If you owe money to Comenity Bank, things can get quite stressful.
Many of us are all too familiar with the actions of a stereotypical collector when they are looking to collect a debt. The nonstop phone calls, the harassment of neighbors and co-workers, the letters coming to the door.
Well, the truth is, many of these practices are illegal. The Telephone Consumer Protection Act (TCPA) and the Fair Debt Collection Practices Act (FDCPA) are pieces of legislation that Congress put in place to protect consumers from any practices that collectors use that might be considered harassment.
Unfortunately, Comenity Bank is not subject to the FDCPA because it is an original Creditor, not a debt collector. That doesn’t mean it can get away with all of its harassing conduct. Comenity Bank has been known to use collection practices that violate the TCPA. This article will take a look at the bank’s actions and give you information on how you can protect yourself.
What conduct is illegal under the TCPA?
According to the TCPA, companies cannot call a consumer’s cellular phone using an automatic telephone dialing system or prerecorded or artificial voice message without the consumer’s express consent. Comenity Bank has repeatedly violated this law.:
Who is Comenity Bank?
Comenity Bank is a financial institution that offers credit and debit cards which are mostly related to retails stores. They have provided close to 34 million Americans with credit cards that they can use to shop at well-known retail locations.
Comenity also acts as a debt collector for people with outstanding debt on their credit cards. In doing so, they have been accused of using unfair or misleading strategies to collect a debt. Many consumers claim that they have purposely posted payment requests with an additional delay to collect extra fees. Others allege that the company runs unauthorized credit reports and charges bank accounts with unwanted charges.
The bank has also been accused of calling consumers several times a day despite requests to stop. Other accusations state that Comenity never provided its contact information when attempting to collect a debt.
Cases Against Comenity
Under the TCPA, a successful plaintiff can receive monetary damages that range from $500 to $1500 per harassing call. Consumers have taken action against Comenity to be compensated for the negative effects the bank’s calls have had on their mental and emotional health.
One consumer, Lejune Brown, filed a class-action lawsuit against the bank alleging she was contacted on her cellphone by an automatic dialer. She also claimed the calls continued despite requests that the company stops contacting her.
Millions of other consumers have taken action against the bank. In 2014, a class-action lawsuit was settled for about $8.5 million due to 4 million people receiving unwanted robocalls on their cellphones.
Taking Legal Action Against Debt Collection Harassment
If Comenity or any debt collector has acted in a way the violates the TCPA or FDCPA when trying to collect a debt from you, it is a good idea to seek the help of a reliable attorney. The right lawyer will inform you of your rights, help you collect the necessary evidence for your case, and take the legal stress and legwork off your hands.
If you are looking for a good lawyer in the state of Louisiana, Samuel Ford of Scott, Vicknair Hair & Checki knows these cases inside and out.
The SVHC team has years of experience in the field of consumer protection. They take a client-centered approach keeping the people they represent in the loop in every step of the decision-making process. Their aggressive representation and winning record have helped SVHC establish a reputation for exceptional legal skills.
If you are being harassed by a debt collection agency, don’t let them get away with it. Call the SVHC team to find out how SVHC can protect your rights.