Plaintiff Alleges Comenity Bank Robocalls in Violation of TCPA

The plaintiff in a recent telemarketing lawsuit alleges she received Comenity Bank robocalls in violation of the Telephone Consumer Protection Act (TCPA).

Plaintiff Patricia N., recipient of these alleged Comenity Bank robocalls, is a citizen of the state of Georgia and resident of the County of Brantley where calls were purportedly received.

Comenity LLC, the named defendant in this case, is headquartered in Columbus, Ohio, but also does business in the state of Georgia. In this TCPA lawsuit, the plaintiff has accused the defendant of making over 600 Comenity Bank robocalls to her cellular phone without her consent. The purpose of the Comenity Bank robocalls was to collect a credit card debt.

According to the TCPA lawsuit, Patricia was able to figure out that the calls originated from an autodialer because of the sheer number of calls she received. An autodialer, or Automatic Telephone Dialing System (ATDS), is able to store phone numbers to be called or produce them either randomly or in order.

She also deduced this because when she answered the phone calls, she frequently heard a pause before the pre-recorded voice began delivering the message.

Patricia states in the lawsuit that she asked numerous times over the last four years for the phone calls to her cellular phone to stop. She also promised Comenity that she would pay as soon as she possibly could. She claims that the bombardment of Comenity Bank robocalls continued anyway and calls were received up to four times per day.

The plaintiff claims that the defendant has a corporate policy that allows for use of an ATDS to individuals. This use of the ATDS does not give call recipients any recourse to get their names off of the calling list in spite of numerous requests.

The narrative of the lawsuit claims that the defendant has several other legal complaints pending for similar abusive call tactics using an ATDS.

What is the TCPA?

The TCPA was passed in 1991 by Congress. Its chief aim is to protect the privacy of its citizens from harassing and unwanted telephone communications. According to the lawsuit, one of its senate sponsors, Senator Holdings made the following remark regarding these unwanted communications:

“[Robocalls are] the scourge of modern civilization, they wake us up in the morning; they interrupt our dinner at night; they force the sick and elderly out of bed; they hound us until we want to rip the telephone out of the wall.”

The use of an ATDS is strictly limited under the guidelines of the TCPA. With regards to the case in question, they are specifically forbidden to be used to call cellular phones where the receiver is often charged for the phone call through their payment of a service.

The Plaintiff’s Injuries

Patricia claims multiple injuries with regard to sheer number of phone calls received. She claims invasion of privacy, occupation of her cellular line which prevented her receipt of legitimate calls, the wasting of her valuable time, message space on her network, and a drain on her battery power.

She also claims general nuisance, annoyance and stress. She is bringing one count of violation of the TCPA against the defendant. Patricia is asking for statutory and actual damages, punitive and treble damages and relief from future calls from Comenity.

The Comenity Bank Robocalls Lawsuit is Case No. 5:17-cv-00148-LGW-RSB in U.S. District Court for the Southern District of Georgia, Waycross 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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