If you have a GameStop credit card and Comenity Bank is calling you day and night, you may be able to get damages to compensate you. Have you asked them to stop, but they continue to harass? Even if you are behind on payments, you have rights.
If Comenity Bank, GameStop, or another creditor is harassing you or otherwise violating your rights, you should immediately contact Law Office of Paul Mankin, APC. We know that companies like Comenity Bank try to take advantage of people like you. Call today at 800-219-3577 to schedule a consultation.
Your Legal Rights When GameStop is Harassing You
Being in debt is hard enough without a creditor constantly harassing you. You're likely stressed out and unsure about your rights. There are state and federal laws that protect consumers like you, including the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), and California's Rosenthal Fair Debt Collection Practices Act (RFDCPA).
Comenity Bank is not permitted to:
- Use harassing, abusive, or obscene language when they call you
- Threaten you with violence
- Make an unreasonable number of phone calls
- Lie about the legal status of your debt
- Threaten a lawsuit if one is not pending
- Call you at unreasonable hours (before 8:00 a.m. or after 9:00 p.m.)
- Inform an unauthorized party about your debt
Although consumer protection laws are clear, companies like Comenity Bank and their third-party collectors violate the TCPA, FDCPA, RFDCPA, and other regulations all the time. According to the Federal Trade Commission (FTC), every year more than 200,000 people complain about debt collection and harassment by creditors.
If you've received calls about your GameStop PowerUp Rewards Credit Card and Comenity Bank is harassing you, you should immediately contact a debtor defense lawyer. Attorney Paul Mankin is here to help you understand your rights. Call 800-219-3577 to schedule a case consultation.
The FDCPA Protects You Against Harassment
The Fair Debt Collection Practices Act (FDCPA) is a federal law overseen by the Federal Trade Commission (FTC). Violations of its regulations should be reported to the FTC. The FDCPA works to stop abusive, deceptive, and unfair debt collection practices by creditors like Comenity Bank. Under the FDCPA, you can get monetary damages if a creditor is harassing you or otherwise violating the law.
State Laws Protect You Also: The RFDCPA
The Rosenthal Fair Debt Collection Practices Act (RFDCPA) is a California law that imposes restrictions on creditors. It attempts to make debt collectors act with fairness and honesty in order to respect the rights of debtors. The RFDCPA allows for damages in a similar manner as the FDCPA; however, it also expands the ability to collect compensation for emotional distress.
Telephone Marketers Are Guided By the TCPA
The Telephone Consumer Protection Act (TCPA) works to stop harassing phone calls from telephone marketers, which may include Comenity Bank and the GameStop credit card. This federal law gives the Federal Communications Commission (FCC) authority to implement regulations addressing the rights of consumers. It also allows for the coordination of a national Do-Not-Call registry that applies to nearly all telemarketers.
About the GameStop PowerUp Rewards Credit Card
The GameStop credit card allows consumers to shop in-store and online with credit so that they can pay over time. If a consumer purchases multiple items in an order, each shipment created may result in a separate credit plan with minimum purchase requirements and individual interest charges. The credit card also offers PowerUp Rewards, which issues credits or points that can be used for future purchases. The GameStop PowerUp Rewards credit card is issued by Comenity Capital Bank.
Why Is Comenity Bank Calling Me About My GameStop Account?
You might think you have a credit card form GameStop, but in reality, it is a store-specific line of credit issued by Comenity Bank. Your GameStop account is managed by Comenity Capital Bank. If you fall behind or don't pay the total amount due on time, Comenity Bank may call you to get the money they feel you owe.
Comenity Bank and their third party collectors are known for using harassing tactics to collect on past due accounts. They may not comply with your requests to stop calling at work or to communicate with you via mail only. These practices are illegal, and they may owe you damages if they violate your rights.
Comentiy Bank and GameStop Credit Card Frequently Violate Laws
Comenity Bank often partners with third party debt collection agencies to attempt to collect a debt. Both entities frequently violate state and federal laws. Some key parts of these regulations that Comenity Bank violates include:
- Failure to honor a “Do Not Call” request
- Sending unsolicited advertisements by auto-dialer without consent
- Not allowing consumers to opt out of robocalls
- Failure to identify themselves on a call
Some of these calls are made by “auto-dialers” or “robocallers.” If you receive a call with an voice message or recorded statement, it's likely an automated call. You may be transferred to a real person. However, in some situations, you are not given an option to confirm information with an individual on the phone. Additionally, you are not likely given an option to opt out of these calls or be placed on their do not call list. These are illegal tactics and Comenity Bank should be held accountable for breaking the law.
How Much Can I Get for My Harassment Case Against GameStop Credit Card?
You can sue Comenity Bank and their third-party collectors for harassing you about your GameStop credit account. The value of your case depends on several factors, including:
- Severity of violation of the law
- How many times they have acted illegally
- Your actual damages
Under the FDCPA, you can get up to $1,000, court costs, and attorney fees for a creditor harassment case. However, California's RFDCPA may allow you to get even more. Some cases have resulted in damages of up to $300,000 for emotional distress caused by the creditors' violations of consumer rights.
You don't have to pay legal fees in a debt harassment lawsuit if you win. Instead, the defendant creditor will have to pay court costs and attorney expenses.
A GameStop Credit Card Harassment Lawyer Can Help You
If you have a GameStop credit card and Comenity Bank or a third-party collection agency have been harassing you, then you may be able to get financial compensation. You have rights, even if you are not up to date on your account.
Attorney Paul Mankin can help you stop the harassing phone calls and get money for the stress you've faced.
Call Law Office of Paul Mankin, APC at 800-219-3577 to schedule a case consultation.
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