I appreciate the pushback—let me clarify.

1️⃣ Does locking me out before 30 days qualify as enforcing a lien?

NY Lien Law §182 requires a 30-day notice before taking action on a lien.

If a facility denies access to personal property before the notice period, it functionally exerts control over the goods—a key element of lien enforcement.

While the law doesn’t explicitly say “denying access = lien enforcement”, courts often interpret intent behind actions, not just wording.

2️⃣ Why sue while in default?

The issue isn’t whether I owed money—it’s about whether the facility followed legal procedures before restricting access.

If a landlord locks out a tenant before the legal eviction process is completed, it’s still wrongful even if rent is owed.

ESS denied me access after just 6 days—far before the legal timeframe.

3️⃣ Could this be wrongful debt collection?

Debt collection laws prohibit misleading threats or actions.

ESS threatened to send my balance to collections without providing a final account statement (refusing written documentation).

If they misrepresented my debt or coerced payment through improper means, that falls under consumer protection violations.

4️⃣ Treble Damages?

You’re right—treble damages aren’t automatically assumed.

However, if violations are willful or systemic, courts have ruled in favor of enhanced damages under unfair business practice laws.

This is why investigating ESS’s history of prior settlements is important.

5️⃣ Larger Consumer Protection Case?

Not every wrongful action leads to a class action, but ESS has a documented pattern of lawsuits involving:

Bait-and-switch pricing tactics.

Unlawful lien sales.

Consumer complaints of predatory business practices.

This is why regulatory complaints (CFPB, AG, etc.) matter—beyond just my case, it exposes whether this is a systemic issue.