FDCPA Lawsuit Filed Against Enhanced Recovery Company
by Erin Shaak
Last Updated on May 8, 2018
Urena v. Enhanced Recovery Company, LLC
Filed: March 28, 2017 ◆§ 1:17-cv-01721
A lawsuit claims Enhanced Recovery Company, LLC violated provisions of the Fair Debt Collection Practices Act in collection letters sent to proposed class members.
A proposed class action lawsuit claims Enhanced Recovery Company, LLC violated provisions of the Fair Debt Collection Practices Act in collection letters sent to the plaintiff and proposed class members. According to the complaint, the plaintiff received a letter from the debt collection agency stating the following: “Pay the settlement amount of $596.96 (60% of your balance) by 04/21/2016. Your account will be settled and collection efforts will cease.” The suit argues that the letter used misleading language to produce “a false sense of urgency” and that the unsophisticated consumer would be led to believe that the settlement offer would only be valid for a limited time. According to the complaint, this language was meant to entice the consumer into paying off the alleged debt before a named deadline, “when in reality, there is no such time limit.” The suit further argues that the defendant failed to note whether the account balance included interest or whether interest will continue to accrue if the plaintiff does not make a payment.
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