Comenity Bank TCPA Lawsuit Alleges Over 600 Illegal Robocalls

A Florida woman is claiming that Comenity Bank made hundreds of illegal robocalls to her cell phone in violation of the TCPA.

Plaintiff Tina V. of Florida is alleging that Comenity Bank violated the Telephone Consumer Protection Act repeatedly by making more than 600 illegal robocalls to her phone.

Tina allegedly owed a “consumer debt” to Comenity Bank. The bank, according to the plaintiff, began calling her cell phone several times a day, on back-to-back days and with such a frequency that it can be considered harassment.

Comenity Bank was attempting to collect a debt from Tina from this “barrage” of illegal robocalls.

Tina claims that the illegal robocalls made to her were made using an Automated Telephone Dialing System which has the ability to store and produce telephone numbers to be called using random generators and without the need for human intervention.

Over 600 Illegal Robocalls Made, Lawsuit Says

The plaintiff also alleges that the illegal robocalls made to her used a prerecorded voice.

This lawsuit states that Tina never provided her cellphone numbers to Comenity Bank. It also states that in a different lawsuit, Comenity Bank admitted that they use an Automated Telephone Dialing System.

The plaintiff claims she received an almost constant barrage of illegal robocalls from the bank. In June 2015, she allegedly received a telephone call from Comenity Bank that she answered.

She informed an agent or representative of the bank that “their incessant calls were harassing her and demanded that the defendant cease placing calls to her aforementioned cellular telephone number.”

During this call in June 2015, Tina expressly revoked any express consent that the bank may have believed it had to call her. Because of this, any call made after this time was made without the permission of the plaintiff.

Later that year, in October 2015, Tina answered another call from Comenity Bank and once again demanded that the calls stop.

She claims that Comenity Bank failed to stop the illegal robocalls and ignored her multiple requests. She also claims that Comenity Bank had full knowledge that she wished the calls to stop, yet willfully ignored them.

According to this illegal robocalls lawsuit, the defendant made 600 automated calls to Tina between June 2015 and the filing of the lawsuit. She calls this a “nuisance and an invasion of privacy,” the very thing the TCPA has sought to prevent.

The Telephone Consumer Protection Act, or TCPA, is a law that protects consumers from unwanted and illegal robocalls, calls, texts or faxes from Automated Telephone Dialing Systems, and invasions of privacy.

Tina’s harm, she alleges, comes from the fact that had to pay for incoming calls, her battery life was lessened and the defendant wasted her time.

The Comenity Bank Illegal Robocalls Lawsuit is Case No. 2:17-cv-14001-DMM, in the U.S. District Court for the Southern District of Florida, Fort Pierce Division.

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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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