The Law Office of Paul Mankin

Is Big Lots Harassing You About Your Past Due Credit Card Account?

Is Big Lots repeatedly calling you about your credit card account? You can stop the calls by working closely with a consumer protection lawyer who will help you protect your rights. Even if you are past due on your account, creditors cannot harass you.

Your Big Lots credit card is owned by Comenity Capital Bank. Comenity and its third-party debt collectors are known to harass consumers like you. Attorney Paul Mankin can help you stop the calls and hold the creditors accountable. Call Law Office of Paul Mankin, APC at 800-219-3577 for a case consultation.

Who Is Big Lots?

Big Lots Stores, Inc. (Big Lots!) is an American retail company based in Columbus, Ohio. It has more than 1,400 stores in 47 U.S. states.  They sell furniture, home goods, décor, clothing, toys, health and beauty items, and various other items.

Big Lots! originated as Odd Lots in 1982 as a closeout store. The stores were originally owned by Consolidated Stores Corporation. When the brand was bought out by Revco, a drug store chain, they began to expand outside of Columbus, Ohio. They did enter Canada in 2011, but they exited the Canadian marketplace in 2014 due to poor sales.

Big Lots Credit Cards and Rewards Cards

Big Lots! has both a rewards card and a credit card available to consumers. The rewards card does not involve purchasing items on credit and is not owned or affiliated with Comenity Capital Bank. However, the Big Lots credit card is owned by Comenity Bank, and if you get behind on payments, Comenity will call you to try to recover that debt.

Benefits of the Big Lots credit card include money back rewards, no interest when purchases are paid within a certain amount of time, flexible financing options, new cardholder discounts, and cardholder exclusive offers.

Why Is Comenity Bank Calling About My Big Lots! Credit Card Account?

Your Big Lots credit card is owned and managed by Comenity Bank. Thus, if you miss a payment, Comenity Bank will call you to try to recover that debt. If they are unsuccessful, they may hire a third-party debt collector to make those calls. They may even sell your debt for pennies on the dollar and a third party will own your debt.

Comenity Bank and their third-party debt collectors are known to harass consumers like you. If they do refuse to respect your rights, then you should immediately contact a consumer rights attorney. Call attorney Paul Mankin at 800-219-3577 for a case consultation.

State and Federal Consumer Rights Laws

State and federal consumer rights laws protect you against Big Lots credit card harassment. The Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), and Rosenthal Fair Debt Collection Practices Act (RFDCPA) prohibit creditors from violating consumer rights.

  • FDCPA – This federal consumer protection law prohibits Comenity Bank from using abusive, deceptive, and unfair actions to recover debts from consumers like you. You can get statutory compensation for violations of the FDCPA. Violations of this law should be reported to the Federal Trade Commission (FTC).
  • TCPA – This federal law addresses the way telephone marketers can contact consumers and prohibits harassment. It also allows the Federal Communications Commission (FCC) to establish a national Do-Not-Call List.
  • RFDCPA – This is California’s consumer rights law that requires creditors to treat debtors with respect, fairness, and honesty. If harassment occurs, it allows consumers to get statutory compensation as well as damages for emotional distress.

How Does Comenity Bank Harass Consumers About Their Big Lots Accounts?

Comenity Bank and third-party debt collectors often harass consumers who have Big Lots credit card accounts. They violate consumer rights laws by:

  • Using inappropriate, abusive, or obscene language on phone calls
  • Threatening consumers with violence
  • Repeatedly calling consumers an unreasonable number of times
  • Lying about the legal status of a debt
  • Threatening a lawsuit if they do not intend on filing one
  • Calling at unreasonable hours of the day and night (before 8:00 a.m. or after 9:00 p.m.)
  • Talking to unauthorized parties about your debt

How Much Money Can I Get For My Big Lots Credit Card Harassment Lawsuit?

If you do have to file a lawsuit against Comenity Capital Bank for harassment, then you may be able to get statutory compensation (an amount set by law) as well as damages for emotional distress. The exact amount you can get depends on:

  • Severity of legal violations
  • Number of times laws were violated
  • Your actual damages

The federal FDCPA allows you to get statutory compensation of $1,000 as well as attorney fees and court costs. California’s consumer protection law, the RFDCPA allows for statutory damages, but also allows you to get damages for emotional distress. Some plaintiffs have received as much as $300,000 for the harassment they faced.

Contact a Big Lots Credit Card Harassment Lawyer For Help

If you are being harassed by Big Lots, Comenity Bank, or a third-party debt collector because of your past due credit card account, you need to contact a consumer rights attorney as soon as possible. These companies will try to cover up their illegal actions, and we need to collect the evidence quickly. Our first step is a case consultation so we can find out exactly what is happening with your case.

Attorney Paul Mankin is ready to fight for you. Call Law Office of Paul Mankin, APC at 800-219-3577 to move forward with your case.