Is Avenue Credit Card calling you about your past due account? Have you asked them to stop, but they refused? You have rights, even if you are behind on payments to your Avenue credit card. State and federal laws protect you from creditor harassment.
Comenity Capital Bank owns your Avenue credit card account, and they are known for harassing consumers like you. Attorney Paul Mankin knows how Comenity Bank operates, and he can make the calls stop. Call Law Office of Paul Mankin, APC today at 800-219-3577 for a case consultation.
Who Is Avenue?
Avenue is a plus-size women’s apparel company that sells dresses, tops, pants, swim, shoes, sleepwear, and accessories. Their target audience is women between the ages of 25 and 55 who wear a size 14 or larger. The Avenue also operates women fashion brands Loralette, Cloudwalkers, Hips & Curves, and City Chic.
At one time, there are more than 200 Avenue stores in 33 states throughout the United States. However, in 2019, all Avenue stores were closed, and they became an online only retailer.
Avenue clothing stores began in 1983. It is based in New Rochelle, New Jersey. The company has gone through several parent companies due to sell outs and bankruptcies.
What Is the Avenue Credit Card?
There are two Avenue credit cards that consumers might own, including the Avenue Premier and Avenue Elite. Each of these cards has different benefits and perks.
The Avenue Premier card gives cardmembers 20% off the entire first purchase when the card is approved. They also get a $10 rewards certificate with a new card. Cardmembers earn rewards with every purchase, including 5% back in rewards. Avenue Premier members get 40% off one item during their birthday month. They also get advanced notice of sales, special events, and trends.
An individual may earn Elite status when they spend at least $400 in a 12-month period. Avenue Elite cardmembers get many of the same benefits as Premier cardmembers as well as some additional ones. For example, an Elite cardmember can earn a $20 rewards certificate with a new card. They earn one point for every $1 spent and receive a $10 rewards certificate for every 200 points earned. They can participate in Elite Bonus Point Days. Elite cardmembers get 50% off one item during their birthday month. They also get free standard shipping when they receive a reward certificate.
Why Is Comenity Bank Calling About My Avenue Card?
Although Avenue credit cards are exclusively used at Avenue brand stores, the credit account is owned by Comenity Capital Bank. If you fall behind on payments to your Avenue credit account, Comenity Bank or a third-party collection agency may call to try to recover money for that debt.
Comenity Bank typically tries to handle past due accounts on their own; however, they may hire a third party if their efforts to get money are not successful. They may even sell your debt to a third party for pennies on the dollar.
You Have Rights Against Creditor Harassment
Regardless of who owns your Avenue credit card debt, you have rights. Even if you are behind on payments, creditors cannot harass you and treat you poorly. 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 Comenity Bank often takes that violate consumer rights include:
- Repetitious phone calls or use of electronic communications without your permission
- Use of obscene or profane language
- Threats of harm or violence
- Calling you without telling you their name
- Lying about the legal status of your debt
- Threating a lawsuit if they do not intend to file
- Calling at unreasonable times (before 8:00 a.m. or after 9:00 p.m.)
- Talking to unauthorized parties about your debt
If Comenity Bank or a third party debt collector has used any of these tactics against you, then you should immediately contact a consumer rights attorney to handle a case against them. Attorney Paul Mankin can help. Call Law Office of Paul Mankin, APC at 800-219-3577 for a case consultation.
Federal Laws Protect Your Consumer Rights
The FDCPA prohibits abusive, deceptive, and unfair treatment of debtors by creditors. If a creditor does harass a consumer, then they may have to pay them statutory compensation. Violations of the FDCPA should be reported to the Federal Trade Commission (FTC).
The TCPA is a federal law that addresses the actions of telephone marketers, prohibiting harassment of consumers. It also allows the Federal Communications Commission (FCC) to establish a national Do-Not-Call List.
California State Law Protecting Consumers
The Rosenthal Fair Debt Collection Practices Act (RFDCPA) is a California law that protects consumers within the state. It requires creditors to treat consumers with respect, fairness, and honesty. In addition to statutory compensation, it allows consumers to get money for emotional distress if they are harassed.
What Is the Value of My Avenue Credit Card Harassment Lawsuit?
Avenue credit card, Comenity Bank, and third-party debt collectors who violate consumer protection laws should be held accountable. You might wonder how much your case is worth. The exact value of your case depends on:
- How severely they violated the law
- Number of times they acted illegally
- Your actual damages
Federal laws, such as the FDCPA, allow you to collect up to $1,000 in statutory damages for harassment by creditors. You can also get money for attorney fees and court costs. California laws, including the RFDCPA, allow for statutory damages as well as emotional distress. In fact, some California plaintiffs have gotten as much as $300,000 in damages.
Contact an Avenue Credit Card Harassment Lawyer Today
If Avenue Credit Card, Comenity Capital Bank, or a third-party debt collector are calling and harassing you about your past due account, then you should contact a consumer rights attorney right away. Attorney Paul Mankin will review your situation and help you decide if an Avenue credit card harassment lawsuit is the right choice.
Call Law Office of Paul Mankin, APC today at 800-219-3577 to schedule a case consultation