If you have a store credit card with a prominent retailer, you may be familiar with Comenity Bank. The company is a giant debt collection agency and manages nearly 200 store credit cards from big names like Victoria’s Secret, Crate & Barrel, and several clothing brands. What you may not have heard about is that in 2014, Comenity Bank was in hot water for allegations that it violated terms of the Telephone Consumer Protection Act (TCPA). The class-action lawsuit involved over 4 million consumers who received automated calls to their cell phones. The settlement was approved for a hefty sum.
The Telephone Consumer Protection Act is a federal law that protects consumers from being harassed by predatory phone calls placed by autodialers. An autodialing system (ADS) can place hundreds of calls per hour; much more than a live agent can. Debt collection companies consistently take advantage of this technology by overstepping their boundaries when they use these systems to hunt for payments. Some key provisions aim to bar collectors from the following activities:
- Using an ATDS to call, leave prerecorded messages, and text cellular phones
- •Failing to identify themselves over the phone, or misrepresenting themselves. Companies are required per this cat to be honest about who they are and why they are calling
- •Calling residential phone lines that have not consented to receive calls from the company
- •Calling consumers who have placed their phone numbers on the Do Not Call Registry
- •Calling consumers who have taken back their consent to receive calls from the company
- •Telling others about the alleged debts of the consumer in question
The TCPA is fully supported by consumer law attorneys who fight for the privacy rights of their clients. If you have not consented to receive calls and texts from a company like Comenity Bank, your rights have been violated. Each violation can possibly bring between $500 to $1500 per call or text message.
CLASS ACTION LAWSUIT AGAINST COMENITY BANK
The settlement that took place in 2014 was worth $8.5 million. Class members were rewarded for having endured automated calls from Comenity between August 2010 and May 2014. The lawsuit was filed by Carrie Couser in October 2012 when she alleged that Comenity Bank called her cell phone at least 4 times a day without her consent and demanded that she pay an outstanding debt she did not even owe. These are all violations of the TCPA.
If you have been solicited by a debt collection agency that refuses to act lawfully, you could be entitled to compensation. Companies like Comenity Bank use several phone numbers to try and trick or confuse consumers. Jibrael S. Hindi and his team of Florida TCPA attorneys are available to fight for your rights in Fort Lauderdale and Miami. You do not pay a dime until Jibrael wins for you! Call (844)-JIBRAEL or contact us online today.