Enhanced Recovery Company Faces TCPA Lawsuit

Enhanced Recovery Company LLC is facing a new TCPA lawsuit from a Georgia woman alleging she received numerous unwanted cellphone calls from the business. Based on the sheer number of calls placed, Enhanced Recovery Company is being accused of using an automated dialing system to violate the claimant’s privacy.

Plaintiff Courtney P. is filing this TCPA lawsuit against Enhanced Recovery Company, alleging the company used an illegal automated dialing system to make these calls without her consent.

Enhanced Recovery Company is a debt collection company that operates in multiple locations throughout the country, and reportedly tried to contact Courtney over an alleged third party debt.

According to the TCPA lawsuit, Enhanced Recovery Company placed approximately 75 calls to Courtney trying to collect on the alleged debt. Over the last four years, Courtney  received these calls and asked several times for the company to stop.

Enhanced Recovery Company allegedly ignored Courtney’s requests that they stop calling. Courtney alleges these calls were placed frequently enough to harass her, with an artificial voice reportedly responding when the call was answered.

Courtney says she had no prior business relationship with Enhanced Recovery Company. She says she informed the company in March 2017 they had the wrong number and that they should stop calling. Courtney was eventually forced to file legal action against Enhanced Recovery Company, alleging multiple violations against federal privacy laws.

Overview of TCPA Policy

The TCPA (Telephone Consumer Protection Act) was enacted in the early 1990s to help protect consumers against aggressive telemarketing tactics. Under the TCPA, businesses are prohibited from using an automated dialing system to look up and place calls to phone numbers, unless they have prior consent from the person being called to contact them in that manner.

The TCPA has since been amended to include spam text messages as violations, with the prohibition still applying to unwanted faxes. In addition, businesses are also restricted in how they can use an artificial or pre-recorded voice in outgoing calls.

The TCPA also requires businesses to keep and respect their own do-not-call-registry of consumers who have asked not to be contacted, which must be honored for up to five years.

Other TCPA policy requirements include not contacting consumers outside of reasonable daylight hours, and not calling emergency service numbers. Companies found to be in violation of the TCPA can face between $500 to $1,500 in statutory damages per unwanted call or text.

Consumers looking to file a TCPA lawsuit should keep sufficient documentation of suspicious phone calls or texts including:

• Time and date of call or texts
• Whether or not a live representative made contact
• How many calls were placed from the same number
• Summary of call

Courtney is filing this TCPA lawsuit against Enhanced Recovery Company seeking damages for every spam call made to her cellphone, along with any additional damages.

The TCPA Lawsuit is Case No. 3:17-cv-00165-CDL, in the U.S. District Court for the Middle District of Georgia, Athens Division.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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