Lawsuit Picks at Alleged Issues in Enhanced Recovery Company Debt Collection Letters

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A proposed class action lawsuit filed by two Wisconsin consumers against Enhanced Recovery Company, LLC takes issue with collection notices that allegedly violate federal debt collection law.

The first plaintiff charges that the letter she received from the defendant on February 6, 2017 was wholly confusing and misleading, as it made it unclear whether she needed to pay her entire $1,743.56 balance or only a minimum $252 payment to remove her account from delinquency. The complaint asserts the defendant’s inclusion of two separate dollar amounts leaves consumers like the plaintiff unable to determine, or confused as to, which amount the company is attempting to collect.

The second plaintiff’s allegations pertain to a March 2017 collection notice in which the woman claims Enhanced Recovery made her a settlement offer the company said it was “not obligated to renew” and for which it asked for payment by April 5, 2017. The lawsuit argues such a deadline violates the plaintiff’s FDCPA rights, as it “requires the consumer to tender a payment within the validation period or shortly thereafter, but does not explain how the validation notice and settlement ‘deadline’ fit together.” In essence, the case says, the defendant’s settlement offer may confuse the consumer about whether accepting the deal would be foregoing her FDCPA right to request debt validation.