Couser Comenity Settlement
- Comenity Bank will pay over 8 million dollars to a class of 4 Million in a TCPA lawsuit
- The case was held in the state of California and centered around the Telephone Consumer Protection Act
- The lawsuit was filed by Plaintiff Carrie Couser in the year 2012
Ms. Couser started the lawsuit because of phone calls she received from Comenity using a auto dialer (up to 5 phone calls a day). The bank was calling her in an attempt to collect a debt owed by her mother. The class is defined as anyone who might have received a phone call from Comentiy (using a auto dialer) between the dates of August 1, 2010 to May 26, 2014.
Comenity Settlement Notes
- Class members will receive a settlement in the amount of 98 cents to 32 dollars pending the amount of claims that are received
- 2 million dollars of the settlement will be paid to the attorneys representing the class members
- The case is numbered 3:12-cv-02484 and is entitled Carrie Couser et al. v. Comenity Bank et al
- The lawsuit was held in the U.S. District Court for the Southern District of California
From the Comenity Settlement Motion:
“”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,”
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