Malcom S Gerald Group Debt Collection Harassment

Malcolm S. Gerald & Associates contacts consumers about unpaid debts on behalf of debt buyers like LVNV Funding, healthcare providers, municipalities, and utility companies. The company is a real, licensed debt collector, and most of its calls are lawful.

Some consumers, however, have reported excessive calling, workplace contact after being told to stop, and other tactics that, if accurate, may cross the line set by the Fair Debt Collection Practices Act (FDCPA).

Court filings show Malcolm S. Gerald & Associates has been named as a defendant in dozens of federal FDCPA lawsuits over the years. That litigation history doesn’t mean every call you receive is illegal, but it does mean you should know your rights before you talk to them again.

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 still operating. The company acts primarily as a contingency collector, meaning debt buyers and original creditors, including debt buyers like LVNV Funding, hire the company to recover outstanding balances rather than the company purchasing debt outright. The company is headquartered in Chicago, Illinois, with offices reported at:

• 332 South Michigan Avenue, Suite 600, Chicago, Illinois 60604
• 111 W Washington St, Suite 450, Chicago, IL 60602-2817

Phone numbers associated with the company: 312-922-6500 | (312) 922-6500 | +1 312-922-6500, also 800-265-3796 | (800) 265-3796 | +1 800-265-3796, and 800-545-1090 | (800) 545-1090 | +1 800-545-1090. The company reportedly employs between 250 and 499 debt collectors and handles accounts for debt buyers, healthcare providers, municipalities, utility companies, and service businesses.

Malcolm S. Gerald & Associates is not accredited by the Better Business Bureau. Consumers can review the company’s current complaint volume and rating directly on its BBB profile, since ratings and complaint counts change over time.

Consumer reviews are also publicly viewable on the company’s Yelp listing, and a general overview of the company’s history is available in this consumer-focused video. We haven’t independently verified every claim in third-party reviews or videos, so treat them as a starting point for your own research, not as a substitute for it.

Malcolm S. Gerald’s Federal Court History

Public court dockets show that Malcolm S. Gerald & Associates has been named as a defendant in more than 35 federal lawsuits alleging FDCPA violations. Documented cases include:

• Holzman v. Malcolm S. Gerald & Associates, Inc., No. 16-16511 (11th Cir. 2019). The plaintiff alleged a collection letter, sent on behalf of debt buyer LVNV Funding, misrepresented a time-barred debt by offering a discounted “balance reduction” without disclosing the debt was too old to sue on. The Eleventh Circuit reversed the dismissal of the FDCPA claim and allowed it to proceed.
• Dolgust v. Malcolm S. Gerald & Associates, Inc., a federal FDCPA case against the company. Docket details are available through PacerMonitor for consumers who want to review the filing directly.

In our practice, cases like Holzman are exactly why we ask new clients for every letter and voicemail from a collector, not just the ones that seem obviously aggressive. A settlement or “balance reduction” offer that omits the debt’s time-barred status can itself be the violation, even when the letter’s tone sounds routine.

The Eleventh Circuit’s reasoning in Holzman built on a broader line of federal appellate cases addressing deceptive time-barred debt letters, including a Fifth Circuit decision that cited Holzman when reaching a similar result against a different collector.

Separately, the Eleventh Circuit’s ruling in Hunstein v. Preferred Collection and Management Services, while not a case against Malcolm S. Gerald & Associates, addressed a related issue: whether sharing a consumer’s debt information with a third-party mail vendor can itself violate the FDCPA.

That question matters for any collector, including this one, that outsources letter printing and mailing to an outside vendor.

Because case captions and docket numbers change over time, we’re not listing additional case names here without a verifiable citation. If you want to review Malcolm S. Gerald & Associates’ full litigation history yourself, you can search PACER (Public Access to Court Electronic Records) using the company’s name as a party. A pattern of federal litigation like this is useful context, but it isn’t proof of what happened on your specific account, and an attorney reviewing your call logs and correspondence is the only way to know whether you have a claim.

Debt Collection Tactics That May Violate Federal Law

Federal law sets firm limits on what any debt collector, including Malcolm S. Gerald & Associates, can do. The tactics below describe what the FDCPA prohibits generally and what some consumers have reported in public complaints and court filings. This is not a claim that Malcolm S. Gerald & Associates has engaged in any specific conduct against you.

Excessive or Repeated Phone Calls

Federal law doesn’t set an exact number of calls that automatically counts as harassment, but courts have found repeated daily calling, particularly patterns of seven or more calls a day, excessive when combined with an apparent intent to annoy. If you’re receiving a high volume of calls, documenting the calls properly creates the evidence a potential claim would need.

Calling Outside Legal Hours

Federal law prohibits debt collectors from calling before 8:00 a.m. or after 9:00 p.m. in your local time zone. If you’ve received calls outside that window, calls made outside legal hours may support a claim on their own.

Contacting You at Work After Being Told to Stop

Once you tell a debt collector, verbally or in writing, that your employer prohibits personal calls or that workplace contact is inconvenient, federal law requires them to stop. Continued workplace contact after that notice is a standalone violation.

