Comenity Bank is the defendant in a proposed class action wherein a Florida consumer alleges the company has repeatedly violated federal law by calling his cell phone by way of automated dialing technology without his consent.
Describing the defendant as a “serial violator” of the Telephone Consumer Protection Act, the lawsuit says Comenity is perhaps “the most abusive robocalling debt collector in the country.” Comenity, the complaint states, has settled hundreds of TCPA lawsuits and has allegedly paid what the plaintiff says is hush money to “individual victims of robo-harassment” that were “aware enough of their rights” to pursue litigation.
The plaintiff alleges the defendant began a campaign of robocalls to his cell phone in August 2018. According to the suit, Comenity placed “over 379 calls” to the plaintiff’s cell phone in just two months via automated dialing technology that utilized a pre-recorded or artificial voice. The plaintiff claims that despite demanding on more than one occasion that the calls stop, revoking any consent the defendant may have mistakenly believed it had to contact him, the calls continued into October. Between August and October 2018, the plaintiff’s home phone number was called “a total of 768 times” by Comenity, the lawsuit says.