Receiving constant debt collection calls can be frustrating and overwhelming, especially when the collectors are aggressive. Comenity Bank, a financial institution that issues credit cards for well-known retail brands, has garnered attention for its collection practices. If you’re dealing with aggressive debt collectors from Comenity Bank, it's important to know your rights and understand how to handle the situation effectively.
In this article, we’ll explore how to manage aggressive debt collection tactics from Comenity Bank, the legal protections you have as a consumer, and the steps you can take to resolve the issue.
Understanding Your Rights Under Debt Collection Laws
When dealing with aggressive debt collectors, knowing your rights is crucial. The Fair Debt Collection Practices Act (FDCPA) is a federal law that provides consumers with protection against unfair debt collection practices. Whether you're dealing with Comenity Bank or any other creditor, the FDCPA ensures that collectors must adhere to specific guidelines.
Under the FDCPA:
- No Harassment or Abuse: Debt collectors cannot harass you with repeated calls or use abusive language.
- Time Restrictions: Calls are restricted to the hours between 8 AM and 9 PM, unless you’ve agreed to other times.
- Cease Communication Requests: If you ask collectors to stop contacting you in writing, they are legally required to comply.
- False or Deceptive Claims: Debt collectors cannot threaten you with actions they don't intend to take, such as lawsuits or wage garnishment.
- Third-Party Disclosure: Collectors cannot disclose information about your debt to anyone other than you, your spouse, or your attorney.
Knowing these protections is key to defending yourself from aggressive tactics.
Common Aggressive Debt Collection Tactics
Some debt collectors resort to aggressive tactics that push the boundaries of what is legally allowed. Here are common signs that Comenity Bank’s debt collectors may be crossing the line:
- Frequent Calls: If you’re receiving multiple calls in a day or during unreasonable hours, this can be a form of harassment.
- Threats of Legal Action or Arrest: Collectors may attempt to scare you into making payments by falsely threatening lawsuits or jail time.
- Pressure to Make Immediate Payments: Some collectors may demand immediate payment without giving you a chance to verify the debt or review your financial options.
- Contacting Friends, Family, or Co-workers: Collectors may call third parties in an attempt to embarrass or pressure you into paying the debt.
If any of these tactics sound familiar, it’s essential to know that you have options to fight back.
Steps to Take When Facing Aggressive Debt Collectors
When dealing with aggressive debt collection practices, it’s important to remain calm and take specific steps to protect yourself.
1. Request Debt Validation
The first step in dealing with any debt collection call is to ask for written verification of the debt. Collectors are required to provide this information within five days of contacting you. The validation should include the amount you owe, the name of the creditor, and evidence that the debt is yours.
If you don’t believe the debt is valid, or if you’re unsure about the amount, you have the right to dispute it within 30 days. This forces the collector to provide proof of the debt, and they must stop collection efforts until they do.
2. Send a Cease-and-Desist Letter
If the calls are becoming overwhelming, you can send a cease-and-desist letter requesting that Comenity Bank stop contacting you. Once they receive this letter, they are only allowed to contact you for specific legal reasons, such as notifying you of a lawsuit.
When sending a cease-and-desist letter:
- Clearly state your request to stop all communication.
- Send the letter via certified mail with a return receipt, so you have proof it was received.
- Keep a copy of the letter and the receipt for your records.
3. Keep Detailed Records
Documenting every interaction with debt collectors is critical. Keep track of:
- The dates and times of phone calls.
- The names of the representatives you speak to.
- The content of the conversations, especially if they threaten or harass you.
This documentation can serve as evidence if you need to file a complaint or pursue legal action.
4. Negotiate or Set Up a Payment Plan
If you acknowledge that the debt is valid but can’t pay the full amount, you may be able to negotiate with Comenity Bank for a settlement or a manageable payment plan. When negotiating:
- Ensure any agreement is in writing.
- Never provide your bank account information over the phone until you have a signed agreement.
- Stay clear on what you can realistically afford to pay.
Debt collectors are often willing to accept partial payment in a settlement, so it’s worth discussing your financial situation with them.
5. Seek Legal Help
If Comenity Bank debt collection harassment continue to use aggressive tactics despite your efforts, you may want to consult with a consumer protection attorney. Lawyers specializing in debt collection harassment can:
- Review your case for any violations of the FDCPA.
- Assist you in negotiating with the collector.
- Help you file a lawsuit if your rights have been violated. Under the FDCPA, you can receive damages for emotional distress, as well as attorney fees if you win the case.
Filing a Complaint
If Comenity Bank’s collection practices are violating your rights, you can file a complaint with:
- The Consumer Financial Protection Bureau (CFPB): The CFPB investigates complaints and enforces fair debt collection practices.
- The Federal Trade Commission (FTC): The FTC oversees consumer protection laws and can take action against companies using unfair debt collection tactics.
- Your State’s Attorney General: Many states have additional consumer protection laws that apply to debt collection.
Filing a complaint can trigger an investigation and put a stop to illegal collection practices.
