Comenity Bank TCPA Violations
The Comenity Bank settled a class action lawsuit in 2014 over allegations it violated the Telephone Consumer Protection Act (TCPA). The Comenity Bank's TCPA class action lawsuit involved more than 4 million people who received automated calls from the bank to their cellphones. The Comenity Bank Settlement was approved for about $8.5 million.
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Comenity Bank and TCPA Violations
According to the Federal Communications Commission (FCC), robocalls and telemarketing calls are the most consumer complaints. The FCC requires private robocallers to have prior consent to robocall or robotext your cell phone—unless you are the federal government. In 2015 a Supreme Court ruling stated that federal government entities (private companies working on the government’s behalf) conducting official business are not subject to robocall limits unless Congress says otherwise.
The TCPA however, prohibits “any person” in the United States from placing robocalls “to any telephone number assigned to a… cellular telephone service… or any service for which the called party is charged for the call.”
TCPA Comenity Bank Class Action Lawsuit
Plaintiff Carrie Couser filed the TCPA Comenity Class Action Lawsuit in October 2012, alleging Comenity Bank called her cellphone at least four times per day using an autodialer. The debt collector was demanding that Couser pay an outstanding debt owed by her deceased mother. In her lawsuit, Couser said she didn’t know anything about the debt, nor did she ever provide her cellphone number or any personal information to Comenity. The case is Carrie Couser et al. v. Comenity Bank et al., case number 3:12-cv-02484, in the U.S. District Court for the Southern District of California.
Other TCPA Comenity Lawsuits
In September 2016, Amber Peralta filed a complaint against Comenity claiming violation of the TCPA and the Rosenthal Fair Debt Collection Practices Act. Peralta claims that she was contacted by Comenity’s automatic telephone dialing system more than 764 times in four months between 2015 and 2016, despite her requests to stop the calls. She has requested a trial by jury, $500 in statutory damages, $1,500 in treble damages, all legal fees and interests and any court costs. The Case is filed in U.S. District Court for the Central District of California, Eastern Division Case number 5:16-cv-02023-TJH-KK.
Attorneys are currently investigating Comenity bank complaints. If you have been receiving unsolicited, automated phone calls from this debt collection company or any other entity that may have violated the Telephone Consumer Protection Act, you should consider seeking legal help.
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During my work shift,I have answered informing them that I will call them when I get a break and they continue to call immediately after ...They call trying to sound as if they know me,by not asking for me by my full name but just saying my first name not asking if they can speak to Jane Doe...when i say hello I get silence until I say hello 3-4 times...I have had one of them ask if I can borrow my payment from a family member....when clearly I let them know I’m in a financial bind and will make payment arrangements at my earliest convenience...they are extremely unprofessional...they called me one day from 7:59am to 8pm 46 times on a day that I forgot to turn my ringer off at work so my phone rang in the office in my locker off and on 45 plus times in an 8 hour work shift...Today while I answered they were calling me while I was speaking to another operator ...They are interrupting my sleep,calling me so much that family members let me know that sometimes when they call me my phone is busy or their calls go directly to voicemail because of these calls,I have voicemails from over 8 different foreign operators who can barely read a script,with a bunch of people talking in the background...I let them know that with all the fraud going on in which I was almost a victim of fraud that I will dial Comenity Banks number personally and set up payment arrangements and that I will not give my banking info over the phone ..and they still called me within seconds after hanging up with them ...So I decided maybe I just need to contact a lawyer because they are extremely rude and unprofessional.
Comenity Bank in November. Today after may more calls 12/13/16, Comenity Bank left a message for a person which is not of this household but a relative.
This message said basically to get an attorney to discuss
Sometimes we are not able to reach this relative in question. She gave me name, extension, and phone number and said
they have it recorded that they have reached this
person in question which again is not our household member.
Thanks. I would like to stop their calls..