You likely applied for a Children’s Place credit card to cover purchases for your loved ones. Now you may be behind on payments and receiving calls from the creditor day and night. Have you asked them to stop, but they continue? You have rights. You may be eligible for monetary compensation due to creditor harassment.
If Children’s Place credit card or their account manager Comentiy Bank is harassing you, you should immediately contact Law Office of Paul Mankin, APC. These companies will try to take advantage of you and violate your rights. Call today at 800-219-3577 for a case consultation.
Consumer Rights Against Harassment by Children’s Place Credit Card
Debt can cause a lot of stress, especially if you get behind. You don’t need the creditor harassing you constantly. There are state and federal laws that protect you, even if you have fallen behind. The Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), and California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) work to protect consumers from creditors like Comenity Bank and Children’s Place credit card.
It is illegal for Comenity Bank 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
Consumer protection laws make it clear that you have rights. However, companies like Comenity Bank and third-party collectors consistently violate the TCPA, FDCPA, RFDCPA, and other regulations all the time. In fact, there are more than 200,000 complaints to the Federal Trade Commission (FTC) every year about harassment and unfair treatment by creditors.
If your creditor rights have been violated by Children’s Place or Comenity bank, you should contact a debtor defense lawyer right away. Attorney Paul Mankin is ready to fight for you. Call 800-219-3577 for a consultation of your specific case.
How Does the FDCPA Protect Consumers?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates creditors. Violations of consumer rights should be reported to the Federal Trade Commission (FTC). This law prohibits abusive, deceptive, and unfair debt collection by creditors like Comenity Bank. The FDCPA does allow consumers to get monetary compensation if you are being harassed by a creditor or your rights are otherwise being violated.
California’s RFDCPA Also Protects Consumers
The Rosenthal Fair Debt Collection Practices Act (RFDCPA) was enacted by California lawmakers to protect consumers. It imposes restrictions on creditors and works to make them act with fairness and honesty. The goal is respect for debtor rights. The RFDCPA also allows damages for debtors who have been harassed. However, it expands the ability to get compensation for emotional distress.
Telephone Marketers Must Comply With the TCPA
The Telephone Consumer Protection Act (TCPA) prohibits harassing behavior from telephone marketers, including Comenity Bank and GameStop in some cases. The Federal Communications Commission (FCC) has authority under the TCPA to make regulations protecting consumers’ rights. It also allows the federal agency to organize a Do-Not-Call registry that must be followed by telemarketers.
Children’s Place Offers Credit Cards Through Comenity Bank
The Children’s Place is one of several brand names that may accept the Children’s Place credit card, including PJ Place, Gymboree and Sugar & Jade. These companies sell clothing for babies, toddlers, and young children. They’ve recently expanded to providing some coordinating adult clothing.
The Children’s Place credit card is a line of credit offered by Comenity Bank. Your account is not handled by the store at all. Instead Comenity Capital Bank manages all payments and collections of debt. If you fall behind or don’t make a full payment on time, then the bank or a third-party collector may call you to get money they think you owe.
Comenity Bank is known for using harassing tactics to collect debts for The Children’s Place credit card. They do not always follow consumer protection laws. The debt collection practices Comenity Bank uses are often illegal and they may owe you monetary damages if they violate your rights.
Consumer Rights Violated by The Children’s Place Credit Card
The Children’s Place credit card debt is collected by Comenity Bank and third-party collectors. These entities often violate state and federal laws by harassing debtors. Some of the illegal actions taken by Comenity Bank and others 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
Debt collector calls may be made by “auto-dialers” or “robocallers.” If you answer the phone and there is a recorded voice message or automated message on the line, it’s likely a robocall. You may be given the option to transfer to a live person; however, it’s not likely you will be allowed to opt out of those calls. You may continue to receive them repeatedly in a harassing manner – at home and at work. Comenity should be held accountable for breaking the law.
What Is My Debtor Harassment Case Worth Against Children’s Place?
You may be able to collect compensation against Comenity Bank and their third-party collection agencies. If you’ve been harassed or your rights were otherwise violated, you can get monetary compensation under state and federal laws. The exact value of your case depends on the severity of law violations, times the law was violated, and your damages.
The FDCPA allows you to collect up to $1,000 as well as court costs and attorney fees in cases like these. However, you may be able to get even more under the RFDCPA. California’s consumer protection laws allow you to get money for emotional distress caused by the creditors. In some cases, debtors have been awarded up to $300,000.
When you win a debtor harassment case, you don’t have to pay legal fees. The defendants will pay your attorney fees and court costs.
A Children’s Place Credit Card Harassment Lawyer Can Help
If you’re being harassed by The Children’s Place credit card, Comenity Bank, or their third-party collection agencies, you should contact a debtor defense lawyer to protect your rights. You may be able to get money to compensate you for damages and emotional distress.
Attorney Paul Mankin will compassionately listen to your situation and make the calls stop. Call Law Office of Paul Mankin, APC at 800-219-3577 to schedule a case consultation with a legal professional.