Judge Approves Comenity Bank TCPA Class Action Settlement

The Comenity Bank robocall class action settlement has been approved by the presiding California federal judge and will allow more than 4 million Class Members to receive compensation from the $8.5 million settlement.

The TCPA class action lawsuit alleges that Comenity Bank contacted more than 4 million consumers over a four year period using an automated dialing systems to call consumers’ cell phones without their prior express consent, an alleged violation of the Telephone Consumers Protection Act (TCPA).

Comenity Bank denies all wrongdoing and liability, but has agreed to the settle the TCPA class action settlement in order to avoid further legal costs and uncertainty of further litigation.

California plaintiff Carrie Couser filed this Comenity class action lawsuit in October 2012, alleging Comenity Bank called her cellphone through an automated dialing system (also known as a robocall system) an estimated four to five times per day with the intent of collecting on an alleged debt accrued by Couser’s deceased mother.

According to the Comenity TCPA class action lawsuit, “Plaintiff does not owe the alleged debt defendant is calling her about and has never provided any personal information, including her cellular telephone number, to defendant for any purpose whatsoever.”

Therefore, based on Couser’s information and claims, she alleges Comenity is in violation of several TCPA laws.

Comenity Bank agreed to the $8.5 million class action settlement in September in order to resolve these TCPA violation claims.

Class Members of the Comenity robocall class action lawsuit will include all persons who received calls from Comenity Bank between August 2010 and May 16, 2014. According to the approved TCPA settlement, it is estimated that each eligible Class Member will receive anywhere from 98 cents to $32 per submitted Comenity TCPA claim.

The Comenity TCPA Class Action Lawsuit is Carrie Couser, et al. v. Comenity Bank, et al., Case No. 3:12-cv-02484, in the U.S. District Court for the Southern District of California.

What is The Telephone Consumer Protection Act (TCPA)?

The Telephone Consumers Protection Act (TCPA) is a set of laws that limit the use of automated telephone dialing equipment and prerecorded “robocall” messages when business, telemarketers or solicitors contact individual consumers.

In this Comenity robocall class action lawsuit, plaintiff Couser alleged several TCPA violations against Comenity Bank, including: “Making and/or initiating telephone calls using an automatic telephone dialing system or an artificial or prerecorded voice to any telephone number assigned to a cellular telephone service,” which is a violation of the federal law.

Comenity Bank is not the only company facing TCPA class action litigation for allegedly making unsolicited phone calls using automated dialing systems. In September, Bank of America made legal history with their $32 million TCPA class action settlement when it faced similar allegations lodged against Comenity.

Over the past few years, hundreds of U.S. consumers have filed TCPA lawsuits or joined TCPA class action lawsuits against companies who allegedly violated federal and state laws by contacting consumers through automated dialing systems without their prior express consent.

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.

UPDATE: Instructions on how to file a claim for the Comenity Bank TCPA class action settlement are now available! Click here or visit www.CouservComenitySettlement.com for details.