Do you have a Hot Topic credit card and you’re behind on payments? Are creditors calling to try to collect money from you? You have a right to ask them to stop. They cannot legally harass you, even if you owe them money. If they do treat you poorly, they may have to pay you compensation.
Your Hot Topic credit card account is actually owned by Comenity Capital Bank. Comenity Bank and their third-party debt collector are known to harass debtors who have Hot Topic credit cards. If this is happening to you, you should immediately contact a consumer rights lawyer like Paul Mankin. Call Law Office of Paul Mankin, APC at 800-219-3577.
Who Is Hot Topic?
Hot Topic, Inc. is an American retail chain that specializes in counterculture-related clothing and accessories. Their target audience is teens and young adults who are interested in alternative and rock music as well as video games.
Hot Topic has many exclusive licensing arrangements with graphic artists, music artists, video game companies, and movie studios. Approximately 40% of their revenue comes from the sales of licensed band T-shirts and similar clothing.
The first Hot Topic opened in November 1989 in Montclair, California. There are currently more than 675 Hot Topic locations throughout the United States. The majority of Hot Topic retail locations are located in shopping malls. Their headquarters are located in Industry, California.
Why Is Comenity Bank Calling About My Hot Topic Credit Card?
The Hot Topic Guest List credit card offers many rewards to members. Individuals who open and use the credit line receive 15% off their first purchase with the card. Members also receive two $20 off $50 annual shopping passes when they use their Hot Topic Guest List credit card. They can also get exclusive offers through its use.
While the Guest List credit card is used at Hot Topic, the account is owned and managed by Comenity Capital Bank. If you fall behind on payments, Comenity Bank will call you to try to collect on the debt. They may also hire third-party collection agencies to attempt to get money from you. If they are not successful, Comenity Bank may sell the debt to a third party. That third party will have the right to call you to collect money as well.
How Do Comenity Bank and Third Parties Violate Consumer Rights?
Although you may owe Comenity Bank money for your purchases at Hot Topic, they do not have a right to harass you. There are state and federal laws that ensure your consumer rights are protected, 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 of creditors that violate consumer rights include:
- Using obscene or abusive language on phone calls
- Threatening violence to collect debts
- Calling repeatedly or an unreasonable number of times
- Falsely claiming they will file a lawsuit
- Calling extremely early or late (before 8:00 a.m. or after 9:00 p.m.)
- Discussing debt with unauthorized parties
If a debt collector has taken any of these actions against you, you should immediately contact a consumer rights lawyer. Attorney Paul Mankin knows how to stand up for consumers’ rights, and he can help you get the compensation you deserve if you have been harassed. Call 800-219-3577 to schedule a consultation of your case.
What Laws Protect My Consumer Rights?
There are state and federal laws that ensure creditors do not take advantage of consumers. Despite this, Comenity Bank and their third-party debt collection agencies frequently violate the law against people who have Hot Topic credit cards.
Some of the primary laws that protect consumers in the United States include:
- Fair Debt Collection Practices Act (FDCPA) – This federal law prohibits unfair debt collection tactics and allows debtors who have been harassed to collect statutory compensation. Violations of the FDCPA should report illegal activity to the Federal Trade Commission (FTC).
- Telephone Consumer Protection Act (TCPA) – This is a federal law that applies to marketers and debt collectors who use the telephone to reach consumers. It prohibits harassment and allows the Federal Communications Commission (FCC) to regulate the national Do-Not-Call List.
- Rosenthal Fair Debt Collection Practices Act (RFDCPA) – This is a California state law that requires creditors to act with fairness and honesty towards debtors. You can get compensation and emotional damages for harassment under the RFDCPA.
How Much Is My Hot Topic Credit Card Harassment Lawsuit Worth?
Creditors who harass consumers may have to pay for their illegal actions. The value of your case depends on several factors, including:
- The number of times laws were violated
- The severity of legal violations
- Your actual damages
The FDCPA allows you to get up to $1,000 in statutory compensation for harassment by creditors. Those debt collectors will also likely have to pay your attorney fees and court costs. Thus, you will not have to pay anything to assert your federal consumer rights.
State laws like California’s RFDCPA also allow for statutory compensation. However, you can also get money for emotional distress. In fact, some plaintiffs have gotten as much as $300,000 for severe emotional distress caused by creditors trying to collect debts illegally.
Contact a Hot Topic Credit Card Harassment Lawyer Today
If you have faced harassment by Comenity Bank or their third-party debt collectors, you may have a right to compensation under state and federal laws. You need to work with an attorney who understands how to stand up for your rights and protect you. Don’t let Comenity Bank take advantage of you.
Attorney Paul Mankin has worked with countless clients who have faced harassment by Comenity Bank over debt the consumers owed to Hot Topic and other store credit cards. He can help you get the money you deserve and that will help you move forward with a clean financial slate. Call Law Office of Paul Mankin, APC today at 800-219-3577 to schedule a case consultation.