Are you receiving debt collection calls from Loft credit card? Have you asked them to stop, but they continue? You have rights that Loft and their credit card account owner Comenity Bank may be violating. If they are harassing you, you can get compensation for your damages.
Comenity Bank often uses abusive tactics to collect debts on behalf of the Loft credit card. If they've harassed you, you should immediately contact a debt defense lawyer at Law Office of Paul Mankin, APC. We will make the calls stop. Call us at 800-219-3577 for a case consultation.
Consumer Laws that Protect Creditors Against Harassment
There are many types of debt collector harassment. They often use abuse and unfair treatment to force consumers to pay their debts. However, even if you're behind on payments, you have rights under the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), and California's Rosenthal Fair Debt Collection Practices Act (RFDCPA).
Under these state and federal laws, Comenity Bank and Loft credit card cannot:
- 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
Despite the laws prohibiting unfair treatment of debtors, creditors like Comenity Bank have been sued many times for violating the TCPA, FDCPA, RFDCPA, and other regulations. In fact, the Federal Trade Commission (FTC) indicates that they receive more than 200,000 complaints annually about harassment by creditors.
If your consumer rights have been violated by Comenity Bank, Loft, or another creditor, then you should immediately contact a debt harassment attorney who can protect you. Call attorney Paul Mankin at 800-219-3577 to talk to a legal professional who can help.
The FDCPA – Protecting Your Consumer Rights
The federal government protects debtors' rights with the Federal Debt Collection Practices Act (FDCPA). It allows consumers who have been harassed by debtors to collect compensation for abusive, deceptive, and unfair treatment. Violations of this law by Loft or Comenity Bank should be reported to the FTC.
The RFDCPA – California's Consumer Rights Law
California also has laws that protect consumers, including the Rosenthal Fair Debt Collection Practices Act (RFDCPA). It requires creditors to treat debtors with respect, fairness, and honesty. Violations of the law may be required to pay compensation to consumers. The RFDCPA also allows for damages for emotional distress.
The TCPA – Controlling the Actions of Telemarketers
The Federal Communications Commission (FCC) makes regulations under the Telephone Consumer Protection Act (TCPA). Those laws make it illegal for telephone marketers like Comenity Bank and Loft to harass consumers. The FCC also organizes the national Do-Not-Call list, which telemarketers must comply with.
What Is Loft?
Loft is a women's clothing retail store that is owned by Ascena, which is a national specialty retailer. Ascena also owns Ann Taylor, Cacique, and Lane Bryant brands. Loft sells clothing catered to feminine individuals, including pants, sweaters, tops, jeans, accessories, and shoes. There are more than 500 Loft stores nationwide.
Why Is Comenity Bank Calling About My Loft Credit Card?
Comenity Bank owns and manages Loft credit cards. These credit cards are not actually managed by Loft or Ascena at all. There are multiple Loft credit cards available, including:
- ALL-Rewards credit card
- ALL Rewards Mastercard
Both cards allow consumers to purchase clothing from Loft and build rewards points at the same time. The ALL Rewards Mastercard offers extra perks.
If you fall behind on payments, Comenity Bank or one of their third-party collection agencies will contact you in an attempt to collect the debt. They often use harassment and violate state and federal laws.
Violations of Consumer Protection Laws by Loft and Comenity Bank
Comenity Bank frequently violates consumer protection laws when it is collecting debts for Loft credit cards. These actions are illegal, and they should be held accountable. Sone of the state and federal regulations they often violate 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
Comenity Bank and other debt collectors also tend to use “auto-dialers” or “robocallers” to contact debtors. This includes a recorded voice message or automated message, and then you may be transferred to a live person. You are not typically given a chance to opt-out of those calls. This practice is illegal and should be reported.
How Much Is My Loft Credit Card Harassment Case Worth?
Debtor harassment cases can be worth a significant amount of money in California. However, the exact amount of money you can get depends on several factors, including:
- How severely they violated the law
- Number of times they acted illegally
- Your actual damages
Federal laws like the FDCPA allow you to get up to $1,000 in statutory damages as well as attorney fees and court costs. However, you can get much more under California's RFDCPA. The RFDCPA allows consumers to get money for emotional distress. In fact, in some cases, consumers have gotten as much as $300,000 in consumer harassment cases in California.
Do I Need a Lawyer for My Loft Credit Card Harassment Case?
While you are not required to get legal advice from a professional for your credit card harassment case, we do not suggest you handle these complex issues on your own. Comenity Bank has a team of lawyers who will do everything possible to take advantage of you.
Attorney Paul Mankin has fought to protect the rights of clients who have been harassed by creditors like Comenity Bank and Loft credit card. He will be there for you.
Call Law Office of Paul Mankin, APC at 800-219-3577 to schedule a case consultation.