Class Action FDCPA Violations Lawsuit Filed Over Threatening Debt Collection Letter

Enhanced Recovery Company LLC is facing a class action FDCPA violations lawsuit from a New York man alleging the debt collection company had violated federal and state privacy laws to harass him over an alleged consumer debt.

The man filed the class action FDCPA violations lawsuit on behalf of himself and others similarly situated, who also may have faced unfair debt collection practices.

Plaintiff James Ford sought class action status for his FDCPA violations lawsuit, after discovering over 35 other New York residents had received similar debt collection letters.

Ford alleges these debt collection letters were allegedly worded in a threatening manner, deliberately designed to confuse and intimidate consumers into paying alleged debts without providing them ways to dispute the debt. Ford’s letter was no exception, and had received a debt collection letter from Enhanced Recovery on Aug. 8, 2017, stating he owed a consumer debt.

This was the first form of communication Ford received from the debt collection company, with the letter threatening that Ford’s account may be reported to the credit bureaus if not quickly paid. The letter also stated that “payment of the offered settlement amount will stop collection activity on this matter.”

Ford claims that at no point in the debt collection letter did it give Ford the option to dispute the debt, or provide any kind of validation of debt including the name of the original creditor. Ford alleges this letter was deliberately worded to confuse and intimidate consumers, prompting him to file legal action.

According to the class action FDCPA violations lawsuit, Ford had incurred the debt for household expenditures and had fallen behind in scheduled payments at some point. His debt was eventually transferred to Enhanced Recovery, which operates as a debt collection company for various parties.

As a debt collection company operating in the state of New York, Enhanced Recovery is obligated to follow both federal and state laws when trying to collect debts from consumers.

Overview of FDCPA Policy

The FDCPA (Fair Debt Collection Practices Act) was first passed into federal law by Congress in 1978 to help consumers combat aggressive debt collectors. While debt collection is not necessarily illegal, the FDCPA prohibits these companies from using abusive or intimidating tactics on consumers to get payment.

In addition, the FDCPA also requires debt collectors to provide proof or validity of the debt and give consumers the option of disputing the debt. Under the FDCPA, a debt collection letter must contain the following in order to comply with federal law:

• The exact amount of the debt
• The original name of the creditor that the debt is owed to
• Statement that tells consumers they have up to 30 days to dispute the validity of the debt, otherwise the debt will be considered valid
• Statement must also promise a response if the debt is disputed, by providing means of validity or verification of the debt

By sending the allegedly threatening debt collection letter, Enhanced Recovery violated state and federal debt collection laws. Ford is filing this class action FDCPA violations lawsuit on behalf of himself and others similarly situated, seeking damages for federal law violations and emotional distress.

This class action FDCPA Violations Lawsuit is James Ford v. Enhanced Recovery Company LLC, Case No. 1:17-cv-06495-WFK-PK, in the U.S. District Court of Eastern New York.

Join a Free New York Unfair Debt Collection Class Action Lawsuit Investigation

If you live in New York and a lender or debt collector engaged in unfair debt collection practices, you may have a legal claim and could be owed compensation for violations of the Fair Debt Collection Practices Act (FDCPA).

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DISCLAIMER: Debt collection itself is not illegal. However, debt collection firms collecting on consumer debts must adhere to the FDCPA. Even though debt attorneys are investigating these companies, their debt collection practices may be legal.