Comenity Bank, Comenity Capital Bank, or Comenity LLC is a financial services company which receives a lot of consumer complaints to our law firm for debt harassment. Find out who they are, why they might be calling, and how you can stop them.
Who is Comenity Bank?
Comenity Bank offers consumer credit through a variety of retailers and well-known companies. Comenity Bank’s in-house collections and billing departments have received a number of consumer complaints alleging financial crimes. If you have been contacted by Comenity Bank, Comenity Capital Bank, or Comenity LLC, make sure you know your rights before responding.
According to the Better Business Bureau, Comenity Bank has been in business 29 years and was founded in 1989. Their website boasts of connecting an astounding fifty million cardmembers with over one hundred of their favorite retailers, including well-known brands such as Victoria’s Secret, Pottery Barn, and Abercrombie.
According to their website, the most important thing Comenity Bank does is “providing each of our 50 million cardmembers with the highest standards of service,” with their “award-winning Care Center representatives.” Yet according to the Better Business Bureau, Comenity Bank “has failed to resolve underlying causes of a pattern of complaints.”
Comenity Bank offers credit cards through a variety of well-known retailers. Their website assures clients that their accounts are secure and that fraud complaints are investigated and quickly resolved. They offer a variety of convenient payment methods, including at the register of the store issuing the card.
How Many Complaints are there against Comenity Bank?
Since June 2015, the Consumer Financial Protection Bureau (CFPB) has logged over 649,546 complaints against Comenity Bank, ranging from attempting to collect a debt not owed to false statements and representation to refusing to resolve a problem with a return or transfer. The BBB’s profile page for Comenity Bank lists 1939 complaints from the last three years,with 847 closed over the last twelve months. Nearly all (1537) complaints were related to billing/collection issues, with a significant portion (369) related to problems with product/service. Of the 396 customer reviews, 381 are negative. Justia lists at least 24 cases of civil litigation that name Comenity Bank as a defendant.
How Much Does It Cost To File A Lawsuit Against Comenity Bank?
Absolutely NOTHING. Here are some Sample Cases filed in Federal Court
In 2017, in Pennsylvania District Court, Plaintiff “Renee B” filed a complaint against Comenity Bank alleging their collection practices violated the TCPA(Telephone Consumer Protection Act), which limits the use of robocalls and automatic dialing systems employing recorded messages. According to Comenity Bank, the plaintiff consented to these calls when she signed the credit card agreement. However, the calls continued after Plaintiff contacted customer service rescinding permission. Plaintiff was seeking up to $1500 per call. In June 2018, the case settled for an undisclosed amount following arbitration.
In 2012, a class action lawsuit titled Couser v Comenity Bank was filed in the Southern District of California court also alleging violations of the TCPA. Plaintiff was receiving up to four daily robocalls from Comenity Bank regarding a debt owed by her mother. Plaintiff informed Comenity Bank they had the wrong number and asked them to stop calling her on numerous occasions, to no avail. In her complaint, Plaintiff stated that she does not owe a debt to Comenity Bank, nor under any circumstances did she give them her phone number or permission to contact her. This class action was settled by Comenity Bank for an as yet undisclosed amount.
3100 Easton Square Place
Columbus, OH 43218-6232
Telephone: (614) 729-4000
Comenity Bank Calling You?
Understanding Your TCPA Rights
The federal Telephone Consumer Protection Act (TCPA) is a law that prohibits telemarketers, banks, debt collectors, and other companies from using an autodialer or robocalls to call you either at home, or on your cell phone without your consent.
The rules of the TCPA and of the Fair Debt Collection Practices Act (FDCPA), administered by the Federal Trade Commission (FTC), control telephonic collection practices. The federal Consumer Financial Protection Bureau (CFPB) enforces the rules and regulations of both Acts.
These laws also provide individuals with a means to seek monetary damages in court. For instance, the TCPA provides monetary compensation to consumers who can prove harassment. In the case of willful harassment, this compensation can be increased three times. As a result, entities can be fined up to $500 if case harassment is proved. In case willful violation is proved, this compensation can be up to $1500.
Ready to Stop the Calls from Comenity Bank? Your phone harassment checklist:
These robocalls are prohibited:
- Calls made without your prior written consent to the business
- Calls to a residential line listed on the “Do-Not-Call Registry”
- Calls by telemarketers and debt collectors between the hours of 8 a.m. and 9 p.m.
- Calls that do not provide the name of the caller, identify the business behind the call and provide a contact phone number or address
- Calls that do not provide an automatic opt-out mechanism
- Calls that violate the law, such as making misrepresentations or threats
To spot potential Comenity robocalls, listen for signs like these:
- A silent pause between when you answer the call and when the caller begins to speak
- An audible click just after you answer the call
- A prerecorded message instead of a live person on the other end
- A hang-up after you answer
To prepare for a TCPA lawsuit, there are certain steps you can take to strengthen your case:
- For each suspected robocall, make a note of the date and time of the call, the caller’s name, and their contact information.
- Describe the contents of any prerecorded message, or of the conversation you had if you spoke to a live representative.
- Save copies of any relevant cell phone call logs, voicemails, text messages, and cell phone bills.
- Keep a copy of any letter or online contact you send to the caller that asks them to stop calling.
If you’ve been harassed by debt collectors and even one of these has happened to you, we can help. We will fight for your rights.
We can make them STOP!✋
The Lemberg Law legal team is committed to holding debt collectors accountable, so complete our form for a FREE case evaluation, or call 844-685-9200 NOW
What Our Clients are Saying
“Lemberg Law has been great in handling my harassment case . They got the robocalls to stop when I was unable to get my number taken off the company’s list on my own. I highly recommend this law firm to anyone having an issue with pushy bill collectors harassing you”
“Was getting harassed by phone calls. Looked for an attorney that could help online and found Lemberg Law. They took care of everything and kept in contact with me just the right amount. Never expected anything would come of it but they did all the work and it relieved a lot of stress in my life!”
“Lemberg Law was a great choice. They really helped me with my situation. They were very professional and answered any questions I had and responded to my calls and emails. I would definitely use them again and recommend them to others.”
Can You Help Stop Comenity Bank Harassment?
Chances are we can. Call us to today and we’ll tell you how we can help.