Lawsuit Claims Enhanced Recovery Obfuscated Consumer’s Right to Dispute Debt

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Enhanced Recovery Company, LLC faces allegations that it mailed a consumer a debt collection notice in early February 2017 in which it threatened to report the plaintiff’s account to the national credit bureaus without clarifying her dispute rights under the Fair Debt Collection Practices Act (FDCPA). The lawsuit claims the defendant’s letter employed a “tactic to scare” the plaintiff and to impart a sense of urgency, as the notice reportedly fails to explain that even if Enhanced Recovery reported the woman’s account to the credit reporting companies, she would still be allowed to dispute her debt within the 30-day window afforded under the FDCPA.

“The implication of the language in the said letter would lead the least sophisticated consumer to ignore his or her right to use the legally allotted thirty days to validate the debt and act immediately,” the complaint asserts, calling the language in the defendant’s notice misleading.