Are you being harassed by debt collectors about the American Home credit card? Have you asked them to stop, but they continue? You should know that even if you are behind on payments to your American Home account, you have rights. There are state and federal laws that prohibit consumer harassment.
Your American Home credit account is managed by Comenity Bank, which is known for violating the rights of consumers. Attorney Paul Mankin can help you make the harassment stop. Call Law Office of Paul Mankin, APC at 800-219-3577 for a consultation.
Who Is American Home?
American Home is a seller of high-quality home furnishings and accessories. They have been in operation since 1936, and they are based in New Mexico. Their buyers find products in major markets throughout the world and sell them through affiliates in the United States and online.
American Home Furniture offers bedroom, dining sets, living room sets, and more. It also has a large rug department. The company boasts that it has globally curated home accessories as well as unique art.
Why Is Comenity Bank Contacting Me About My American Home Account?
Your American Home account can be used as credit on the store’s products; however, it is actually an account owned and managed by Comenity Capital Bank. If you fall behind on payments to Comenity Bank, they will call you to try to recover money for that debt. They often hire third parties to collect money on their behalf.
Comenity Bank and the third-party collectors are known to harass and violate the rights of American Home credit card owners. If you believe they have violated your rights, you should contact a consumer protection attorney right away. Attorney Paul Mankin is available to help. Call today at 800-219-3577 to discuss your specific situation.
What Happens If My American Home Account Becomes Past Due?
If you do not make timely payments on your American Home account, then Comenity Bank will initially call you to try to resolve the issue. The bank typically tries to avoid involving a third party because they lose money if you don’t pay your entire debt to them directly.
However, if you become excessively late on payments or fail to stay in contact with Comenity Bank about your American Home Furnishings account, they may involve a third-party debt collector. In this case, the third-party debt collector will receive a portion of the money that they are able to collect from you.
In some situations, Comenity Bank will sell the debt to a third party for pennies on the dollar. Then, the collection agency turns a profit when they collect the full debt from you.
Comenity Bank and the third-party debt collection agencies will call, send letters, and take other actions to try and get money from you. They may even threaten a debt lawsuit. Some of their actions may be illegal if they violate your consumer rights.
Consumers Cannot Be Harassed by Debt Collectors
American Home credit card account, Comenity Bank, and collection agencies do not have a right to harass you to get money for debts that you owe. There are state and federal laws that protect consumers, including the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), and California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA).
Some actions that debt collectors often take that violate consumer rights include:
- Using harassing, abusive, or obscene language on a phone call
- Threatening violence towards consumers
- Repeatedly calling an unreasonable number of times
- Lying about the legal status of debt
- Threatening a lawsuit if it is not an action they will take
- Calling at unreasonable times (before 8:00 a.m. or after 9:00 p.m.)
- Talking to an unauthorized party about a consumer’s debt
Comenity Bank has been sued for violating these laws, but they continue to harass consumers. In fact, the Federal Trade Commission (FTC) receives thousands of complaints about Comenity Bank and its third-party collectors every year.
How Do Federal Laws Protect Consumers?
There are multiple federal laws that protect consumers’ rights against creditors. The most commonly referenced laws include the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA).
The FDCPA protects debtors against unfair collection practices that involve abusive and deceptive means to get money. Violations of the FDCPA should be reported to the FTC. A consumer can get compensation under the FDCPA if their rights are violated by creditors like Comenity Bank for an American Home credit card balance.
The TCPA applies to telephone marketers and prohibits harassment of consumers. It also allows the Federal Communications Commission (FCC) to make regulations protecting consumers and regarding the national Do-Not-Call registry.
California State Law Protects Consumers
If you are a resident of California and you have an American Home account, you are also protected by the Rosenthal Fair Debt Collection Practices Act (RFDCPA). This California state law is similar to the federal laws, forcing debt collectors to respect the rights of consumers and treat debtors with fairness and honesty.
You can often get more compensation under the RFDCPA than under federal laws because the state law allows an award for emotional distress caused by the creditors and their agents.
Compensation for Your American Home Credit Card Harassment Lawsuit
If your rights are violated by Comenity Bank and their agents regarding your American Home account, then you may be able to get compensation for that harassment. The value of your case depends on:
- The severity of the legal violations
- The number of times they violated the law
- Your actual damages
Under the FDCPA, you can get up to $1,000 in statutory compensation for harassment by creditors. You can also get money to cover attorney fees and court costs under federal laws.
California’s RFDCPA allows for statutory damages as well as money for emotional distress. In fact, some California plaintiffs have received as much as $300,000 because of excessive emotional distress caused by debt collectors.
An American Home Credit Card Harassment Lawyer Can Help You
There are state and federal laws that protect consumers like you. Even if you’ve fallen behind and are in debt, you have rights. Don’t let creditors like Comenity Bank and their debt collectors take advantage of you.
Contact attorney Paul Mankin to fight back against the creditors who are harassing you day and night. Call Law Office of Paul Mankin, APC today at 800-219-3577 to schedule a case consultation.