Harassment from creditors can feel overwhelming, especially if you receive constant calls and letters that invade your personal space. If Comenity Bank or any other debt collection agency contacts you repeatedly, knowing your rights is crucial. This guide will help you understand what constitutes harassment and how to stop the harassing behavior while protecting your financial health.

Understanding Debt Harassment

First, it’s essential to understand what qualifies as debt harassment. Debt collection agencies are subject to strict rules under the Fair Debt Collection Practices Act (FDCPA). When they violate these rules, their behavior is legally classified as harassment.

So, what exactly counts as harassment?

1.      Unreasonable Contact Hours: Debt collectors cannot contact you at unreasonable hours. The FDCPA defines this as calls before 8 AM or after 9 PM unless you have given them explicit permission. If you recieve calls during these times, that’s a clear violation.

2.      Calls at Inappropriate Locations: Collectors shouldn’t contact you at inconvenient places like your workplace, especially if you’ve already told them not to. A violation here isn’t just annoying; it can also be embarrassing and detrimental to your professional life.

3.      Threats or Abusive Language: If a debt collector threatens you with violence, uses abusive language, or makes threats they have no intention (or legal right) to follow through with, this is harassment. They cannot, for example, threaten to have you arrested or seize your property without proper legal procedures.

4.      False Information: A collector may not misrepresent the amount you owe or give you false details about your debt. This includes inflating your debt total, adding unapproved fees or interest, or providing misleading information to pressure you into paying.

5.      Publicizing Your Debt: Debt collectors are not allowed to share your debt details with unauthorized third parties. This includes discussing your debt with friends, family, or colleagues. Leaving a message with someone other than you regarding the debt could also count as harassment, as could sharing information about your debt on social media platforms.

6.      Failure to Inform of Debt Transfer: If your account is sold to a collection agency, the original creditor must inform you. Likewise, the collection agency must tell you they are now responsible for your debt. If neither party informs you of this, they may be in violation of the FDCPA.

7.      Using Fraudulent Documentation: Some debt collectors might try to use fraudulent documents to intimidate you. For example, they might send letters that appear to be from a court or law enforcement agency, suggesting your debt has become a legal matter when it has not.

8.      Encouraging Extreme Measures to Pay Off Debt: Debt collectors cannot force you into selling personal assets, like your home, to settle your debt unless there is a legal foreclosure process in place. Even then, the law must be followed to the letter.

9.      Misrepresenting Their Identity: Some debt collectors may impersonate a legal or government official in an attempt to scare you. This is illegal. You should always verify the identity of the person contacting you.

10.  Unlawful Fees and Interest: Collectors cannot add extra fees or interest to your debt unless it’s permitted by the original contract or state law. If Comenity Bank or its collection agency tacks on unapproved charges, it’s violating the FDCPA.

A Closer Look at Comenity Bank

Comenity Bank is one of the largest issuers of retail-branded credit cards in the United States. Headquartered in Columbus, Ohio, Comenity partners with over 150 retailers to offer branded credit cards, including famous names like Victoria’s Secret, Forever 21, Zales, and J.Crew. With a focus on store-specific credit cards, Comenity caters to consumers with a range of credit scores, which can make their cards accessible to individuals with lower credit.

However, this accessibility comes with drawbacks. Comenity Bank has faced numerous complaints from customers, particularly regarding debt collection practices. Many cardholders report being subjected to excessive late fees, difficulty disputing charges, and harassing phone calls, especially after falling behind on payments.

Common Complaints Against Comenity Bank

1.      Unjustified Late Fees: Many consumers have reported being hit with late fees even after making on-time payments. This is a significant issue, as unjustified fees can quickly snowball into a more substantial debt, leading to more pressure from collectors. If you’ve experienced this, it’s important to double-check your statements and payment records to ensure you aren’t being unfairly charged.

2.      Frequent, Unwanted Calls: If you’re receiving multiple phone calls a day from Comenity Bank, it could be a sign of harassment. Especially if you’ve asked them to stop and they continue calling, their behavior may be crossing the line into illegal territory.

