Enhanced Recovery Company Lawsuit Alleges TCPA Violations

A new Enhanced Recovery Company lawsuit was filed on Jan, 2, 2018 in U.S. District Court for the Middle District of Florida, Jacksonville Division.

The plaintiff, Lorraine L., is seeking the establishment of her legal action as a class action lawsuit alleging violations of the Telephone Consumer Protection Act (TCPA) against herself and others similarly situated.

She hopes to be approved as class representative of this Enhanced Recovery Company Lawsuit by the federal court system.

Lorraine L. is a citizen and resident of the state of Arizona, City of Fort Mojave. The plaintiff claims that defendant Enhanced Recovery Company is a debt-collecting enterprise that regularly uses auto-dialing telephone technology. She alleges in her Enhanced Recovery Company lawsuit that this debt collector has routinely placed calls to her cellular phone without permission.

She also alleges that they have placed calls to the cellular phones of many other consumers nationwide without their permission. She also claims that, expressly against the stipulations of the TCPA, the defendant uses an auto telephone dialing system which can store phone numbers or sequentially generate them for the purposes of cellular phone contact.

According to the common facts section of this Enhanced Recovery Company lawsuit, there have been numerous complaints from consumers regarding autodialed calls to cellular phones.

The content of these complaints indicate that effort was not made on the part of the defendant to verify the identity of the cellular subscriber and get permission to make this contact. One complaint referred to the numerous phone calls he or she received as “borderline harassment.”

The Plaintiff’s Story

Lorraine says in the narrative of this legal complaint that she started receiving ATDS phone calls to her cellular phone during the month of December 2016.

All phone calls were initiated from one originating phone number belonging to the Enhanced Recovery Company, she says. The plaintiff says she received a total of 12 calls which were immediately terminated upon her answering—a big indicator of ATDS use—by February 2017.

In the legal narrative, the plaintiff says that she had never given her permission to be contacted via her cellular phone by the defendant. She also clearly stated that she had never incurred any debt owed to them at any time.

Lorraine accuses the debt-collecting company of causing her harm in numerous ways. Some of this harm was purely emotional by causing aggravation and annoyance.  Other harm, she contends, was financial in nature. The repeat phone calls drained her cellular battery and used up data and minutes paid for from her cellular carrier.

Lorraine brings one count of violation of the TCPA against the defendants. She is asking for a trial by jury, injunction to prevent the defendant from continuing in such harassing activity, and an award of actual and statutory damages to be paid into a common class fund.

The Enhanced Recovery Company Lawsuit is Case No. 3:18-cv-00001-HLA-JBT in U.S. District Court, Middle District of Florida, Jacksonville Division.

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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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