If you had an Abercrombie & Fitch credit card, you may wonder why Comenity Bank or other third-party collectors are not contacting you. Although you were able to use the card at Abercrombie & Fitch, the card was actually managed by Comenity. If you are past due on payments, the bank and their collection agencies may be trying to collect on that debt.
Comenity Bank and its third-party debt collectors are known to harass and violate the rights of people with Abercrombie & Fitch credit cards. Attorney Paul Mankin will help you stop the calls from creditors and get you back on your feet. Call Law Office of Paul Mankin, APC at 800-219-3577 for a consultation.
Who Is Abercrombie & Fitch?
Abercrombie & Fitch was founded as Abercrombie Co. in 1892 by David Abercrombie. The stores originally sold outdoor supplies, including high quality camping, fishing, and hunting gear.
Abercrombie & Fitch has evolved to be a global retailer of apparel and accessories for men, women, and children. They are comprised of five brands, including Abercrombie & Fitch, abercrombie kids, Hollister, Gilly Hicks, and Social Tourist.
The company has three home offices in Columbus, Ohio, USA; London, England; and Shanghai, China. It has more than 750 stores and employs over 25,000 associates.
What Is the Abercrombie & Fitch Credit Card?
The Abercrombie & Fitch credit card was issued by Comenity Capital Bank, which is based in Draper, Utah. The credit card was offered by Abercrombie & Fitch until May 2020. The company does still offer a membership-based points system called myAbercrombie.
Since Comenity Bank actually owns the credit accounts issued under the name of Abercrombie & Fitch, the bank is the entity that will contact you if you fall behind on payments. They may even transfer your account to a third-party debt collector who will make calls on their behalf.
State and Federal Laws Protect You Against Comenity Bank’s Harassment
Even if you are behind on payments to your Abercrombie & Fitch credit card, Comenity Bank does not have a right to harass you. There are state and federal laws that protect consumers’ rights, including the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), and California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA).
Abercrombie & Fitch credit card debt collectors cannot:
- Use abusive, harassing, or obscene language towards you
- Threaten to be violent
- Call you an unreasonable number of times
- Lie about the legal status of your debt
- Threaten to sue you if a lawsuit is not pending
- Call at unreasonable hours (before 8:00 a.m. or after 9:00 p.m.)
- Tell an unauthorized party about your debt
Comenity Bank, Abercrombie & Fitch credit card, and their collection agencies have been sued many times for violating the TCPA, FDCPA, RFDCPA, and other regulations. Despite ongoing efforts to stop the harassment, the Federal Trade Commission (FTC) reported that there are more than 200,000 complaints every year about creditors violating the rights of consumers.
If your consumer rights have been violated by Comenity Bank or a collection agency regarding your Abercrombie & Fitch credit card, you should immediately contact a debt harassment lawyer. Call attorney Paul Mankin at 800-219-3577 to schedule a case consultation.
The FDCPA Protects You Against Abercrombie & Fitch Harassment
The Fair Debt Collection Practices Act (FDCPA) protects consumers against abusive, deceptive, and unfair collection practices by creditors like Comenity Capital Bank. Violations of the FDCPA by Abercrombie & Fitch credit card and collection agencies should be reported to the FTC. You can get compensation for damages under the FDCPA if your rights have been violated.
California’s RFDCPA Protects Consumers’ Rights
The Rosenthal Fair Debt Collection Practices Act (RFDCPA) is a California state law that protects consumers’ rights in a similar manner that federal laws protect debtors. It forces debt collectors to respect the rights of debtors and act with fairness and honesty. You can get statutory damages under the RFDCPA like you can federal laws; however, you may also be eligible for emotional distress as well.
Consumers Are Protected By the TCPA
The Telephone Consumer Protection Act (TCPA) primarily applies to telephone marketers. It allows the Federal Communications Commission (FCC) to make regulations that prohibit harassment of consumers. The FCC also coordinates the national Do-Not-Call registry under the TCPA.
How Does Abercrombie & Fitch and Comenity Bank Violate Laws?
Comenity Capital Bank and their third-party collection agencies will make calls to recover past due debt for Abercrombie & Fitch credit cards. They often violate state and federal consumer protection laws. Some of the ways they violate consumer rights include:
- Failure to honor a “Do Not Call” request
- Unsolicited advertisements
- Auto-dialer calls without consent
- Not allowing consumers to opt out of robocalls
- Failure to identify themselves or the original creditor on the call
Abercrombie & Fitch debt collectors often use “auto-dialers” or “robocallers” to contact consumers who owe money. They use recorded statements and automated voice messages. You may not be given an opportunity to opt out of these robocalls. This process is illegal and against federal laws. It should be reported as a violation of your consumer rights.
How Much Is My Abercrombie & Fitch Credit Card Harassment Case Worth?
You can get compensation if Abercrombie & Fitch credit card debt collectors like Comenity Bank violate your consumer rights. The value of your debt harassment lawsuit depends on:
- The severity of the legal violations
- The number of times they violated the law
- Your actual damages
The federal FDCPA allows you to get up to $1,000 in statutory compensation for debtor harassment. You can also get money for attorney fees and court costs. California’s RFDCPA can make your case worth even more. In addition to statutory compensation, you can get damages for emotional distress. Some California debt harassment plaintiffs have been awarded up to $300,000 because of the distress creditors put them through.
An Abercrombie & Fitch Credit Card Harassment Lawyer Can Help You
You deserve a second chance if you’ve fallen behind on your Abercrombie & Fitch credit card payments. The creditors should not be harassing you day and night. A debt harassment lawsuit can help you stop the calls and get you compensation for damages.
Attorney Paul Mankin has the experience to help you fight back against Comenity Bank and the Abercrombie & Fitch credit card debt collection agencies.
Call Law Office of Paul Mankin, APC today at 800-219-3577 to schedule a case consultation.