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Plaintiff in Howe v. Enterprise Holdings Files Motion to Sanction for Spoliage

Motion to Sanction for Spoliage

Victim asks Lee Court for harsh sanctions and transfer to regular docket with opportunity for punitive damages following crime encounter at National Car Rental

Enterprise has been accused of running a ding-and-dent scam so often by readers of this site, I’ve lost count.”
— Christopher Elliott, Consumer Advocate at
FORT MYERS, FLORIDA, UNITED STATES OF AMERICA, July 21, 2018 / -- SubscriberWise, the nation’s largest issuing CRA for the communications industry and the leading protector of children victimized by identity fraud, announced today the ‘Motion to Sanction for Evidence Spoliation’ filed in the County Court of the Twentieth Judicial Circuit in and for Lee County, Florida, Honorable Archie B. Hayward, Jr.

The motion was filed after defendant Enterprise Holdings’ National Car Rental purposely destroyed critical booth surveillance that it knew would be used as evidence in a ‘ding and dent scam’ civil theft suit. Moreover, the rental behemoth is on recorded audio having acknowledged in plain language that it had reviewed the surveillance "footage" at the same time it demanded a fraudulent payment of $502.80 from plaintiff David Howe ( This recorded admission from the defendant creates an undeniable statutory expectation NOT to engage in spoliation of evidence.

The crucial evidence forever concealed by this malicious behavior was part of a predatory felonious financial extortion scheme. The illicit scheme involved a National Car Rental agent and manager who intentionally ignored Enterprise Holdings' publicly-touted company ‘damage’ protocols during rental termination to legitimize the otherwise obvious ‘ding and dent’ scam encounter. A review of the official Lee Port Authority Police report reveals patently false statements taken under-oath among an array of admissions of profound negligence.

According to the plaintiff -- and with a plethora of overwhelming evidence that’s been previously exposed to media, law enforcement, FL AG Pam Bondi’s Consumer Protection Director Victoria Butler along with senior investigators, and United States Senator Marco Rubio’s legislative staff among others -- the predatory scam turned criminal following subsequent vehicle damage under the defendant’s care. The new damage, of course, was inserted onto a PDF and sent to the plaintiff with a demand of $502.80 along with a threat of collections and other punitive treatment if not paid.

Related: Enterprise Retaliates Against Crime Victim, SubscriberWise Founder Acknowledges --

In addition to repeated requests from the plaintiff demanding to see the surveillance that would have confirmed the pre-existing ‘wear and tear’ used initially to legitimize the fraud, Defendant Enterprise Holdings National Car Rental brazenly ignored repeated calls by the Lee Port Authority police during its criminal investigation.

In the state of Florida individuals and companies who know, or reasonably expect, that evidence will be used in a criminal or civil procedure -- all have a legal duty to preserve and safeguard the evidence.

RENTAL CRIME SCENE PHOTOS PUBLISHED: See remarkable photographic evidence that was the basis of media, law enforcement, and state and federal involvement:

MOTION: Read the ‘Motion to Sanction for Evidence Spoliage’:

Related: SubscriberWise Declares Counsel for Enterprise Holdings and National Car Rental Provides Shocking Reply to Subpoena Implicating the Agency Overwhelmingly --

Related: WRONG VEHICLE and Patently False Statements Provided Under Oath to Lee Port Authority Police by Defendant Enterprise Holdings, SubscriberWise Declares --

About SubscriberWise

SubscriberWise® launched as the first issuing consumer reporting agency exclusively for the cable industry in 2006. The company filed extensive documentation and end-user agreements to access TransUnion’s consumer database. In 2009, SubscriberWise and TransUnion announced a joint marketing agreement for the benefit of America’s cable operators ( Today SubscriberWise is a risk management preferred-solutions provider for the National Cable Television Cooperative.

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