Are you past due on your Forever 21 credit card account? If so, you may be receiving debt collection calls from Comenity Bank or one of their third-party agencies. If you ask them to stop and they continue, you may be able to get compensation for their debtor harassment.
Forever 21, Comneity Bank, and their debt collection agencies are known to harass consumers and violate state and federal laws. If you're receiving repetitive calls from these entities, you should immediately contact Law Office of Paul Mankin, APC. Call our debt defense lawyers at 800-219-3577 to schedule a case consultation.
Attorney Paul Mankin Will Protect Your Rights
Credit card debt can cause significant stress. You don't need the creditor calling day and night to harass you. There are state and federal laws that protection consumers' rights, including the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), and California's Rosenthal Fair Debt Collection Practices Act (RFDCPA).
Debt collectors like Forever 21 and Comenity Bank are not allowed to:
- 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 laws, Comenity Bank and their third-party collection agencies are known to violate the TCPA, FDCPA, RFDCPA, and other regulations. In fact, the Federal Trade Commission (FTC) reported that consumers make more than 200,000 complaints annually about debt collection tactics and harassment by creditors.
If your rights have been violated regarding your Forever 21 account, you should immediately contact a consumer rights attorney who can provide you with solid legal advice. Attorney Paul Mankin is a trusted negotiator and litigator who will stand up for you. Call 800-219-3577 to schedule a case consultation.
Protecting You Against Harassment with the FDCPA
Attorney Paul Mankin knows how to use the Fair Debt Collection Practices Act (FDCPA) to get compensation for his clients. This law protects consumers against abusive, deceptive, and unfair debt collection practices by creditors like Forever 21 and Comenity Bank. Violations of this law should be reported to the FTC.
California's RFDCPA Allows You to Get Even More Compensation
California's consumer protection law, the Rosenthal Fair Debt Collection Practices Act (RFDCPA), focuses on making debt collectors respect the rights of debtors by acting with fairness and honesty. This law allows for damages similar to federal laws; however, it expands the ability to collect money for emotional distress.
The TCPA Prohibits Harassment in Telephone Marketing
In some cases, the Telephone Consumer Protection Act (TCPA) may apply to creditors like Comenity Bank. This federal law prohibits telephone marketers from harassing consumers. The Federal Communications Commission (FCC) has authority under the TCPA to implement regulations regarding telemarketers. It also allows the FCC to coordinate a national Do-Not-Call registry.
What Is Forever 21?
Forever 21 is one of the largest retail stores in the United States. They sell clothing focused on the whole family, including shoes and accessories. Forever 21 has more than 540 locations globally, and consumers can also shop online.
Why Is Comenity Bank Calling Me About My Forever 21 Account?
The Forever 21 credit card, also called Forever Rewarded, is actually a line of credit offered by Comenity Capital Bank, which is part of Bread Financial. When you fall behind on Forever 21 payments, Comenity Bank will try to collect that debt by calling you and sending letters via mail. Comenity Bank may also use third-party collection agencies to collect debts on their behalf.
Comenity Bank and the third-party collectors they use often harass consumers in an attempt to collect a debt. They may continue to call you after you request that they stop, or they may threaten legal action without actually intending on filing a lawsuit. These tactics are illegal, and Comenity Bank may owe you money if they violate your consumer rights.
How Do Comenity Bank and Forever 21 Violate Consumer Protection Laws?
Comenity Bank and Forever 21 are required to comply with state and federal laws when collecting a debt. Even if you are behind on payments, you have rights that should be respected. Some regulations Comenity Bank frequently violates 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
These debt collectors may use “auto-dialers” or “robocallers” to contact you. If you answer the phone and hear a voice message or recorded statement, then it's likely a robocall. You will not likely be given an opportunity to opt out of those auto-dialed calls. Comenity Bank's illegal practices are violations of your rights, and they should be held accountable.
Can I Get Money If Comenity Bank and Forever 21 Violated My Rights?
If your rights have been violated by Comenity Bank and Forever 21 credit card, then you may be able to get compensation. The exact value of your case depends on several factors, including:
- Severity of violation of the law
- How many times they have acted illegally
- Your actual damages
You can get up to $1,000 for debtor harassment under the FDCPA. The defendants will also have to pay your attorney fees and court costs under federal law. California's RFDCPA can help you get even more for emotional distress. Some cases in California have resulted in damages of up to $300,000 for consumers who were harassed by creditors.
Are you worried about how much a debtor defense attorney costs? You won't have to pay legal fees in a debt harassment lawsuit when you win. Instead, the defendant creditor is required to pay for attorney fees and court costs.
A Forever 21 Credit Card Harassment Lawyer Can Help You
Have you fallen behind on your Forever 21 credit card account? Is Comenity Bank or a third-party collection agency harassing you? You may be able to get compensation for your damages and the stress you've endured.
Attorney Paul Mankin can help you make the phone calls and harassment stop. Find out how a debt harassment lawyer can help you get the compensation you need to move forward.
Call Law Office of Paul Mankin, APC at 800-219-3577 to schedule a case consultation.