Is Comenity Bank calling you about your Lane Bryant credit card? Do they call at all hours of the day and night? Have you asked them to stop, but they continue? If you are being harassed by Comenity Bank about your Lane Bryant account, you may be able to get damages to compensate you.
If you think Comenity Bank, Lane Bryant, or another creditor has violated your rights, you should contact Law Office of Paul Mankin, APC right away. Attorney Mankin spends his time focusing on protecting consumers who have been the target of unsavory creditors like Comenity Bank. He can help you. Call today at 800-219-3577 to schedule a consultation.
You Have Rights Even If You Are Behind on Payments
You may have fallen behind on making payments on your Lane Bryant account. Even if this is the case, you have rights under state and federal laws, including the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), and California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA).
Comenity Bank 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 these protections, many companies like Comenity Bank violate the TCPA, FDCPA, RFDCPA, and other regulations on a daily basis. In fact, the Federal Trade Commission (FTC) receives more than 200,000 complaints per year about debt collection and harassment by creditors.
If Comenity Bank has used any of these tactics against you, you should immediately contact a debt defense lawyer who can help you understand your rights. Call attorney Paul Mankin today at 800-219-3577 to schedule a consultation of your case.
What Is the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) is a law regulated by the Federal Trade Commission (FTC). It became effective in 1978. Its goal is to stop abusive, deceptive, and unfair debt collection practices by many creditors, including Comenity Bank. Under the FDCPA, you can get monetary damages if a creditor violates the law and acts in a harassing manner.
What Is the RFDCPA?
The Rosenthal Fair Debt Collection Practices Act is a California law that protects consumers in the state. Its purpose is to ensure debt collectors act with fairness and honesty while respecting the rights of debtors. The RFDCPA supports the same rights as the FDCPA, but expands the ability to recover compensation for losses like emotional distress.
What Is the TCPA?
Congress passed the Telephone Consumer Protection Act (TCPA) in 1991. It amended the Communications Act of 1934. Its purpose is to stop harassing calls from telephone marketers like Comenity Bank and Lane Bryant credit card.
The TCPA gives the Federal Communications Commission (FCC), a government agency, regulatory authority under the statute. Under the law, the FCC may implement regulations and coordinate a national Do-Not-Call registry that covers nearly all telemarketers.
Who Is Lane Bryant?
Lane Bryant is a women’s clothing store chain that targets plus-size individuals. It is based in the United States and currently has nearly 500 stores in 46 states. Their main products include shirts, shorts, pants, dresses, and other apparel, including intimates and athleisure for plus size feminine people.
Why Is Comenity Bank Calling Me About My Lane Bryant Account?
The Lane Bryant store credit card is actually a Comenity Bank line of credit. Your Lane Bryan account is managed by Comenity Bank. If you fall behind on payments or don’t pay the total amount due on time, Comenity Bank may call you to try to get the money they feel you owe.
Comenity Bank is known for harassing phone calls. They often do not comply with requests to stop calling your home or work phone number. This is illegal and they may owe you damages if they break the law.
How Is Comenity Bank and Lane Bryant Violating the Law?
In addition to harassing consumers, Comenity Bank partners with third party debt collection agencies who continue to violate the law. Some key parts of the TCPA that third party debt collection agencies and Comenity Bank are violating 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
Some of the calls are made by so-called “auto-dialers” or “robocallers” which includes a prerecorded voice message. You may not even have the opportunity to confirm information with the individual on the phone. You also cannot opt out or request to be placed on their do not call list. This is illegal and Comenity should be held accountable for breaking the law.
How Much Money Is My Debt Harassment Case Worth Against Lane Bryant’s Credit Card?
You can sue a debt collector like Comenity for harassing calls about your Lane Bryant account. The amount of money you can get depends on the severity of violation of the law, including how many times they have taken illegal actions.
Under the FDCPA, you can get up to $1,000 in damages along with court costs and attorney fees. However, under the RFDCPA, you may be able to get even more. Some debt harassment cases in California have awarded as much as $300,000 in compensation for emotional distress caused by the illegal tactics of creditors.
When you file a debt harassment lawsuit under the FDCPA, you do not have to pay legal fees if you win. Instead, the defendant who violated the law will typically pay for your court costs and attorney fees.
A Lane Bryant Credit Card Harassment Lawyer Can Help
If you have a Lane Bryant credit card and have been receiving harassing calls from Comenity Bank or a third party, then you may be eligible to receive damages. You have rights, even if you have fallen behind on payments. Don’t let them take advantage of you.
We can help you stop the harassing phone calls and get money to compensate you for the stress you’ve endured.
Call Law Office of Paul Mankin, APC today at 800-219-3577 to schedule a consultation of your case.