Debt collection calls can be more than annoying. They can ruin your life if they are frequent and the collectors harass you. If you have faced harassing phone calls about your WinterSilks credit card account, you may be entitled to compensation.
Your WinterSilks credit card account is owned and managed by Comenity Bank. This company is known to harass debtors like you. Attorney Paul Mankin can make the harassment and annoying calls stop. Call Law Office of Paul Mankin, APC today at 800-219-3577 to schedule a case consultation.
Who Is WinterSilks?
WinterSilks is a retail company that sells silk clothing, sleepwear, underwear, and undergarments for men and women. The company was founded in 1999 and primarily sells clothing online and via catalog.
Why Is Comenity Bank Contacting Me About My WinterSilks Credit Card?
The WinterSilks credit card and WinterSilks VIP plus cards are credit accounts owned and managed by Comenity Bank. If you fall behind on payments, you will be contacted by Comenity Bank or one of their third-party collection companies.
If Comenity Bank is unable to get money from you, they may sell your debt to a third party who will have the same rights to collect the debt. These companies may even try to tack on excessive interest rates and fees to what you owe.
How Far Can a Debt Collector Go to Get Money from a Debtor?
Debt Collectors like Comenity Bank and third-party agencies are known to violate state and federal laws then collecting debts. While they are allowed to make phone calls and send mail, they cannot harass you or treat you unfairly. If they do, they are violating consumer protection laws like the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), and California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA).
Some of the illegal actions Comenity Bank often uses include:
- Using abusive or obscene language on the phone
- Making false claims about lawsuits
- Calling repetitively or an unreasonable number of times
- Calling extremely early or late (before 8:00 a.m. or after 9:00 p.m.)
- Discussing debt with unauthorized parties.
If a debt collector uses any of these tactics with you, they should be reported immediately. A consumer rights attorney can help you through the process. Contact attorney Paul Mankin for guidance or to file a credit card harassment lawsuit. Call Law Office of Paul Mankin, APC at 800-219-3577 to schedule a case consultation.
Laws That Protect Consumers from Creditor Harassment
You have rights against harassment and mistreatment by creditors, even if you are past due on your payments. The primary federal laws that protect you include the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA). Many states also have similar laws, such as California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA).
- The FDCPA prohibits unfair debt collection practices. Violations of this law should be reported to the Federal Trade Commission (FTC). You can get statutory compensation if you are harassed by creditors.
- The TCPA applies to creditors and marketers who use telephones to contact consumers. It also allows the Federal Communications Commission (FCC) to operate the national Do-Not-Call list.
- California’s RFDCPA is similar to many other state laws. It requires creditors to treat debtors with honesty and fairness. You can get statutory and emotional damages under the RFDCPA.
Can I Get Money for My WinterSilks Credit Crad Harassment Lawsuit?
Yes, if you have been harassed by creditors like Comenity Bank about your WinterSilks credit card account, then you may be able to get money from those companies. The exact amount of compensation you are eligible for depends on several factors, including:
- The nature of the legal violations by creditors
- The number of violations by creditors
- Your actual damages
Under the FDCPA, you can get up to $1,000 in statutory damages. Creditors typically also have to pay for attorney fees and court costs.
Under the RFDCPA and many other state consumer protection laws, you can get money for statutory damages as well as emotional distress. In fact, some California plaintiffs have received as much as $300,000 in emotional damages.
Don’t Acknowledge a Debt or Claim Responsibility
If a debt collector calls you and asks you to verify information about the debt or yourself, you should refuse. There are multiple reasons for this:
- The debt may be too old to file a lawsuit about, but if you reconfirm and promise to pay, then the debt may be renewed.
- You may not actually owe the amount of money the debt collector is claiming.
- The debt may belong to someone else with a similar name, address, or phone number.
- The person calling you may be a scam artist. Debt collection fraud is common.
You should never make a payment to a debt collector over the phone. Additionally, you should refuse to talk to them until you get legal advice from a consumer rights law firm.
Contact a WinterSilks Credit Card Harassment Lawyer Today
WinterSilks offers an array of high-quality clothing, but they do not always treat their customers well. If you have a WinterSilks credit card account with Comenity Bank, watch out for their harassing tactics. You don’t deserve to be treated poorly.
Attorney Paul Mankin is a consumer rights attorney who can stop the harassing phone calls by debt collectors. He knows the state and federal laws that apply to your case, and he will work to protect you. Call Law Office of Paul Mankin, APC today at 800-219-3577 to schedule a case consultation.