TCPA Lawsuit Seeks Damages for Unwanted Comenity Phone Calls

A Tennessee resident is suing Comenity Bank for repeatedly calling her cell phone — even after she requested the phone calls to stop — in violation of the Telephone Consumer Protection Act (TCPA).

Comenity Bank owns a large number of store brand credit cards including Abercrombie & Fitch, Victoria’s Secret, Crate & Barrel, Ann Taylor, The Limited and dozens of others.

According to the TCPA lawsuit, plaintiff Patricia H. began receiving unwanted calls on her cell phone from Comenity bank in October 2014. Patricia’s cell phone service was the type of service that charges for all incoming calls, including calls that go straight to voice mail.

Using an automated dialing service, Comenity Bank allegedly called Patricia on average once a day. The unwanted calls continued through November 2014, according to her lawsuit. Although Patricia may have consented to the calls prior to October 2014 she revoked her consent in October and demanded that Comenity Bank stop calling her, the TCPA lawsuit says.

The lawsuit alleges that even though Comenity Bank acknowledged her demand that the unwanted cell phone calls stop, the company “persisted in calling Plaintiff on her cellular telephone for several weeks.”

Patricia’s TCPA lawsuit asks for a jury trial and is seeking $500 for each of Comenity Banks’s negligent violations of the Telephone Consumer Protection Act and $1,500 for each willful violation.

What is the Telephone Consumer Protection Act?

The Telephone Consumer Protection Act was passed by Congress in 1991 as a means to restrict unsolicited telephone solicitations (i.e., telemarketing).

The TCPA prohibits the use of automated dialing devices to make calls to consumer cell phones without prior consumer consent. Exceptions to these rules include calls made with prior consent or calls made for emergency purposes. The theory behind this law is that while automated calls to consumer landlines are annoying, calls to consumer cell phones also create consumer expense.

TCPA violations include, but are not limited to:

• Not providing the name of the person or entity on whose behalf the call is being made, and a telephone number or address at which that person or entity can be contacted.
• Making phone calls to your home before 8 am or after 9 pm.
• Not immediately complying with a do-not-call request you make during a solicitation call.
• Using an automated dialing machine or pre-recorded voice.

The TCPA lawsuit referenced above is case number 1:15-cv-01007-egb filed in the US District Court for the Western District of Tennessee.

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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