Continuing to Collect After a Validation Request

When you request debt validation in writing within 30 days of first contact, a collector must pause all collection activity until it provides proper documentation. Continuing to call, or reporting the debt to credit bureaus, during that window may violate federal law.

Misleading or Deceptive Practices

Federal law prohibits a collector from failing to identify itself as a debt collector, making false threats about legal consequences, or misrepresenting the amount or status of a debt.

Your Federal Rights Under the FDCPA

The Fair Debt Collection Practices Act gives you meaningful protections against Malcolm S. Gerald & Associates and any third-party debt collector:

• You can stop contact. A written cease-and-desist letter generally limits further contact to confirming they’ll stop or notifying you of a specific lawsuit.
• You can demand debt validation. Collectors must send written notice within five days of first contact, and you have 30 days to request detailed validation in writing, a requirement detailed in the CFPB’s Regulation F, which implements the FDCPA.
• You’re protected from harassment. Collectors cannot use profane language, threaten violence, or call repeatedly with intent to annoy.
• Your privacy is protected. A collector generally cannot discuss your debt with family, friends, neighbors, or employers, beyond asking for help locating you.
• You may be entitled to damages for violations. Statutory damages up to $1,000 per lawsuit, plus actual damages, attorney’s fees, and court costs, are available where a violation is proven.

What to Do When Malcolm S. Gerald & Associates First Contacts You

Don’t Acknowledge the Debt on the Phone

Avoid confirming you owe the debt during an initial call. State that you’re aware of your rights under the FDCPA and will respond in writing. Acknowledging an old debt can, in some states, restart the statute of limitations.

Request Debt Validation in Writing

Send a written validation request within 30 days of first contact, by certified mail with a return receipt. Include your name, the account number provided, a clear dispute of the debt, and a request for documentation proving the debt’s validity and the company’s authority to collect it.

Document Every Contact

Record the date, time, phone number, caller’s name, and content of every call, along with any threats or abusive language. Save voicemails. This record becomes the evidence for any future claim.

Don’t Pay Before Validation

Paying an unverified debt risks paying a debt you don’t actually owe, restarting the statute of limitations, or paying the wrong company entirely.

How to Verify Whether the Debt Actually Belongs to You

Review the validation notice carefully. It should list the amount claimed, the original creditor’s name, and a statement of your 30-day dispute window. Compare it against your own records for discrepancies in amounts, dates, or creditor names.

Request complete documentation if anything looks wrong, including original account statements, the debt’s payment history, and proof that Malcolm S. Gerald & Associates owns or is authorized to collect the debt.

Check your credit reports at AnnualCreditReport.com to confirm the dates, amounts, and creditor information match what’s being claimed.

Check the statute of limitations. Time-barred debts generally can’t support a lawsuit, though collectors may still attempt to collect them. Limitation periods typically run 3 to 6 years depending on your state and the type of debt.

Watch for red flags: no original creditor documentation, an unfamiliar creditor name, an amount that doesn’t match your records, or a refusal to send validation after a proper written request.

How to Stop Malcolm S. Gerald & Associates From Calling You

Send a Written Cease-and-Desist Letter

State clearly that you’re exercising your right under 15 U.S.C. § 1692c to demand they cease all communication regarding the debt. Include your name, address, and the account number provided, and send it by certified mail with a return receipt. After receipt, further contact should be limited to confirming cessation or notifying you of a specific lawsuit being filed.

Limit Contact to Writing Only

Instead of full cessation, you can demand written-only communication. This stops the calls while preserving a paper trail.

Document Workplace Calls

If they call your workplace, tell them your employer prohibits personal calls, and record the date, time, and caller’s name. Any further workplace call after that notice is a documented violation.

Talk to an Attorney

If documentation shows a pattern of unlawful contact, The Wood Firm PLLC reviews these cases on contingency. Call +1-844-638-1122 for a free case review.

Can Malcolm S. Gerald & Associates Garnish Your Wages or Bank Account

Malcolm S. Gerald & Associates cannot garnish your wages without first filing a lawsuit, serving you with notice, winning a court judgment, and obtaining a separate garnishment order. The exception is federal debts like student loans or tax obligations, which allow administrative garnishment without a court judgment.

Under federal law, garnishment is capped 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, according to the U.S. Department of Labor. Some states set lower caps or exempt certain income, such as Social Security benefits. Bank account levies follow a similar rule: a court judgment must come first.

If Malcolm S. Gerald & Associates threatens immediate wage garnishment or a bank levy without mentioning a lawsuit or judgment, that threat may itself be a false representation the FDCPA prohibits. See our guide on wage garnishment without warning for the specific legal steps a collector has to follow.

When Malcolm S. Gerald & Associates Collects Medical Debt

The company reportedly collects medical debts for healthcare providers and hospitals. Because medical billing is complicated, medical debt collection is a common source of disputes.

Under current credit reporting rules, medical debts under $500 generally cannot appear on your credit report, unpaid medical debt must remain unpaid for at least one year before it can be reported, and paid medical collection accounts should be removed from your report. Before paying a medical debt, confirm your insurer processed all claims, the provider billed the correct amount, and the balance matches your Explanation of Benefits statement.