3.      Difficulty Disputing Charges: Some cardholders report having a hard time disputing charges or resolving billing issues with Comenity Bank. This can be incredibly frustrating when the customer believes they were wrongly charged. If you’re experiencing this, you may want to escalate your issue to the Consumer Financial Protection Bureau (CFPB) or seek legal advice.

Comenity Bank and Debt Collection Harassment

Comenity Bank’s collection practices have come under scrutiny, with customers reporting excessive and intrusive contact after falling behind on their credit card payments. Some have also claimed that the bank’s collection tactics violate the Telephone Consumer Protection Act (TCPA) and the Fair Debt Collection Practices Act (FDCPA).

In some cases, consumers have successfully pursued legal action against Comenity Bank for their aggressive debt collection tactics. The TCPA, for instance, regulates explicitly how businesses, including debt collectors, are allowed to contact consumers. Under the TCPA, robocalls (automated calls) are restricted, and you must have given explicit consent for the company to contact you this way.

Your Legal Rights Under the FDCPA and TCPA

The FDCPA provides strong protections against Comenity bank harassment. Under this law, debt collectors cannot engage in abusive, deceptive, or unfair practices when trying to collect a debt. If you feel that Comenity Bank’s collectors are violating these rules, you may have grounds to take legal action.

Here’s a breakdown of your fundamental rights under the FDCPA:

·         No Harassment or Abuse: Collectors cannot harass, oppress, or abuse you. This includes making threats, using obscene or profane language, or contacting you repeatedly in a manner intended to annoy or intimidate.

·         Accurate Information: Collectors must provide you with accurate and truthful information about your debt. They cannot misrepresent the amount you owe or make false claims about their authority to collect the debt.

·         Communication Restrictions: Collectors are limited in when and how they can contact you. As mentioned earlier, they cannot call before 8 AM or after 9 PM without your consent. If you notify a collector in writing that you no longer wish to be contacted, they must stop except to inform you of specific legal actions.

The TCPA offers further protections when it comes to phone calls. This law is fundamental in the age of robocalls and mass communication.

Under the TCPA, you have the right to:

·         Restrict Robocalls: You must give consent before a company can contact you via an automated system (robocall). If Comenity Bank or its debt collectors are using robocalls to contact you without your permission, they may be violating the law.

·         Revoke Consent: Even if you initially gave permission for robocalls, you can revoke that consent at any time. Once revoked, they are required to stop using automated calls to contact you.

How to Stop Comenity Bank’s Harassment

If you believe Comenity Bank is harassing you, there are steps you can take to protect yourself and stop the unwanted behavior.

• Send a Cease-and-Desist Letter

One of the most effective ways to stop debt collection harassment is to send a cease-and-desist letter. Under the FDCPA, when you send this letter to a debt collector, they are required only to contact you if it’s to confirm they received the letter or to notify you of a specific legal action, like a lawsuit.

While you can draft a cease-and-desist letter on your own, it’s often advisable to have a lawyer assist you in order to word the letter properly and address all necessary legal points. Be sure to send the letter via certified mail so you have proof of receipt.

• Dispute the Debt

If you believe that the debt is not legitimate or the amount is incorrect, you have the right to dispute it. Under the FDCPA, you can request that the debt collector provide verification of the debt. This forces them to send proof of the debt’s legitimacy, such as the original contract or a detailed accounting of how the amount was calculated.

Once you dispute the debt in writing, the collector must only contact you once they provide the requested verification.

• Document Everything

Keep a detailed record of every call, text, letter, or email you receive from Comenity Bank or their collection agencies. Include the date, time, method of contact, and a summary of the conversation. This documentation can be invaluable if you choose to pursue legal action against the collector.

Make sure to note any instances of harassment, threats, or false information. The more specific your records, the better your case will be if it ends up in court.

• Contact a Consumer Rights Attorney

If Comenity bank harassment persists despite your attempts to stop it, it may be time to contact an attorney. The Wood Law Firm can help you navigate the complexities of the FDCPA and TCPA, and they can assist you in filing a lawsuit if necessary.

