How to Stop Debt Harassment from Comenity Bank
Do you find yourself caught up in a debt collection nightmare? Are you currently receiving debt recovery calls from Comenity Bank and wondering how to stop the harassment stemming from these? Comenity Bank Phone Harassment could be construed as a violation of the TCPA, Telephone Consumer Protection Act and also of the FDCPA. A court of law may find them guilty or the violation of either the TCPA, the FDCPA, or both and have them pay statutory damages to you.
First of all, if you have taken a loan from your original lender and are unable to pay it back, creditors are within their rights to initiate action for debt recovery. However, this recovery needs to follow rules and there are certain practices that debt collectors are prohibited from engaging in.
What constitutes debt collection harassment?
If your creditors’ calls are worrying you and causing distress and trauma, then you are facing harassment. There are also specific actions that are not allowed and if the creditor is indulging in them, it constitutes harassment.
This behavior includes:
- Debt collectors are prohibited from contacting you at any time of the day, including late night or early morning. Visiting you at places you have not allowed access to, such as your workplace or residence.
- Debt collectors cannot make threats of harming you in person or abusing you over the telephone verbally.
- Debt collectors cannot threaten you with legal action which may not be applicable to your case at all.
- They are also not allowed to misrepresent the truth about your debt; intentionally providing you with false ‘information’ regarding the debt you owe.
- Third-party debt collectors are prohibited from passing on information about your debt to another person; informing the person who answers the phone or your door about your debt. Leaving a message regarding details of your debt with friends, relatives, or unauthorized persons.
- Your original lender or third-party agent must inform you that the responsibility of collecting your debt has been handed over to a debt collection agency.
- Communicating about your debt on social networks like Facebook is strictly prohibited
- Falsifying paperwork that scares you into believing that your debt is now a police or court matter is an offense.
- Debt collectors should not suggest ways in which you can pay off the debt (including selling your home or taking on another line of credit) without your permission.
- Debt collectors are prohibited from misrepresenting their identity by posing as an officer of the court.
- They are not allowed to issue threats to have you arrested or to take away your property for the fulfillment of the debt.
- Debt collectors are discouraged from engaging in unfair practices, such as depositing a post-dated check before the due date.
- Debt collectors cannot collect interest or fees that are above the debt you owe if this amount is not sanctioned by the law.
- In the case of a bank loan, it also constitutes harassment if the collection agents are using bank numbers to make phone calls for debt recovery.
How to stop harassment from Comenity Bank
Fortunately, there are rules in place to stop debt harassment from causing trauma and distress. As a consumer, you need to know what you can do to prevent yourself from going through the emotional trauma of unfair debt collection. As a result, The Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA) has been put into place to regulate collection practices and ensure consumers are not harmed.
The FDCPA says that harassment in any form is unacceptable, while the TCPA regulates the use of automated equipment to make robocalls and send text messages. Like the FDCPA, the TCPA also protects the rights of the consumers in the face of debt-related harassment. To understand the FDCPA and the TCPA better, you need to be familiar with all the legal processes; a task best entrusted to a lawyer. Furthermore, if you are facing Comenity Bank Phone Harassment for a debt you have defaulted upon, you need to contact a legal professional who can guide you through the entire debt collection process and ensure that your rights are respected.
Why hire a professional?
The FDCPA does not protect all kinds of debts. Furthermore, there could be a thin line between what is legal for the debt collectors and what constitutes willful harassment. A professional can help you navigate the different aspects of your debt better and also help you deal realistically with the issue of harassment, thus: Addressing your distress directly and helping reduce the stress you are likely to encounter.
Armed with the knowledge that a professional consumer rights attorney provides, you will be better equipped to negotiate with your creditors better.
What if I have already settled my debt?
Comenity bank is not allowed to contact you over debts that have previously been settled or discharged in bankruptcy, neither are they allowed to misinterpret the amount that you owe in unsettled debts. If Comenity collections is calling you with information about a debt that you do not owe or that you do not remember acquiring, here are a few things that you should do:
- Inform the caller that the alleged debt has already been resolved or discharged in bankruptcy. Tell them that it may be a mix up somewhere and politely ask that they look into it.
- You are entitled to a debt validation letter; ask for it. Comenity bank is required to send this letter to you within 5 days of their initial contact with you.
- Go through the records you have on your end to confirm if the debt actually exists, how much it is, and if it has already been resolved or settled. Examples of records to review involve: old account statements and copies of canceled checks. Be sure to keep them handy as well because you may need them in court.
- Check your records with the credit bureaus. There is a high chance that if this debt exists, then it was reported to the credit bureaus.
