Enhanced Recovery Company Failed to Name Consumer’s Original Creditor, Lawsuit Claims

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A proposed class action filed in New York claims Enhanced Recovery Company, LLC mailed the plaintiff a collection notice in which the debt collector falsely stated the Brooklyn man’s original creditor. According to the 12-page complaint, the defendant listed the plaintiff’s original creditor as “Upromise MasterCard,” an entity the case says is neither a bank nor lender of credit. Further, the lawsuit says the defendant’s November 2016 collection notice stated “Creditor: Barclays Bank Delaware” without indicating to the plaintiff whether Barclays is the man’s original or current creditor.

“A debt collector has the obligation not just to convey the name of the creditor to whom the debt is owed, but also to convey such information clearly,” complaint asserts. “Mere allusions to the creditor’s identity are insufficient. The letter must specifically and clearly identify the creditor of the collection account.”