Many attorneys work on a contingency fee basis, meaning that you only have to pay when you win your case. This makes it easier for consumers to access legal representation without worrying about upfront costs.

The Role of State Laws in Debt Collection

While federal laws like the FDCPA and TCPA provide robust protections for consumers, many states have their own laws governing debt collection practices. In some cases, these state laws offer even more robust protections than federal laws. For example, some states have stricter rules about the times during which debt collectors can contact you, or they may impose additional restrictions on the types of communication allowed.

It’s essential to familiarize yourself with the debt collection laws in your state. An attorney from The Wood Law Firm will be able to advise you on the best possible solutions.

What to Do If You’ve Already Settled Your Debt

If you’ve already settled your debt with Comenity Bank, but they continue to contact you, it’s essential to take immediate action. Here are the steps you should follow:

1.      Inform Them of the Settlement: Clearly state that you have settled the debt. If possible, provide documentation, such as a settlement agreement or proof of payment, to back up your claim.

2.      Request a Debt Validation Letter: Within five days of their initial contact, request that the collector send you a validation letter outlining the details of the debt. This is a vital part of the the FDCPA, and it can help you clarify whether there is a legitimate issue or if the collector is acting in bad faith.

3.      Check Your Credit Report: You should not have a settled debt causing problems on your credit report. Request a copy of your credit report from all three major credit bureaus (Experian, Equifax, and TransUnion) to ensure everything is fine.

4.      Send a Cease-and-Desist Letter: If they persist in contacting you after proof of debt settlement, send a formal cease-and-desist letter demanding that all communication stop.

5.      Keep Detailed Records: As with any ongoing debt issue, keep detailed records of every communication you have with Comenity Bank or its collectors. This will be crucial if you decide to take legal action.

Case Studies of Debt Harassment

While not every debt collection case ends in litigation, some consumers have successfully sued debt collectors for harassment, and these cases can serve as valuable examples.

1.      Case Study: Excessive Calls Result in TCPA Violation: In a landmark case, a consumer sued a debt collector for violating the TCPA by making hundreds of robocalls to their cell phone without permission. The court ruled in the consumer’s favor, awarding significant damages. This case demonstrates the importance of understanding your rights under the TCPA and documenting excessive or unauthorized calls.

2.      Case Study: FDCPA Violations for Misrepresentation: It is not uncommon for debt collectors to be guilty of violating the FDCPA by misrepresenting the amount of the consumer’s debt and using threatening language. In such cases, the consumer usually gets damages, and the cases generally highlight the importance of holding collectors accountable for providing accurate information and treating consumers with respect.

What to Do If You Suspect Fraud

Debt collection fraud is becoming increasingly common, with scammers posing as legitimate debt collectors to trick consumers into paying money they don’t owe. Here are some red flags to watch out for:

·         Unknown Callers: If you receive a call from someone claiming to be a debt collector but you don’t recognize the name or company, proceed with caution. Always ask for written verification of the debt before making any payments.

·         Pressure to Pay Immediately: Scammers often try to pressure consumers into paying immediately, threatening legal action or other dire consequences if they don’t comply. Legitimate debt collectors will give you time to review the details of the debt and won’t push you to make immediate payments.

·         Debt You Don’t Owe: If Comenity bank contacts you about a debt you don’t remember incurring, or if the amount seems incorrect, request proof. Never assume the debt is legitimate without verification.

Conclusion: Regain Control Over Comenity Bank Harassment

Harassing calls from debt collectors, including Comenity Bank, can be an incredibly stressful and frustrating experience. However, you don’t have to tolerate illegal behavior. By understanding your rights under federal and state laws, documenting every interaction, and taking appropriate legal action, you can put an end to the harassment and regain control of your financial well-being.

If you need help stopping Comenity bank harassment, don’t hesitate to contact The Wood Law Firm. Many attorneys offer free consultations and work on a contingency fee basis, meaning there’s little to no upfront cost to you. With the proper legal assistance, you can protect yourself from harassment and potentially recover damages for the stress and disruption caused by illegal debt collection practices.

Call us today at +1 844-638-1122 for a free consultation and to learn more about how we can help you stop debt collection harassment.