- If you have notified the debt collector about the non-existence of the debt and all else fails, you can ask the collector to completely stop contacting you by sending them what is called a “cease and desist letter”. If you are still being contacted by Comenity collections even after sending them a cease-and-desist letter, keep track of the calls, as they may serve as evidence to take legal action against the debt collection agency or to file a complaint to the Consumer Financial Protection Bureau.
How to write a Cease-and-Desist letter
Writing a cease and desist letter is a skill that requires specific knowledge and due to the technicalities involved, we usually advise that you hand the process over to a qualified consumer rights attorney to do it on your behalf.
Nevertheless, technology and the internet of things has made it a lot easier to do by providing you with information and a framework on how to go about writing a cease-and-desist letter. By the look of things, you may just be able to write a cease and desist letter by yourself. If you are frequently contacted by Comenity bank collection agency and you want them to stop contacting you, you can simply:
- Go to the Juris DebtLetter page and click the “Start My Letter” button.
- You will be asked a couple of questions in order to determine the strongest points of your case.
- You will be shown a preview sample of the letter to be sent to Comenity bank
- Once the sample letter has been approved by you, Juris will print, package, and send the letter to the debt collector via certified mail.
Need a professional to construct an effective cease-and-desist letter on your behalf? Call us now on 844-791-1990 to start the process.
Consumer Rights Law Firm, PLLC is a law firm that specializes in helping clients who are facing harassment from debt collectors in any form, including telephone communication.
If you are currently facing harassment, or are interested in learning more about how to protect yourself from Comenity Bank Phone Harassment, call us at (877)700-5790 for immediate assistance.
More about Comenity Bank
Comenity Bank debt collection is a pretty uncomfortable place to be in. If you are currently receiving Comenity Bank threats instructing you to pay up a debt that you are not sure you owe, be sure that you verify the debt to avoid a Comenity Bank scam. You can call Comenity Bank to verify the authenticity of the calls you are receiving or call us at (877)700-5790 to stop Comenity Bank harassment.
If Comenity keeps calling, then you should know that Comenity Bank collections are a normal and routine part of the debt collection process. It is when they begin to harass you that they may be guilty of debt collection harassment or be a fraudster trying to pull off one of many reported Comenity Bank scams
Why is Comenity bank calling me? You may be asking. Well, Comenity collections is most likely calling you because you owe a debt that you have defaulted on and your account has been transferred to them from your original lender. If you wish to stop Comenity phone calls, then you should strongly consider sending them a cease-and-desist letter. Retaining the services of a qualified consumer rights attorney will also go a long way to help you. If you still receive unpleasant messages and phone calls from Comenity Bank collection agency even after you have told them to desist from contacting you, then you may have grounds on which to sue them for debt collection harassment.
Does Comenity Bank sue? Is yet another question that may be on your mind. You should know that Comenity collections reserves the right to take you to court over the non-payment of your debts. They are, however, required to notify you of their intent to take legal actions against you. Stopping Comenity bank phone calls is very possible; the process is made miles easier with the right team of debt collection professionals on your side.
Comenity Capital Bank Columbus, Ohio is a licensed third-party debt collection agency.
Common Questions about Comenity Bank
Q: What do I do if I’m being harassed by a debt collection organization?
A: If you are being harassed with calls from a debt collection agency, the first thing to do would be to confirm the legitimacy of the establishment. Once that is done, you can proceed to confirm the legitimacy of the debt claim and the interest rate on the loan. If the organization’s representative is rude, aggressive, or abusive, you can contact us to determine whether you have an actionable harassment case.
Q: How many calls must I receive from Comenity Bank for it to be considered harassment?
A: You do not necessarily have to receive a specified number of calls for you to have a valid harassment charge; even one or a few calls can be very intimidating. However, if a debt collection agency is incessantly calling you (especially after you have clearly expressed your wish not to be contacted again), you may have stronger proof of telephone harassment.
Q: What if I’m receiving harassing text messages too?
A: Aggressive or threatening text messages are also considered a form of harassment. Save evidence of any harassing text messages that you have received from Comenity bank, as you may need to present it as evidence if a court case ensues.
Q: What are my rights regarding debts and debt collection practices?
- Make anonymous calls to you
- Call you at odd hours of the day
- Misinterpret the figure of your debt or interest
- Call you repeatedly, especially after you have asked them to stop.
- Threaten you with violence or jail time
- Inform a third party about your debt
Q: How do I provide evidence regarding the legitimacy of my harassment claim?
A: The first step to proving your harassment claim is by knowing what does and what does not constitute a harassment claim within the confines of the law. Once that is established, it is wise to save any harassment calls you have received on your voicemail for future reference.
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