Comenity Bank, a major issuer of store-branded credit cards, has been subject to numerous complaints regarding phone harassment. Customers report relentless calls, sometimes multiple times a day, often in an attempt to collect on past-due accounts. Understanding your rights and knowing how to respond can help you manage this situation effectively.
Recognizing Harassment
Phone harassment by debt collectors can take many forms, including:
- Frequent and Repeated Calls: Receiving multiple calls in a single day, often at inconvenient times.
- Threatening Language: Using abusive or threatening language to intimidate you into making a payment.
- Calls to Your Workplace: Contacting you at your place of employment despite being asked not to.
- Failure to Identify: Not providing their name, the name of the company, and the purpose of the call.
Your Legal Protections
The Fair Debt Collection Practices Act (FDCPA) offers significant protections against debt collection harassment. Under this federal law, debt collectors are prohibited from using abusive, unfair, or deceptive practices. Key protections include:
- Restrictions on Call Times: Collectors cannot call before 8 AM or after 9 PM, unless you agree to it.
- Cease and Desist Requests: You can request that the collector stop contacting you, and they must comply except to inform you of specific actions they are taking.
- Prohibition of Harassment: They cannot use threats, obscene language, or repeatedly call to annoy or harass you.
Steps to Handle Harassment
- Document Everything: Keep a record of all communications with Comenity Bank, noting the date, time, and nature of each call.
- Request Debt Validation: If you are unsure about the debt, request a validation letter. This forces the collector to provide evidence of the debt.
- Send a Cease and Desist Letter: Write a letter requesting that Comenity Bank stop contacting you. Send it via certified mail with a return receipt requested.
- File Complaints: If harassment continues, file a complaint with the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and your state’s attorney general office.
- Seek Legal Assistance: Consult with a consumer rights attorney who can advise you on your rights and represent you if necessary.
Conclusion
Comenity Bank phone harassment is a serious issue, but knowing your rights and taking proactive steps can help you manage the situation effectively. By documenting communications, requesting debt validation, and seeking legal advice, you can protect yourself from abusive practices and maintain your financial health.