If Malcolm S. Gerald & Associates Contacts You About a Debt You Already Paid

Request written validation, then gather your payment proof, receipts, cancelled checks, bank statements, or a settlement letter. Send copies by certified mail with a clear statement that the debt was paid. If it was reported to credit bureaus, dispute it with all three, attaching your proof. Continued collection after you’ve documented payment may violate federal law. Don’t make an additional payment on a debt you’ve already satisfied without talking to an attorney first.

Responding to a Lawsuit From Malcolm S. Gerald & Associates

If Malcolm S. Gerald & Associates sues you, respond, don’t ignore it. Ignoring a lawsuit typically results in a default judgment, giving the company collection powers including wage garnishment without any further hearing.

• Verify the lawsuit is real. Confirm the case number, filing date, and court directly with the court, rather than relying only on documents you received.
• File your answer on time. Most states require a written response within 20 to 30 days of service. Your answer can admit or deny each allegation and raise defenses like an expired statute of limitations.
• Make them prove their case. They must show you owe the debt, the amount is accurate, they’re authorized to collect it, and the statute of limitations hasn’t run. Debts sold multiple times often have gaps in this documentation.
• Gather your own records: payment history, correspondence documenting possible FDCPA violations, and any credit report inaccuracies.

A consumer protection attorney can identify defenses and potential FDCPA counterclaims that may shift leverage in a pending case. Call +1-844-638-1122 for immediate help if you’ve been served.

How a Collection Account Affects Your Credit Score

A collector must verify a debt is accurate before reporting it, investigate disputes within 30 days, and correct or delete information it can’t verify. You can dispute a collection account directly with Equifax, Experian, and TransUnion, and each bureau must investigate within 30 days.

Collection accounts generally stay on your credit report for seven years from the original delinquency date, a clock that a collector acquiring or reporting the debt later cannot restart. Newer credit scoring models discount paid collection accounts, and accurate corrections can improve a score relatively quickly.

Where to File a Complaint About Malcolm S. Gerald & Associates

• Consumer Financial Protection Bureau: file online at consumerfinance.gov.
• Federal Trade Commission: the FTC accepts debt collection complaints and uses complaint patterns to trigger investigations.
• Illinois Department of Financial and Professional Regulation: (888) 473-4858, since the company is based in Illinois.
• Your state attorney general’s office, which may enforce state-level debt collection laws stricter than federal minimums.
• Better Business Bureau: not a regulator, but a public complaint record.

Why Work With The Wood Firm PLLC

The Wood Firm PLLC has focused exclusively on consumer protection for more than 15 years, handling FDCPA, FCRA, and TCPA cases on a contingency basis. We represent consumers only and have never represented a creditor or debt collector. We take these cases at no upfront cost, and if the case succeeds, the collector, not you, pays our fees.

Attorney Jeff Wood brings more than 15 years of consumer protection experience to every case. He’s licensed in Arkansas and admitted to practice in federal courts across Arkansas, Colorado, New Mexico, Texas, Indiana, Michigan, Missouri, Tennessee, and Wisconsin. The firm also 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, extending representation to consumers in those states.

Frequently Asked Questions

How many lawsuits has Malcolm S. Gerald & Associates faced

Public court records show the company has been named as a defendant in more than 35 federal lawsuits alleging FDCPA violations. That history doesn’t establish wrongdoing in any individual case, but it’s useful context if you’re evaluating your own situation.

What phone numbers does Malcolm S. Gerald & Associates use

Reported numbers include (312) 922-6500, (800) 265-3796, and (800) 545-1090. Some consumers report calls from additional local numbers as well. Document every number that contacts you.

How do I stop Malcolm S. Gerald & Associates from calling me

Send a written cease-and-desist letter by certified mail with a return receipt, including your name, address, and their account number. After receipt, further contact should generally be limited to confirming cessation or notifying you of a specific lawsuit.

Can Malcolm S. Gerald & Associates contact me at work

Not after you tell them your employer prohibits personal calls or that workplace contact is inconvenient. Continued workplace contact after that notice may violate the FDCPA.

What if I’m receiving many calls a day

Document every call’s date, time, number, and content. Courts have found patterns of seven or more daily calls potentially excessive when combined with an apparent intent to harass. Call +1-844-638-1122 to have your documentation reviewed.

Can Malcolm S. Gerald & Associates garnish my wages without suing me first

Generally no, with the exception of federal student loan or tax debts. A private collector must sue, serve you, win a judgment, and obtain a separate garnishment order first.

Is Malcolm S. Gerald & Associates accredited by the Better Business Bureau

No. The company’s BBB profile has historically reflected an unsatisfactory rating and complaint volume. Check the BBB’s current listing directly for up-to-date information.

What damages can I recover for an FDCPA violation

Statutory damages up to $1,000 per lawsuit, plus actual damages for documented financial or emotional harm, attorney’s fees, and court costs, where a violation is proven.

If you believe Malcolm S. Gerald & Associates has called excessively, contacted your workplace after being told to stop, or ignored a validation request, that may be worth a closer look. Contact us online or call +1-844-638-1122 for a free case review.