Woman Alleges Comenity Unwanted Calls Will Not Stop

A woman from Tennessee alleges she has been getting Comenity unwanted calls, despite her asking for them to stop on multiple occasions. The claimant says she received over 10 Comenity unwanted calls that were not meant for her, and claims the bank violated the Telephone Consumer Protection Act (TCPA) multiple times to make these spam calls.

Plaintiff Susie R. filed this TCPA lawsuit on behalf of herself and other consumers who have allegedly been receiving Comenity unwanted calls, in violation of the TCPA, when the calls were meant for other people.

The TCPA is a federal law that was implemented to help protect consumers against aggressive telemarketers. The Act prohibits companies from using automated dialing systems to contact consumers unless if given consent ahead of time, and must stop these calls if the consumer asks.

Once a consumer asks for the calls, texts, or faxes to stop, they must be placed on the company’s do not call registry for the next five years.

Overview of TCPA Violations

Comenity Bank is a typical financial institution that offers a variety of services to their customers, including affiliated retail credit card programs like Pottery Barn. However, Comenity Bank is subject to the same federal privacy laws as any other business would be in regards to their customers’ privacy, including those of the TCPA.

According to the TCPA lawsuit, Susie reportedly began receiving Comenity unwanted calls to her cellphone in late 2017 or early 2018. Each time she answered the call, a pre-recorded message would ask for an individual named “Kay Jordan”, a name and individual Susie does not know.

At least one of these Comenity unwanted calls to Susie’s phone pertained to a Pottery Barn credit card, she says, with the recorded message stating that a bank representative from the company will be contacting them.

Susie notes that she has had the same cellphone number for over 15 years, and has received Comenity unwanted calls from at least two different phone numbers that were confirmed to be assigned to Comenity. Additionally, Susie has reportedly spoken with Comenity representatives on at least two occasions explaining that she is not “Kay Jordan” and does not know this person.

Susie asked for Comenity unwanted calls to stop, but they reportedly continued. At all times relevant, Susie says she was not a Comenity Bank customer and never gave permission for the company to contact her.

At this time, Susie has exhausted all administrative remedies and opted to file a class action TCPA lawsuit after discovering other consumers allegedly received Comenity unwanted calls.

TCPA Lawsuit

The TCPA class action lawsuit consists of two consumer classes, with one class consisting of consumers receiving calls stemming back four years and the other consisting of consumers who kept receiving Comenity unwanted calls despite asking for the calls to stop.

Susie’s TCPA lawsuit is seeking damages for violations against the federal policy, in which the penalties can be up to $1500 per violation depending on whether or not willful intent can be proven.

Consumers considering filing a TCPA lawsuit should document any unwanted phone calls, texts, or faxes they receive from companies including information like:

• Date and time of call
• Summary of call
• If a prerecorded or automated message was given
• Note if consent was revoked or given at all

This TCPA Lawsuit is Case No. 1:18-cv-01159-STA-egb, in the U.S. District Court of Western Tennessee.

Join a Free TCPA Class Action Lawsuit Investigation

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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