Comenity TCPA Lawsuit Alleges Over 500 Hundred Unwanted Robocalls

A Tennessee woman filed a Comenity TCPA lawsuit claiming the bank bombarded her with unwanted phone calls in connection with collection of an alleged debt.

The Comenity TCPA lawsuit alleges the bank placed harassing robocalls, autodialed calls, and/or calls with pre-recorded and/or artificial voice messages to the plaintiff who did not consent to receive such calls for purposes of collecting upon a alleged credit card loan debt.

In most instances, robocalls and unsolicited text messages violate the Telephone Consumer Protection Act (TCPA), and generally each TCPA violation allows for $500 to $1,500 per violation.

Plaintiff Patricia M. alleges she received approximately 500 unwanted cell phone calls, up to eight times a day from Comenity Bank since Nov. 2015.

Further, upon answering the unsolicited phone calls, she heard a pause when she answered the phone before a voice came on the line, the Comenity TCPA lawsuit states.

Patricia claims in Jan. 2016 she first informed Comenity Bank of her request to cease the calls to her cell phone. And despite multiple request for the calls to stop, Comenity continued to make unwanted cell phone calls to Patricia.

She is filing this Comenity TCPA lawsuit for the Bank’s alleged willful disregard to her numerous requests to cease auto-dialer calls to her cell phone. She is seeking statutory, punitive, actual, treble damages along with an enjoinder from further violations from Comenity.

Patricia has demanded a jury trial for this case.

What Does the TCPA Do?

The Telephone Consumer Protection Act (TCPA) is the main federal law that seeks to curb unsolicited phone calls using an automatic telephone dialing system.

It was enacted to prevent companies like Comenity Bank from “invading American citizen’s privacy and to prevent abusive ‘robo-calls’.”

Most robocalls are banned unless (1) you previously gave consent to receive the call or (2) the call is sent for emergency purposes. This ban applies even if you have not placed your phone number on the national Do Not Call list of numbers telemarketers must not call.

The law specifically states that each unsolicited phone call carries a penalty of $500 to $1,500 per call. Many of these calls are unwanted and unsolicited by the recipient.

For cell phone users, the problems are not simple annoyances only.  Many cell phone carriers charge per received calls and the problem is amplified if the recipient is on a pre-paid cell phone plan.

Filing a Comenity TCPA Lawsuit

According to the Federal Communications Commission (FCC), “unwanted calls and texts are the number one complaints to the FCC.”

There are reportedly thousands of complaints to the FCC every month on both telemarketing and robocalls.  In 2014, the FCC received more than 215,000 TCPA complaints.

The TCPA was enacted in 1991 to protect consumers against solicitors and telemarketers (for both debt collection and telemarketing purposes).

If you received an automated call or unsolicited text message from Comenity Bank, you may be entitled to $500 to $1,500 per TCPA violation.

The Comenity TCPA Lawsuit is Case No: 2:16-cv-02671 in the U.S. District Court for the Western District of Tennessee, Western 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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