This article was written by Lemberg Law staff, and reviewed by Sergei Lemberg, the managing attorney of Lemberg Law.
Enhanced Recovery Company, LLC or ERC is a third-party collection agency based in Florida. ERC has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA), such as using false or misleading information in an effort to collect a debt and attempting to collect debts not owed. If ERC has contacted you about delinquent financial obligations, make sure you know your rights before you take action.
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They’re legit. According to the Better Business Bureau (BBB), Enhanced Recovery Company, LLC was founded in 2001 and incorporated in 2010.The BBB established a profile page for ERC in 2002, and ERC has been a BBB-accredited business since 2007. The BBB lists Enhanced Recovery Company as a collection agency and market research company that uses the alternate business name, Enhanced Resource Centers. Buzzfile estimates ERC’s annual revenue at $102 million and the size of its headquarters staff at 772 employees, with an estimated total of 2,500 employees across all locations.
According to its website, Enhanced Recovery Company “is an international business process outsourcing (BPO) and full-service, end-to-end provider for every aspect of the customer lifecycle, including debt collection.” ERC “delivers the best customer experience and results possible on behalf of…clients by connecting them to the most unrivaled talent and technology that the world has to offer, domestically and internationally.”
Enhanced Recovery Company’s collections division works on behalf of a number of different creditors, with clients from many industries including telecommunications; utility service providers; banks and credit unions; financial service providers; cable television service providers; and education lenders. In its capacity as a provider of third-party debt collection, ERC accepts contracts from both original creditors and debt purchasers. However, ERC does not own any of the debts it collects and is not classified as a debt purchaser.
Enhanced Recovery Company provides pre-charge-off recovery services that feature a “different kind of dialog that…converts casual customers into loyal clients.” Their post-charge-off collections division “specializes in later stage accounts, secondary through warehouse,” using innovations “to recover cash with a combination of analytics, scoring models, and a completely different script…that delivers success across all…industries.”ERC’s BPO services also include divisions focused on Acquisition and Customer Onboarding; Customer Care & Loyalty; and Premium Technical Support. These divisions employ market research; targeted prospect list and data mining lead generation; new acquisition up-sell and cross-sell; win backs; fulfillment; welcome calls; and more.
In addition to 4 U.S. office locations, ERC also hosts call centers in India and South Africa. ERC’s corporate site includes a page with its Social Responsibility Statement. Their Consumer site includes a Frequently Asked Questions Page with information about the FDCPA and links to the Federal Trade Commission and other sites that provide information about consumer debt collection.
Who are we? We are Lemberg Law, a Consumer Law Firm
Lemberg Law is a consumer law firm helping victims of collection harassment and abuse. We are ranked A+ by the BBB. We’ve helped more than 15,000 consumers stop harassment and recover money from debt collectors. Harassed? Abused? Misled by a collector? Call our Helpline today! There is no charge unless we win.
As of October 2019, the BBB has closed 1,219 complaints against Enhanced Recovery Company in the preceding 3 years, with 316 complaints closed in the previous 12 months. Most of those complaints alleged problems with billing and collections, although 112 complaints also cited problems with customer service. As of July 2013, the Consumer Financial Protection Bureau (CFPB) has closed 7,087 complaints involving ERC. Justia lists at least 20 cases of civil litigation involving ERC.
Enhanced Recovery Company
8014 Bayberry Road
Jacksonville, FL 32256
Phone Number: 800-942-0015
It is illegal for a debt collector to make empty threats to sue you or garnish your wages. It is also unlikely ERC would sue you for a debt you may not owe or they cannot validate. However, debt collection agencies are known to have summoned debtors to court and garnish wages after a default judgement. Contacting an attorney BEFORE this could possibly happen would be a smart move. We’ve helped thousands of consumers fight back against unscrupulous debt collection harassers. Find out if we can help you too today!
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Unlawful Debt Harassment? Learn the Law & Sue the Collector.
Absolutely. You can sue a debt collector. Here is a Sample Case Filed in Federal Court:
In May 2012, in the United States Court of Appeals for the Seventh Circuit, a judge issued a decision in a case alleging Enhanced Recovery Company had violated certain provisions of the Telephone Consumer Protection Act (TCPA). In the original case, the plaintiff had incurred a debt with a cell phone company. The plaintiff ultimately defaulted on the debt, and it was sent to ERC for collection. When ERC assigned the debt for collection it went to a call center that uses an Automated Telephone Dialing System (ATDS) that dials numbers autonomously until a human voice comes on the line, at which point a bill collector takes the call and begins negotiations. In this case, the number assigned to the account that ERC was attempting to collect had been reassigned to a different person by the time they began their efforts to collect. According to the court, if a human being had called the plaintiff’s number, they would have realized that the number had been reassigned. But the ATDS lacked human intelligence and, “like the buckets enchanted by the Sorcerer’s Apprentice, continued until stopped by their true master.” The plaintiffs in this case had never “consented to receive automated or recorded calls from ERC” at the number that had been assigned to them, although they had given permission for AT&T to call them at that number. Almost 3 years had passed between the time the number had been reassigned and the time ERC began calling. After the debt was assigned, ERC placed almost 50 auto-dialed calls to the plaintiff, and the plaintiff sued for a violation of the TCPA, which “authorizes an award of actual damages, or $500 per violation, whichever is greater.These amounts are trebled for willful violations.” The case was also certified as a class action lawsuit.
