Comenity Bank is yet again facing TCPA violations over allegations of using automated equipment to make telephone calls for the purpose of debt collection, which are leading to consumer harassment. To begin with, Comenity Bank isn’t a traditional banking services provider, but provides credit cards, including store credit cards.
When a consumer fails to pay back the credit amount owed, they can be called by the bank to recover the money.
Comenity Bank, however, has been in the news off and on for violations of the TCPA, a law regulating the use of automated telephones as well as overall communication made over the telephone for the purpose of debt collection.
This time, a class action lawsuit has been filed against Comenity Bank by Lejune Brown, who alleges that she was contacted on her cellphone with an automatic dialer. Moreover, she was contacted despite requests to stop contacting her. The TCPA, in case of violations, allows for consumers to get $500 as compensation and $1500 in the case of willful violations.
What is Debt Collection Harassment ?
Debt Collection is a legal activity. But when it translates into stress and anxiety for the consumer, it no longer is legal. The law has guidelines specifically for the purpose of debt collection, including the following practices that are out of bounds for debt collectors:
- Calling you any time of the day, including late night or early morning. Calling you at your workplace.
- Passing on information about your debt to another person; giving debt-related information to the person who answers the phone. Leaving a message regarding details of your debt with friends or relatives or neighbors.
- Not informing 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.
- Producing paperwork that implies that your debt is now a police or court matter.
- Suggesting ways in which you can pay off the debt, including selling your home or taking on another line of credit.
- Debt collectors must identify themselves. Posing as an officer of the court is illegal.
One of the key TCPA guidelines implies that businesses need to have express consent to make phone calls to consumers.
A Past That Is No Stranger to Lawsuits
Comenity Bank has, in the past as well, made calls to consumers without their consent and on their cellphones. It has been alleged in the past that calls were made on cellphones and were continued despite requests to stop.
What Can You Do to Stop This?
If your requests to stop communication do not yield results, you should contact a professional lawyer or advocate who understands the TCPA and can help you fight the harassment.
A professional can help you:
- Identify your case better; points where you can sue for harassment.
- Help you understand your rights better so you do not passively face the stress and harassment. You are better equipped to face your creditors better.
- Supporting you and helping you deal with the stress and anxiety.
About Us:
Legal Rights Advocates, PLLC is a law firm that specializes in helping clients who are facing harassment from debt collectors in any form, including telephone communication. Our team of TCPA attorneys , over the years, has helped countless clients get protections from debt collection practices that are deemed as unlawful and illegal under the FDCPA.
If you are interested in learning more about how to safeguard yourself better from the harassment faced from Comenity Bank, call us at (855) 254-7841 for immediate assistance.
