TCPA Lawsuit: Debt Collector Made Over 150 Harassing Phone Calls

A Florida resident is suing branded credit card manager Comenity LLC, claiming that its debt collection practices violate the Telephone Consumer Protection Act (TCPA).

Plaintiff Gerald G. filed the TCPA lawsuit alleging that in early August 2015 Comenity used an automatic telephone dialing system initiated from at least 7 different numbers to place unwanted cell phone calls to him in an attempt to collect an alleged debt.

Gerald claims that upon answering the phone calls, he was met with an automated, pre-recorded message (also known as a robocall) asking for a return call but that Comenity failed to provide him with an account number or reference.

When he attempted to return the phone call, he claims he was asked a series of questions to obtain information from him including account numbers and store information that he did not know.

In early September, after a ceaseless barrage of automated calls from Comenity, Gerald aimlessly pressed automated prompts for an extensive period until he was successfully connected to a live person and informed the Comenity agent that he did not know who they were or why they were calling and that he had never received a bill of any kind regarding a past due account, disputing the alleged debt.

According to the Comenity TCPA lawsuit, Gerald demanded that the company cease placing the harassing calls to his cell phone. However, Gerald claims that Comenity continued calling his cell phone and once again, Gerald contacted Comenity and informed a Comenity representative that he had previously demanded the unwanted phone calls to stop.

Gerald claims that the Comenity agent responded that the company would not stop the calls and that they would continue to call until Gerald paid the alleged debt.

The Comenity TCPA lawsuit states that even after Gerald revoked his consent to receive these unwanted cell phone calls from Comenity, the defendant placed at least 150 telephone calls using an automatic telephone dialing system between September 6, 2015 and September 30, 2015.

Gerald is seeking statutory, punitive, and actual damages for each negligent, knowing and/or willful TCPA violation. He has demanded a jury trial for this case.

The TCPA & Debt Collection Calls

The TCPA is designed to protect consumers from receiving calls placed from an automatic telephone dialing system or pre-recorded messages on their cell phone unless the consumer has provided prior express consent (it also covers text message spam). The most common violators of the TCPA are debt collectors, banks and telemarketers.

Under the TCPA, the Federal Communications Commission (FCC) established rules addressing robocalls or unsolicited phone calls by telemarketers and debt collectors in 1991.

The Unwanted Telephone Marketing Calls Guide on the FCC website lists three rules all telemarketers and debt collectors must follow:

• Anyone making a telephone solicitation call must provide his or her name, the name of the person or entity on whose behalf the call is being made, and a telephone number or address where that person or entity can be contacted
• Telephone solicitation calls are prohibited before 8 a.m or after 9 p.m.
• Telemarketers must comply immediately with any do-not-call request made during a solicitation call.

TCPA Lawsuits

Many people are under the false impression that TCPA laws do not apply to debt collectors, but the FCC clarified in 2008 that indeed debt collectors fall under the TCPA statute. So for the last several years, many TCPA lawsuits have been filed in order to protect consumer rights against debt collection companies.

If you received an unsolicited phone call or text message spam you may be entitled to $500 up to $1,500 per call or text under the TCPA.

The Comenity TCPA Lawsuit is Case No: 8:16-cv-00073 in the U.S. District Court for the Middle District of Florida, Tampa 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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