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 fines and 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 offence.
- 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 fulfilment of the debt.
- Debt collectors are discouraged from engaging in unfair practices, such as depositing a post-dated check before the due date.
- Det 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.
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.
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