We represented a consumer who lives in Charlotte, NC. Our client claimed Comenity Bank violated the TCPA and the NCDCA. After a cease and desist request from my office, the calls stopped immediately. Here’s what we alleged against Comenity:
Within the past four (4) years, Comenity started calling Plaintiff’s cellular telephone and Plaintiff’s home telephone number, using an automatic telephone dialing system (“ATDS”). Comenity was attempting to collect on debt(s) originating from Victoria’s Secret and Zales. Defendant called Plaintiff from 614-754-4060. This is one of Defendant’s telephone numbers. In or around but not limited to, September 2017, Defendant’s collector placed a collection call to Plaintiff and spoke with her. During the aforementioned conversation, Plaintiff requested that Defendant cease calling her cell phone. Despite Plaintiff’s request, Defendant continued to call Plaintiff’s cellular telephone number with an ATDS. Defendant’s collector also threatened legal action against Plaintiff on many different occasions.
Defendant violated the Telephone Consumer Protection Act by placing non-emergency telephone calls to Plaintiff’s cellular telephone using an automatic telephone dialing system and/or pre-recorded or artificial voice without consent in violation of 47 U.S.C. § 227 (b)(1)(A)(iii).
Defendant violated to North Carolina Debt Collection Act for the following reasons:
- Defendant violated § 75-51 of the NCDCA by its attempt to collect any debt alleged to be due and owing from a consumer by means of any unfair threat, coercion, or attempt to coerce when Defendant attempted to coerce Plaintiff into making a payment by continuing to call Plaintiff over and over despite being told to stop calling Plaintiff;
- Defendant violated § 75-52 of the NCDCA by its use any conduct, the natural consequence of which is to oppress, harass, or abuse any person in connection with the attempt to collect any debt when it engaged in all of the misconduct described herein;
- Defendant violated § 75-52(3) of the NCDCA by causing a telephone to ring or engaging a person in a telephone conversation with such frequency as to be unreasonable or constitute harassment to the person under the circumstances;
- Defendant violated § 75-54 of the NCDCA by its attempts to collect a debt or obtain information concerning a consumer by any fraudulent, deceptive or misleading representation when Defendant created the fraudulent, deceptive or misleading impression that Defendant was permitted to continue to call Plaintiff with impunity despite Plaintiff requesting that Defendant stop calling her; and
- Defendant violated § 75-55 of the NCDCA by its attempts to collect any debt by use of any unconscionable means when Defendant engaged in all of the misconduct described herein.
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