Comenity Cell Phone Call Lawsuit Alleges TCPA Violations

A woman has filed a lawsuit against Comenity Bank, alleging the financial institution violated the Telephone Consumer Protection Act (TCPA) and Illinois Consumer Fraud and Deceptive Business Practices Act (IFCA).

Plaintiff Pamela W. filed the Comenity cell phone call lawsuit against the bank after defaulting on her credit card payments.

Pamela secured a Dot’s consumer credit card issued by Comenity Bank and used it to purchase personal household goods. Following a financial hardship, plaintiff could no longer pay her bill and defaulted on her payments.

Comenity Cell Phone Call Lawsuit Allegations

Beginning in June 2015, following her default, Pamela began receiving phone calls to her cell phone placed by Comenity seeking to collect the debt, she states in her Comenity cell phone call lawsuit.

During the calls she received, Pamela says when she answered the call, she noticed a slight pause for a few seconds before a live representative began speaking to her, and on other times, she was greeted with a pre-recorded message before she was transferred to a live representative.

Because she lacked the ability to fully pay Comenity, she told the representative of her situation and requested that the company stopped placing calls to her, the Comenity cell phone call lawsuit states.

“Despite her request, Defendant has continued to relentlessly call Plaintiff’s cellular phone up until the date of the filing of this present action.”

The Comenity cell phone call lawsuit continues, “Even after being told that she does not wish to be contacted, Defendant has called Plaintiff’s cellular phone multiple times during the same day, with some of the calls coming in just seconds apart.”

In total, Pamela says she has received at least 78 phone calls from Comenity, with some calls being placed 5 to 7 times per day for several days at a time.

Following these phone calls, Pamela sought legal representation and has suffered financial losses in securing legal representation as well as purchasing a cell phone application to block the calls, according to her Comenity cell phone call lawsuit.

As a result of Comenity’s actions, Pamela states in her Comenity cell phone call lawsuit that she suffered actual harm, including “invasion of privacy, aggravation that accompanies collection telephone calls, emotional distress, increased risk of personal injury resulting from the distraction caused by the never-ending calls, increased usage of her telephone services, loss of cellular phone capacity, diminished cellular phone functionality, decreased battery life on her cellular phone and diminished space for data storage on her cellular phone.”

The plaintiff has brought forth two counts against the Defendant including violation of the Telephone Consumer Protection Act and violation of the Illinois Consumer Fraud and Deceptive Business Practices Act.

She states that the bank violated TCPA by unlawfully calling her on her cell phone using an automatic telephone dialing system (ATDS) without her consent. She states she was harassed by Comenity in violation of the Illinois IFCA.

Pamela is seeking declaratory relief, actual and punitive damages at an amount to be determined at trial, attorney’s fees and costs and any additional relief as deemed just and appropriate by the Court.

The Comenity Cell Phone Call Lawsuit is Case No. 1:17-cv-00176, in the U.S. District Court for the Northern District of Illinois, Eastern 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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