Thousands of Cash-Strapped Americans targeted by Debt Collectors.
Dealing with debt collectors can be a stressful and overwhelming experience, especially when it comes to Comenity Bank.
Comenity Bank is a major credit card company in the United States that offers credit and debit card services to over 93 retail stores. They have been connecting consumers to their favorite retailers for over 30 years, but with this, has come an increase in Comenity Bank debt collection harassment. In this article, we will be discussing Comenity Bank debt collection harassment. We will also provide tips on how to stop calls from Comenity Bank and let you know the regulations in place to ensure fair debt collection practices.
First, what constitutes Comenity Bank debt collection harassment?
Comenity Bank debt collection harassment can come in many forms. Debt collectors are prohibited from contacting you at any time of the day, including late at night or early morning, and visiting you at places you have not allowed access to, such as your workplace. They cannot make threats of harming you in person or abuse you over the telephone verbally. Threatening you with legal action that may not be applicable to your case at all, and intentionally providing you with false ‘information’ regarding the debt you owe are also prohibited. Third-party debt collectors are prohibited from passing on information about your debt to another person, or informing the person who answers the phone or your door about your debt. They are not allowed to leave a message regarding details of your debt with friends, relatives, or unauthorized persons.
Debt collectors must inform you that the responsibility of collecting your debt has been handed over to a debt collection agency. Communicating about your debt on social networks like Facebook is strictly prohibited. Falsifying paperwork that scares you into believing that your debt is now a police or court matter is an offense. Debt collectors should not suggest ways in which you can pay off the debt without your permission, and they are prohibited from misrepresenting their identity by posing as an officer of the court. They are not allowed to issue threats to have you arrested or to take away your property for the fulfillment of the debt. Debt collectors cannot collect interest or fees that are above the debt they owe if this amount is not sanctioned by the law. In the case of a bank loan, it also constitutes harassment if the collection agents are using bank numbers to make phone calls for debt recovery.
What does NOT count as harassment from Comenity Bank debt collection?
It is important to note that not all interactions with Comenity Bank count as debt collection harassment. Under the law, Comenity bank’s debt collection agency can make reasonable efforts to collect what you owe them, provided that they do not abuse, threaten, or harass you in the process. Sending you notifications to remind you about your debt, Comenity Bank robocalls that you have consented to, a debt collection representative calling to discuss the status of your debt, visiting your address at a reasonable time of the day, or sending letters via mail, and taking legal action against you over your failure to respond does not count as debt collection harassment from Comenity Bank.
How to stop calls from Comenity Bank
If you are experiencing Comenity Bank debt collection harassment, there are rules in place to stop it from causing you further distress and trauma. The Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA) have been put into place to regulate collection practices and ensure consumers are not harmed. The FDCPA states that harassment in any form is unacceptable, while the TCPA regulates the use of automated equipment to make robocalls and send text messages.
To stop calls from Comenity Bank, you can take the following steps:
- Send a cease-and-desist letter:
According to the FDCPA, you have the right to request that Comenity Bank stops contacting you by phone. You can do this by sending a written cease-and-desist letter to the bank. The letter should state that you want Comenity Bank to stop calling you and that all communication should be done in writing from that point forward. Be sure to keep a copy of the letter for your records. Once the bank receives the letter, they should stop contacting you, nevertheless, this doesn’t solve the problem.
- Block the number:
If you have caller ID, you can block the number that Comenity Bank is calling you from. This will prevent the calls from coming through, but it will not stop the bank from contacting you through other means.
- Consider debt settlement or negotiation:
If you owe money and are unable to pay the debt in full, you may be able to negotiate a settlement or payment plan with the bank. This could help you avoid further collection calls and may result in a lower overall balance due; a consumer rights attorney can help you out with this.
In any case, it’s important to stay informed about your rights as a consumer and to communicate clearly what your preferences are regarding communication. The help of an attorney can also be crucial.
Why should I hire a Professional?
If you are facing debt collection, it is essential to have a consumer protection attorney on your side. Here are some good reasons why you should consider hiring an attorney to help defend you in your debt collection case:
- Understanding of consumer protection laws: An experienced consumer protection attorney will have a deep understanding of federal and state consumer protection laws. They can help you determine if the debt collector is violating your rights under these laws and help you take appropriate legal action.
- Protection against harassment: Debt collectors may use various methods to harass and intimidate you into paying the debt, even if it’s not valid. An attorney can protect you against such harassment by invoking legal protections under the FDCPA.
- Knowledge of legal procedures: Legal procedures can be complex and confusing. A consumer protection attorney will have knowledge of legal procedures, including court proceedings and arbitration, and can help you navigate these procedures more effectively.
- Negotiation skills: An attorney can help you negotiate with your creditors to reach a debt settlement or repayment plan that is in your best interests. They can also provide legal representation in court or arbitration proceedings if necessary.
- Protection against unfair debt collection practices: Debt collectors may use unfair debt collection practices, such as threats, false statements, or deceptive practices, to force you to pay the debt. An attorney can help you identify these practices and protect you from them.
- Peace of mind: Debt collection can be stressful and overwhelming. Having an attorney by your side can provide you with peace of mind, knowing that you have a legal expert on your side who is fighting for your rights and interests. This is probably the most rewarding.
- It costs nothing at all: Yes. Most times, you do not have to pay a consumer rights attorney out of pocket.
Hiring a consumer protection attorney can help you protect your rights, defend against harassment, navigate legal procedures, negotiate with creditors, and provide peace of mind during debt collection proceedings.
In conclusion, debt collection harassment is a serious issue that affects many people. However, it is important to know that you have rights and there are steps you can take to tackle it. The first step is to know your rights under the FDCPA and other consumer protection laws. You can also document all communications with debt collectors and review them with a consumer protection attorney. Additionally, seeking the help of a consumer protection attorney can greatly increase your chances of success in fighting back against debt collection harassment. Remember, you don’t have to face debt collection harassment alone and there are resources and people available to help you.