Enhanced Recovery New Jersey Debt Collection Letter FDCPA Class Action

The complaint for this class action takes issue with a letter sent by Enhanced Recovery Company, LLC, in its efforts to collect a debt from plaintiff Gladys Espinal. The complaint alleges that the letter did not contain all information that it was required to under the Fair Debt Collection Practices Act (FDCPA) and that it was confusing to Espinal.

The class for this action is all New Jersey consumers and their successors in interest who have received debt collection letters from Enhanced Recovery which are in violation of the FDCPA as described in this complaint.

Espinal allegedly incurred a consumer debt to Time Warner Cable for $650.61, which eventually became past due. According to the complaint, Time Warner Cable sent the debt for collection to Enhanced Recovery Company.

On or about August 1, 2016, the complaint claims, Enhanced Recovery sent its first communication to Espinal, which was a collection letter showing a balance due of $650.61.

The front of the collection letter included a statement saying, “Unless you dispute the validity of the debt, or any portion thereof, within (30) days after your receipt of this notice, the debt will be assumed to be valid by us.” This wording, the complaint says, is similar to the notice of verification rights required under 15 U.S.C. §1692g(a), in subsection (3), but did not contain the notice required under subsections (4) or (5) of the law.

The complaint alleges that the back of the letter did include a notice that complied with all the provisions required, but claims that the limited notice on the front implied a confusing emphasis on Espinal’s need to dispute the debt. The complaint claims that such an emphasis could lead the least sophisticated consumer to believe that that statement was more important than the other provisions of the required notice.

The complaint also alleges that the letter did not contain Enhanced Recover’s “true name” and only referred to “ERC”.

In addition, the letter says, “A portion of your balance may include fees due to unreturned Time Warner Cable equipment” but did not give Espinal any idea as to the amount of the fees or the particular equipment.

The complaint claims that the purpose of the FDCPA is to allow consumers to make informed, intelligent choices in the debt collection process, but that Enhanced Recovery’s confusing letter did not allow this. It claims that it is Enhanced Recovery’s “pattern and practice” to send such confusing letters in violation of the FDCPA.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Enhanced Recovery New Jersey Debt Collection Letter FDCPA Complaint

August 1, 2017

The complaint for this class action takes issue with a letter sent by Enhanced Recovery Company, LLC, in its efforts to collect a debt from plaintiff Gladys Espinal. The complaint alleges that the letter did not contain all information that it was required to under the Fair Debt Collection Practices Act (FDCPA) and that it was confusing and did not allow Espinal to make intelligent choices about her debt.

enhanced_recovery_fdcpa_complaint.pdf

Case Event History

Enhanced Recovery New Jersey Debt Collection Letter FDCPA Complaint

August 1, 2017

The complaint for this class action takes issue with a letter sent by Enhanced Recovery Company, LLC, in its efforts to collect a debt from plaintiff Gladys Espinal. The complaint alleges that the letter did not contain all information that it was required to under the Fair Debt Collection Practices Act (FDCPA) and that it was confusing and did not allow Espinal to make intelligent choices about her debt.

enhanced_recovery_fdcpa_complaint.pdf
Tags: Debt Collectors Hiding Their Identity, Unlawful Debt Collection