Is Ashley Stewart or other creditors calling you about your credit card account? Do they refuse to stop or call at all hours of the day and night? Even if you are behind on payments, you have rights. They are not legally allowed to harass you and should be held accountable.
Your Ashley Steward credit card is owned by Comenity Bank, which often harasses consumers who are past due on their payments. Attorney Paul Mankin can help you make the calls stop. Call Law Office of Paul Mankin, APC today at 800-219-3577 for a case consultation.
Who Is Ashley Stewart?
Ashley Stewart is a women’s apparel company that focuses on providing lifestyle clothing to plus-size individuals. It was founded in American in 1991 and was inspired by the upscale fashion of Laura Ashley and Martha Stewart.
There are more than 90 Ashley Stewart stores in 22 states. They filed for bankruptcy in 2010 and 2014; however, the company has made a comeback in recent years.
Why Is Comenity Bank Calling About My Ashley Stewart Account?
Although you use your card at Ashley Stewart, the account is actually owned by Comenity Capital Bank. If you fall behind on payments to your Ashley Stewart credit card account, then they may call you to try to recover the debt.
Comenity Bank will begin by calling you to try to get the money they feel that you owe. However, they may hire a third-party debt collection agency to contact you as well. If they are not successful, they may sell your debt to a third party for pennies on the dollar. You will then owe money to the third party instead of Ashley Stewart or Comenity Bank.
What Does Ashley Stewart Do to Harass Consumers?
The Ashley Stewart credit card and debt collectors are known for violating consumer rights when trying to get money. 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 of the actions Comenity Bank is known for taking 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
If Comenity Bank takes these actions against you, then you should immediately contact a consumer rights attorney who can protect you. Attorney Paul Mankin is here to help. Call Law Office of Paul Mankin, APC at 800-219-3577 for a case consultation.
State and Federal Laws Protect Your Consumer Rights
There are multiple state and federal laws that protect your consumer rights against creditor harassment. The most commonly referenced laws include the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), and the Rosenthal Fair Debt Collection Practices Act (RFDCPA).
- FDCPA – This is a federal law that protects debtors’ rights and allows them to collect compensation for abusive, deceptive, or unfair treatment. Violations of the FDCPA should be reported to the FTC.
- TCPA – This federal law prohibits harassment by telephone marketers and allows the Federal Communications Commission (FCC) to establish the national Do-Not-Call List.
- RFDCPA – This is a California state law that requires creditors to treat debtors with respect, fairness, and honesty. It allows debtors to get statutory compensation as well as damages for emotional distress.
How Much Money Can I Get For My Ashley Stewart Credit Card Harassment Lawsuit?
If you file a lawsuit against Comenity Bank or other creditors who are violating your rights, you may be able to get various types of compensation. The exact amount of money you can get depends on:
- How severely they violated the law
- Number of times they acted illegally
- Your actual damages
The FDCPA allows you to get statutory damages of up to $1,000 as well as attorney fees and court costs. California’s RFDCPA allows you to get statutory damages as well as money for emotional distress. In some cases of extreme emotional distress, California plaintiffs have been awarded as much as $300,000.
Do I Need a Consumer Protection Lawyer?
Although you are not required to get legal advice for your Ashley Stewart credit card harassment case, you should know that you will be at a disadvantage if you do not. The creditors will have teams of attorneys on their side. They will violate your rights, and you may not know how to stop them.
When you work with a consumer rights attorney like Paul Mankin, you have someone on your side who knows the laws. You don’t have to deal with the complex legal issues on your own.
Contact an Ashley Stewart Credit Card Harassment Lawyer Today
Attorney Paul Mankin has worked with countless clients who were behind on payments to Ashley Stewart. He understands that Comenity Bank will harass consumers and take advantage of them. And, Paul Mankin is ready to fight back.
When you contact Law Office of Paul Mankin, APC, you get a team of legal professionals on your side. Call us today at 800-219-3577 to schedule a case consultation.