Comenity Bank Hit With TCPA Lawsuit

Indiana plaintiff Robin C. has filed an unsolicited phone call lawsuit against Comenity LLC d/b/a Comenity Bank after receiving numerous unsolicited phone calls from the defendant. Robin says she explicitly requested Comenity to cease sending her these calls but they allegedly persisted.

The Telephone Consumer Protection Act (TCPA) is a federal law that is meant to protect consumers against unwanted calls or texts from telemarketers. Robin reportedly received over 500 unwanted calls, the TCPA lawsuit claims.

According to the unsolicited phone call lawsuit, Robin started receiving these calls on her cellphone on July 27, 2014, for unsolicited marketing purposes. The plaintiff had requested that the company did not contact her, but she allegedly still continued to receive the phone calls from her different contact phone numbers. To do this, the defendant had allegedly used an automated dialing system.

As of now, the defendant has reportedly placed a total of 503 unwanted phone calls to the plaintiff’s home and cellphone, and was fully aware that using an automated dialing system is illegal under the TCPA. If found guilty of willful violation, Comenity Bank may be liable to pay a total of $1,500 per unwanted phone call plus any court damages.

This Comenity Bank TCPA Lawsuit is Case No. 1:15-cv-00028-RLY-MJD, in the U.S. District Court for the Southern District of Indiana.

Overview of TCPA Violations

The federal Telephone Consumer Protect Act was passed in the early 1990s, in order to protect American citizens from the constant bombardment of aggressive marketers. Congress passed these laws after receiving numerous complaints from consumers indicating that their privacy had been violated and that they were being continuously harassed.

The TCPA prohibits telemarketers and debt collectors from using any kind of automated dialing system or pre-recorded voice message to contact the recipients, commonly known as robocalls. This includes the recipient’s cellphone, land lines as well as text messages and faxes.

During the hours that telemarketers are allowed to contact recipients, which is between 8:00 a.m. to 9:00 p.m., they must provide proof that they are a real person, as well as give the name of the company or agency they represent.

Additionally, these telemarketers must also provide the recipient the option of being added to their company’s ‘Do-Not-Call’ registry,’ which prevents the callers from using the recipient’s cellphone and land line.

If companies violate the TCPA, they could be fined between $500 to $1,500 per violation. If it is an unintentional violation, the penalty is $500 per call, but it can be as high as $1,500 if a company is found guilty of a willful violation. Despite the steep penalties, companies commonly violate the TCPA, with lawyers encouraging potential plaintiffs to consider legal action if the calls continue.

Collecting evidence of TCPA violations can be difficult if it is not a physical fax or a saved text, but there are several tips lawyers give. First, the potential plaintiff should obtain and save all phone records of the specific calls.

In addition, compose a written account of all the received phone calls by recording the date of the call, time of the call, caller’s identity, and a summary of the conversation made with the caller. Next, the potential plaintiff should save all voice mails, and write a letter to the company requesting them to stop calling.

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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