Are you getting harassed over past due DSW credit card payments? You should know that you have rights even if you’ve fallen behind. DSW and Comenity Bank often violate those rights. If they do, they may owe you compensation for creditor harassment.
If DSW, Comentiy Capital Bank, or their third-party debt collectors are harassing you, you should immediately contact Law Office of Paul Mankin, APC. He will review your case and help you decide how to relieve the stress caused by constant calls from creditors. Call today at 800-219-3577.
Your Rights Against Credit Card Harassment by DSW Credit Card
Credit card debt is stressful, especially if creditors are calling you day and night. However, there are state and federal laws that protect consumers from harassment and other unsavory behavior by creditors. The Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), and California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) provide you with protections against creditors like DSW and Comenity Bank.
When collecting a debt, Comenity Bank may not:
- 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
Your rights are clear. Despite this, companies like Comenity Bank and DSW collection agencies violate the TCPA, FDCPA, RFDCPA, and other regulations. The Federal Trade Commission (FTC) reported that they receive more than 200,000 complaints annually from consumers about debt harassment and rights violations.
If DSW credit card or Comenity Bank violated your consumer rights, you should immediately contact a debtor defense lawyer. Attorney Paul Mankin fights for his clients and helps them get the compensation they deserve. Call 800-219-3577 for a debt harassment case consultation.
The FDCPA Protects Consumers Against Harassment
The Fair Debt Collection Practices Act (FDCPA) regulates the actions of creditors, prohibiting abusive, deceptive, and unfair debt collection. Violations of this law should be reported to the Federal Trade Commission (FTC). Creditors like Comenity Bank have had to pay compensation to consumers under the FDCPA for their harassment and violation of consumer rights.
The RFDCPA Prohibits Debtor Harassment in California
The Rosenthal Fair Debt Collection Practices Act (RFDCPA) is a California law that prohibits harassment of consumers. It was enacted to force creditors to act with fairness and honesty. Creditors are expected to respect debtor rights, even if they are owed money. The RFDCPA allows consumers to collect compensation if they have been harassed. It also allows damages for emotional distress.
The TCPA Regulates Telephone Marketer Actions
The Telephone Consumer Protection Act (TCPA) is a federal law that prohibits violation of the public’s rights by telephone marketers like Comenity Bank and DSW. The Federal Communications Commission (FCC) makes relevant regulations under this law to protect consumer rights. It also manages a Do-Not-Call registry that must be respected by telemarketers.
Why Is Comenity Bank Calling Me About My DSW Credit Card?
DSW, which is often called Designer Shoe Warehouse, offers shoe brands for the entire family. They have nearly 550 stores in the United States and Canada. DSW is a branch of Designer Brands, which also operates Camuto Group and The Shoe Company/Shoe Warehouse.
The DSW credit card is a line of credit managed by Comenity Capital Bank, which handles all payments and collections of debt. If you don’t make a payment, Comenity will attempt to collect the debt or they will engage a third-party collection agency to call you.
Comenity Bank and their third-party collectors often violate consumer rights by using harassing tactics. They violate state and federal laws, and they can be held accountable by paying you monetary damages.
Consumer Rights Often Violated by DSW Credit Card
DSW credit card debt is collected by Comenity Capital Bank and their third-party collectors. Those entities often violate state and federal laws. Some of the most common illegal actions taken by Comenity 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 may use “auto-dialers” or “robocallers” to communicate with debtors. If you receive a phone call that begins with a voice message or automated message, it’s likely a robocall. You may be transferred to a live person. However, you’re not likely to receive an option to opt out of these calls. Robocalls are often used to harass when they occur repeatedly day and night.
How Much Money Can I Get If I Sue DSW Credit Card?
If Comenity Bank and third-party collection agencies violated your consumer rights, then you may be able to get compensation. State and federal laws allow you to get money; however, the exact amount depends on several factors, including:
- The severity of law violations
- Times laws were violated
- Your specific damages
You can get $1,000 in statutory damages (as determined by the law) under the FDCPA for debtor harassment. The FDCPA also allow you to get money for attorney fees and court costs. California’s RFDCPA also allows you to collect compensation for statutory damages, legal fees, and emotional distress. In fact, some consumers whose rights were violated have received as much as $300,000 in damages for emotional distress.
The defendants in your debtor harassment case are required to pay for your attorney fees and legal costs. That means you won’t have to pay for the case when you win.
Contact a DSW Credit Card Harassment Lawyer
You have rights that DSW, Comenity Bank, and debt collection agencies must respect. If they do not, you can get compensation for your stress and other damages. However, these cases can be difficult, and the defendants will fight back.
You should contact a debtor defense lawyer if you’re being harassed, or you think your consumer rights have been violated. Attorney Paul Mankin is here to listen to your story and help. Call Law Office of Paul Mankin, APC at 800-219-3577 to get solid legal advice about your past due credit cards.