calls continuing after the consumer told them to stop. This violates the FDCPA.
What if Malcolm S. Gerald calls me 10+ times per day?
Document every call with dates, times, phone numbers used, and caller names. Excessive calling with the intent to harass violates federal law. Courts have found patterns of 7-10+ daily calls problematic. Contact The Wood Law Firm immediately at 844-638-1122—we can stop the harassment and pursue damages.
How do I verify a debt Malcolm S. Gerald claims I owe?
Send a written validation request within 30 days of their first contact. Send via certified mail requesting complete documentation proving the debt’s validity, original creditor information, and their authorization to collect. Federal law requires them to cease collection until providing proper validation.
Can Malcolm S. Gerald garnish wages without suing me?
No, except for federal student loans and tax debts. They must file a lawsuit, serve you with notice, win a court judgment, and obtain a separate garnishment order. Federal law limits garnishment to 25% of disposable earnings or less. Threats of immediate garnishment without a judgment likely violate federal law.
What if Malcolm S. Gerald won’t send debt validation?
Federal law requires collectors to send validation notices within five days of initial contact and provide detailed validation when you request it in writing within 30 days. Failure to validate after a proper written request violates the FDCPA. Continue documenting your requests and consult an attorney about legal action.
Is Malcolm S. Gerald accredited by the Better Business Bureau?
No, Malcolm S. Gerald & Associates is not BBB accredited and maintains an unsatisfactory rating. The company has received numerous consumer complaints documented through the BBB over multiple years of operation.
Can Malcolm S. Gerald sue me for old debts?
They can file a lawsuit, but you can defend based on your state’s statute of limitations—typically 3-6 years, depending on debt type and state. If the statute expired, the court should dismiss the case when you raise this defense. Never acknowledge time-barred debts or make payments, as this can restart the limitations period.
What if Malcolm S. Gerald calls about a debt I already paid?
Request written validation and gather all payment proof (receipts, cancelled checks, bank statements, settlement letters). Send copies via certified mail with a clear statement that you satisfied this debt. If they reported it to credit bureaus, dispute with all three bureaus. Continued collection after proving payment violates federal law.
Where do I file complaints about Malcolm S. Gerald?
File with the Consumer Financial Protection Bureau at consumerfinance.gov, the Federal Trade Commission, your state Attorney General, the Better Business Bureau, and the Illinois Department of Financial and Professional Regulation at (888) 473-4858. Multiple complaints create stronger records and may trigger regulatory investigations.
Can Malcolm S. Gerald report to credit bureaus without notifying me?
They must send written notice within five days of initial contact informing you of the debt and your rights. They cannot report information they know is inaccurate. Reporting without proper notice or verification may violate both the FDCPA and Fair Credit Reporting Act.
What damages can I recover for FDCPA violations?
You can recover statutory damages up to $1,000 per lawsuit (not per individual violation), actual damages for emotional distress and financial losses, plus attorney fees and court costs. The violating collector pays all attorney fees by law. Multiple violations strengthen your case and may increase actual damages awarded.
Why contact The Wood Law Firm about Malcolm S. Gerald?
We specialize in stopping debt collector harassment and recovering damages for FDCPA violations. With over 15 years of experience, an A+ BBB rating, and successful litigation against Malcolm S. Gerald & Associates, we offer free consultations and work on contingency—you pay nothing unless we win. Call 844-638-1122 today.
