Enhanced Recovery Company Eyed With Class Action Over ‘Collection Ploy’

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Enhanced Recovery Company, LLC is the defendant in a proposed class action filed in New York that claims it violated the Fair Debt Collection Practices Act (FDCPA) throughout some of its communications with consumers. The plaintiff claims the defendant sent her a collection notice in which it purported to provide a settlement offer with an expiration date within the woman’s 30-day debt validation window. According to the lawsuit, Enhanced Recovery violated the FDCPA because its settlement offer letter, when read as a whole, falsely indicated the company had come to an agreement with the plaintiff to settle her obligation for less than the full amount owed.

“[The defendant’ attempted to mislead [the plaintiff] into believe that a deal had been reached, thereby pressuring [the plaintiff] to make good on her alleged promise,” the case says. “In the alternative, this is a collection ploy to urge the least sophisticated consumer to call [the defendant] and this be subject to more pressing collection efforts.”