Enhanced Recovery Company appealed the decision, arguing that the parties who were actually responsible for paying the delinquent debt had given AT&T permission to contact them at the cell number. They also argued that that permission extended not only to ERC in its capacity as a bill collector, but also remained in place after the number was reassigned. As a result, they argued that their misdialed calls did not represent a violation of the TCPA because the number they were calling had already been identified in the agreement with AT&T. The court examined the wording of the TCPA and noted that consumers protected by the law were identified as “called parties.” Furthermore, the TCPA states that businesses are prohibited from placing calls using an ATDS to any number “for which the called party is charged.” Although ERC insisted that the “called party” could apply to the previous owner of the phone number in question, the court found that because the plaintiff in this case received the phone bill, ERC’s argument was not valid. As a result, the court affirmed the trial court’s decision, and the class action lawsuit was set for trial.
Here are some Press Releases of Lawsuits Brought On By Lemberg Law against ERC
June 15, 2017. On behalf of our client, Lemberg Law recently filed a complaint in U.S. District Court, Middle District of Florida. The case, against Enhanced Recovery Company, charges the debt collection agency with violating federal law and asks for $1,000 in statutory damages under the Fair Debt Collection Practices Act and other relief.
The FDCPA was written to prevent debt collectors from harassing consumers. One of the provisions of the FDCPA is that debt collection agencies are not allowed to call folks at times and places that are inconvenient to them. Our client says that ERC called her between 8:00 a.m. and 5:00 p.m. When our client answered the phone call, she told the debt collector from ERC to only contact her after 6:00 p.m. She also said that she was unable to take any calls before 6:00 p.m. because she was at work. Nevertheless, ERC continued to call her before 6:00 p.m.
This lawsuit charges that Enhanced Recovery Company violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior; by contacting our client at a place and time known to be inconvenient; and by using unfair and unconscionable means to collect a debt.
May 24, 2017. On behalf of our client, Lemberg Law recently filed a complaint in U.S. District Court, Middle District of Florida. The case, against Enhanced Recovery Company, charges the debt collection agency with violating federal law and asks for $1,000 in statutory damages under the Fair Debt Collection Practices Act and other relief.
No one likes getting debt collection calls. It is arguably even more annoying to receive debt collection calls targeting someone else. Our client says that ERC called him in an attempt to collect his sister’s debt. Our client spoke with an Enhanced Recovery debt collector and told them that he did not know her phone number or her whereabouts. Nevertheless, ERC continued calling our client in an attempt to collect the debt.
It’s important to note that all consumers are covered by the Fair Debt Collection Practices Act (FDCPA) – not just the individuals who owe a debt. This lawsuit charges that Enhanced Recovery Company violated the Fair Debt Collection Practices Act (FDCPA) by engaging in harassing behavior and by using unfair and unconscionable means to collect a debt.
Federal laws protect you. The Fair Debt Collections Practices Act (FDCPA) regulates the behavior of collection agencies by prohibiting actions such as the use of abusive or threatening language; harassment; or the use of false or misleading information to collect a debt. The FCRA regulates how collection agencies and creditors report delinquent debts to credit reporting agencies. Additional consumer protection laws include the Telephone Consumer Protection Act (TCPA) and the Consumer Financial Protection Act (CFPA).
Consumers have reported this agency harassing them from the following numbers:
Can I sue ERC for harassment?
Yes. If you want to enforce your rights, or recover money for violations — you need to sue. Federal laws provide individuals like you with a means to seek monetary damages in court. For example, the FDCPA allows consumers who have been violated to recover damages of up to $1,000, plus attorney fees and court costs.
You may have a case, if…
- You are receiving multiple calls per week from third party collection agencies.
- You are receiving early morning or late night calls from debt collectors
- You are receiving calls at work from a debt collection agency
- Debt collectors are calling your family, friends, neighbors, or coworkers
- Collectors are threatening you with violence, lawsuit, or arrest
- A debt collector attempts to collect more than you owe
- You are being threatened with negative credit reporting
- A debt collector attempts to intimidate you
- Criminal accusations are being made towards you
- Use of obscene language during an attempt to collect
- Automated robocalls are being made to your phone in an attempt to collect
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The brief answer is yes. Contact us now and we’ll explain how we can help.
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