Today since 8Am I have been called 5-6 times. Never leave a message. Will attempt to block calls with my telephone provider. Obviously from the posts this is a scam bank and unfortunately with the low penalty (low payouts per person) from the class action suit , they will continue to harass consumers.
They call me for another persons credit issue, not mine (a relative with credit issues, but still not my problem). They make home phones that you can program numbers into it - to Block calls. Your phone will ring once - then phone will automatically hang up on caller. SWEET. My phone is a Panasonic.
Comenity Bank Pays $8.4M To Class Of 4 Million In TCPA Suit
By Brandon Lowrey
Law360, Los Angeles (October 02, 2014, 9:56 PM ET) -- A California federal judge on Thursday approved Comenity Bank's nearly $8.5 million settlement with a class of more than 4 million people who received automated calls to their cellphones from the bank over a four-year period, in violation of the Telephone Consumer Protection Act.
Plaintiff Carrie Couser filed suit in October 2012, alleging Comenity Bank called her using an autodialer four to five times per day on her cellphone attempting to collect an alleged outstanding debt owed by her deceased mother.
"Plaintiff does not owe the alleged debt defendant is calling her about and has never provided any personal information, including her cellular telephone number, to defendant for any purpose whatsoever," the complaint alleged.
Class members received calls from the bank between August 2010 and May 26, 2014, according to court documents.
The motion for preliminary settlement approval was filed last month.
About $2 million of the settlement would go to paying attorney's fees, the motion said, and class members would be restricted to claiming for one call per cellphone number, regardless of how many calls they've received.
Each class member would receive anywhere from 98 cents — if all class members submit claims — to more than $32 if just 3 percent or fewer submit claims, the document said.
"Although the TCPA provides for statutory damages of $500 for each negligent violation and $1,500 for each willful violation, it is well-settled that a proposed settlement may be acceptable even though it amounts to only a small percentage of the potential recovery that might be available to the class members at trial," the settlement motion said.
The Comenity Bank deal comes weeks after Bank of America agreed to a historic TCPA settlement.
In that case, a U.S. District Judge in the Northern District of California in late August approved a deal in which Bank of America will pay $32 million to roughly 7 million class members who received allegedly unauthorized automated phone calls from Bank of America regarding mortgage loan and credit card accounts between 2007 and 2013. The class also includes recipients of allegedly unauthorized text messages from 2009 to 2010.
In 2012, Sallie Mae agreed to pay $24 million to settle with a class of 8 million borrowers in Washington federal court who received autodialed calls to their cellphones seeking debt payments.
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.
--Additional reporting by Linda Chiem and David Siegel.