United States District Court, D. Connecticut
MEMORANDUM OF DECISION ON DEFENDANT'S MOTION FOR
SUMMARY JUDGMENT [DKT. 29]
VANESSA L. BRYANT UNITED STATES DISTRICT JUDGE
the Court is a Motion for Summary Judgment filed by
Defendant, Enhanced Recovery Company, LLC
(“Defendant”) [Dkt. No. 29], seeking a judgment
that it did not misrepresent its identity in violation of the
Fair Debt Collection Practices Act (FDCPA) as alleged by
Deborah Cobb (“Plaintiff”). For the reasons set
forth below, summary judgment is entered for Defendant.
following facts are undisputed unless otherwise noted.
Deborah Cobb is a citizen of Connecticut. [Dkt. 10 (Amended
Complaint), ¶ 3]. Plaintiff used a personal Target
credit card for shopping and household goods. [Id.
at ¶ 4]. That Target credit card account was the subject
of debt collection efforts. [Id.]
Enhanced Recovery Company (“Enhanced”) is a
limited liability company organized under the laws of the
state of Delaware. [Dkt. 35-1 (Plaintiff's Local Rule
56(a) Statement), ¶ 1]. Enhanced is currently licensed
to act as a consumer collection agency within the state of
Connecticut by the Connecticut Banking Department.
[Id. at ¶ 9].
21, 2017, Enhanced sent a letter to Plaintiff which stated
Our records indicate that your balance with TD Bank USA,
N.A./ Target Credit Card remains unpaid; therefore your
account has been placed with ERC for collection efforts.
Upon receipt and clearance of $1, 267.50, your account will
be closed and collection efforts will cease.
Unless you dispute the validity of the debt, or any portion
thereof, within thirty (30) days after your receipt of this
notice, the debt will be assumed to be valid by us.
[Dkt. 10 (Amended Complaint), at 5]. The top left corner of
the front page of the letter bears a logo comprising the
initials “ERC.” [Id.] The top right
corner of the front page identifies the
“Creditor” as “TD Bank USA, N.A./ Target
Credit Card.” [Id.] The letter includes the
language “[t]his is an attempt to collect a debt. Any
information obtained will be used for that purpose.”
[Id.] The letter states “view statements, pay
your balance, and manage your account online at
payerc.com.” [Id. (obscured); Dkt. 35-1,
¶ 26]. The letter also lists a toll-free phone number
and invites the debtor to “[s]end correspondence to
ERC, P. O. Box 57610, Jacksonville, FL 32241.”
[Id.] The reverse of the letter states “Our
Corporate Address is: ERC 8014 Bayberry Road Jacksonville, FL
32256.” [Dkt. 35-1, ¶ 29].
August 1, 2017, Ms. Cobb called ERC. [Dkt. 35-1, ¶ 30].
An automated message played, which stated “thank you
for calling ERC.” [Id.]. When ERC's
representative answered the phone, he said, in part:
“Good morning. Thank you for calling ERC. My name is
Irving Anderson speaking with you on a recorded line.”
[Id. at ¶ 31].
is licensed with the Connecticut Banking Department to
operate as a consumer collection agency in the state of
Connecticut. [Dkt. 35-1, ¶ 9]. Since August 2015,
Enhanced has been licensed to act as a consumer collection
agency within Connecticut under the trade name ERC, as
indicated by the National Multistate Licensing Service. [Dkt.
35-1, ¶; Davis Decl. at ¶ 6; Landoll Decl. at