Comenity Robocall Lawsuit Alleges Over 300 Unwanted Phone Calls

Comenity LLC is facing a new lawsuit alleging the company violated the Telephone Consumer Protection Act (TCPA).

The Comenity robocall lawsuit claims that the company had violated the TCPA multiple times by using an automated dialing system to make unsolicited phone calls, both of which are violations of the federal law.

Florida plaintiff Scott R. is filing the Comenity robocall lawsuit, after receiving several unwanted calls from the company regarding an alleged “consumer debt”.

Scott had began receiving calls in January 2016 over the alleged debt, from several different phone numbers.

According to the Comenity robocoll lawsuit, Scott had received over 300 unwanted phone calls from January 2016 to the present date.

Each of these calls had been allegedly placed to try and collect on the alleged debt, causing distress and anxiety to Scott’s life.

He alleged the company had invaded his privacy, and had violated the TCPA on multiple counts when making these unwanted phone calls.

By allegedly using an automated dialing system, the company had either used the device to generate Scott’s phone number or stored the number in the company’s phone bank.

Overview of TCPA Policy

Under the TCPA, company’s are prohibited from using automated dialing system and to use an artificial prerecorded voice that replies when the call is answered.

The TCPA was established in the early 1990s to help protect consumers against unwanted spam calls, establishing regulations for marketing companies to follow when contacting consumers.

Companies must gain express consent from the consumers before contacting them, and must give them the option of being added to the company’s do-not-call list.

These companies also cannot contact consumers within certain hours, and must have a live representative be able to identify themselves and the company they represent.

According to the Comenity robocall lawsuit, Scott had repeatedly asked the company to stop calling him and had been repeatedly met with an artificial voice when he answered the calls.

On three separate occasions, a live Comenity representative had answered with Scott specifically stating “you need to quit calling”, the lawsuit alleges.

Scott further alleges Comenity knew they were violating the TCPA, but persisted in their calls and harassment to collect on the alleged debt.

He is seeking compensation for all violations and penalties Comenity allegedly committed when contacting him, with fines potentially ranging up to $1500 per violation.

The Comenity Robocall Lawsuit is Case No. 4:16-cv-0049, in the U.S. District Court of Northern Florida, Tallahassee Division.

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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