Charlotte, NC. Consumer Says Comenity Bank Harassed Him

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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Submitted Complaints

Told I owed 500 dollars I have no card !!! Did not rec bill just call asked them to send me itemized statement they did not but said they did . Another call I requested statement again they sent only with balance and late fee. No Charges so I could find out

Comenity Bank won't stop calling my work. They now are calling family and friends harrassing them and calling them at odd hours. (I have never gave out anyone's number and don't know how they are getting everyone's phone number, that includes people I have not spoke to in years). Please have them stop calling.

Phones calls started last Thursday at 8:30 am and about 5 times thru out the day every day sense last Thursday I put their number on the NOMOROBO CALL LIST. I hope this will work or you be herein from me ASAP . THANK YOU Donna

This number calls me all day from early to late at night. They never leave a message and when I call back it's a recording then a hang up!

Someone opened an account in my name fraudulently and I asked them to stop the calls. They have continued to call and harass me on my cellphone. They threaten me until I started making payments on the account just to keep them from destroying my credit report. I had the payments drafted directly from my checking account. Well as they would send out statements to me , I noticed that the balance was increasing instead of decreasing! Now from the beginning of them contacting me, they informed me that the account was closed..... But when I confronted them about the balance; I was told the account was still accumulating late fees and interest ! I immediately asked the rep., how does an account that is supposedly closed , accumulate those items? I was given some insane explanation! After which, I told them that I was only agreeing to pay to keep my credit report in good standing! Because I have a daughter in college and I have to be able to borrow money to help with her tuition! And granted you, this was originally a 742.00 balance. I agreed to allow a deduction of 100.00 biweekly; because I wanted this over with as soon as possible. So after seeing their under the table actions, I told them to stop the ach withdrawals immediately. And not to call me anymore! That this was the act of stolen identiy, and knowing that I didn't do it ; told them unless they could show me an application with my signature.... I wasn't paying another dime! Yet til this day they continue to call from various numbers ( some robot calls, some live). I now let all my calls go to voicemail for documentation purposes..... If you can help me, I would certainly like my money back , as well as a stop put to their unethical tactics!!!!!! Help!!!!!

Comenity bank is even calling up my children and family members. Telling them I gave them the number

Harassing phone calls day and night with Genpack Services and Comenity as well!

I have been receiving numerous calls, and voicemails from that Comenity Bank requesting for me to contact them right away. I never heard of this bank or have any accounts with them, so I did not return their calls. I just checked the number on-line & saw your notice regarding them.