by Paul MankinAre You Receiving Calls About Your Boscov’s Credit Card Account?
Do you have a Boscov’s credit card account that is past due? Is Boscov’s, Comenity Bank, or a third-party debt collector calling you repeatedly? Even if you owe them money, you have rights. They cannot harass you about your debt.
Comenity Bank owns Boscov’s credit card accounts. They are known for harassing consumers who are past due on payments. Attorney Paul Mankin can help you make the calls stop. Call Law Office of Paul Mankin, APC at 800-219-3577 for a case consultation.
Who Is Boscov’s?
Boscov’s is a family-owned department store based in Exeter Township, Pennsylvania. There are forty-nine stores with locations in Pennsylvania, New York, New Jersey, Delaware, Maryland, Ohio, Connecticut, and Rhode Island. They also have an online storefront. Products sold by Boscov’s include clothing for the whole family, jewelry, beauty, home goods, toys, and more.
Boscov’s Credit Card Is Owned by Comenity Bank
Boscov’s offers consumers a credit card that allows them to earn rewards for purchases. You can earn points for money spent in various departments and throughout the year. You can also receive 15% off your first day’s purchases when you open and use Boscov’s credit card. Members also enjoy birthday and holiday bonus offers.
Boscov’s credit card is used at Boscov’s department stores, but the credit account is owned by Comenity Capital Bank. If you miss a payment, Comenity Bank will call to try to collect the debt. If they are unsuccessful, they may also hire a third-party debt collection company to try to recover money from you. They may sell your debt for pennies on the dollar and the third-party will own your debt.
How Does Comenity Bank Violate Consumer Rights?
Comenity Bank and their third-party debt collectors are known for violating consumer rights of people who have Boscov’s credit cards. Some of the actions they take violate state and federal laws, including doing things like:
- Using harassing, abusive, and obscene language on phone calls
- Threatening consumers with violence
- Calling consumers an unreasonable number of times
- Lying about the legal status of a debt
- Threatening an unintended lawsuit
- Calling at unreasonable hours (before 8:00 a.m. or after 9:00 p.m.)
- Talking to unauthorized persons about the debt
If Comenity Bank or a third-party debt collector has taken these actions against you about your Boscov’s credit card account, then you should immediately contact a consumer rights attorney. Even if you are behind on payments, you have rights. Call Law Office of Paul Mankin, APC at 800-219-3577 for a case consultation.
How Do Federal Laws Protect Consumer Rights?
Consumers who own a Boscov’s credit card are protected by federal laws, including the Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA). These laws ensure creditors treat consumers fairly. They prohibit abusive, deceptive, and unfair actions when creditors are recovering debts.
Violations of the FDCPA should be reported to the Federal Trade Commission (FTC). Consumers can recover statutory compensation for violations of their rights.
The TCPA primarily addresses the way telephone marketers contact consumers. It prohibits harassment and unfair treatment. It also allows the Federal Communications Commission (FCC) to establish a national Do-Not-Call List.
State Protections of Consumer Rights
Many states also have laws that protect consumer rights. For example, California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) protects consumers who have Boscov’s credit cards and reside in California. It requires creditors to treat debtors with respect, honesty, and fairness. The RFDCPA allows for statutory compensation as well as damages for emotional distress.
How Much Is My Boscov’s Credit Card Harassment Lawsuit Worth?
If Comenity Capital Bank violated your consumer rights, you may be able to file a lawsuit against them and recover money for the stress the put you through. The exact amount of money you can get depends on:
- Severity of legal violations
- Number of times laws were violated
- Your actual damages
Federal laws like the FDCPA allow you to get statutory compensation of $1,000 for consumer rights violations. You can also get money for attorney fees and court costs, which can add up. State laws like California’s RFDCPA allow for statutory compensation, but you can also get money for emotional distress. In fact, some plaintiffs have gotten as much as $300,000 for emotional damages.
What Are Debt Collectors Allowed to Do When Collecting My Boscov’s Credit Card Debt?
There are many activities that state and federal laws prohibit as against consumer rights. However, debt collectors are allowed to attempt to collect debts for your Boscov’s credit card.
- Collecting Debts After the Statute of Limitations Has Passed
For example, they can attempt to collect your debt even if it has exceeded the statute of limitations. A statute of limitations is a deadline after which a lawsuit cannot be filed. Thus, while the debt collector cannot threaten a lawsuit or actually file one, they can still attempt to collect your debt even if it is past the statute of limitations.
- Filing a Lawsuit to Collect on The Debt
If the deadline has not passed, then Comenity Bank may file a lawsuit against you to try to collect the debt that you owe. If they win in court, then they may garnish your wages as well. It’s important to work closely with a debtor’s rights attorney to ensure your rights are protected if a creditor sues you.
- Negotiate Your Debt
Comenity Bank is known to negotiate a lower interest rate or accept less money than you actually owe. It’s often best to have your attorney reach out to negotiate these terms with Comenity Bank or a third party who owns your debt. This may end up being a very beneficial situation for you to rectify your debt for less than you owe.
Contact a Boscov’s Credit Card Harassment Lawyer for Help
If you owe money to Boscov’s credit card and Comenity Bank keeps calling about it, you should team up with a consumer rights lawyer who will protect you. Even if you are past due on payments, you have rights. Common violations of those rights can result in compensation for you.
Call attorney Paul Mankin today at 800-219-3577 for a case consultation.
by Paul MankinIs Big Lots Harassing You About Your Past Due Credit Card Account?
Is Big Lots repeatedly calling you about your credit card account? You can stop the calls by working closely with a consumer protection lawyer who will help you protect your rights. Even if you are past due on your account, creditors cannot harass you.
Your Big Lots credit card is owned by Comenity Capital Bank. Comenity and its third-party debt collectors are known to harass consumers like you. Attorney Paul Mankin can help you stop the calls and hold the creditors accountable. Call Law Office of Paul Mankin, APC at 800-219-3577 for a case consultation.
Who Is Big Lots?
Big Lots Stores, Inc. (Big Lots!) is an American retail company based in Columbus, Ohio. It has more than 1,400 stores in 47 U.S. states. They sell furniture, home goods, décor, clothing, toys, health and beauty items, and various other items.
Big Lots! originated as Odd Lots in 1982 as a closeout store. The stores were originally owned by Consolidated Stores Corporation. When the brand was bought out by Revco, a drug store chain, they began to expand outside of Columbus, Ohio. They did enter Canada in 2011, but they exited the Canadian marketplace in 2014 due to poor sales.
Big Lots Credit Cards and Rewards Cards
Big Lots! has both a rewards card and a credit card available to consumers. The rewards card does not involve purchasing items on credit and is not owned or affiliated with Comenity Capital Bank. However, the Big Lots credit card is owned by Comenity Bank, and if you get behind on payments, Comenity will call you to try to recover that debt.
Benefits of the Big Lots credit card include money back rewards, no interest when purchases are paid within a certain amount of time, flexible financing options, new cardholder discounts, and cardholder exclusive offers.
Why Is Comenity Bank Calling About My Big Lots! Credit Card Account?
Your Big Lots credit card is owned and managed by Comenity Bank. Thus, if you miss a payment, Comenity Bank will call you to try to recover that debt. If they are unsuccessful, they may hire a third-party debt collector to make those calls. They may even sell your debt for pennies on the dollar and a third party will own your debt.
Comenity Bank and their third-party debt collectors are known to harass consumers like you. If they do refuse to respect your rights, then you should immediately contact a consumer rights attorney. Call attorney Paul Mankin at 800-219-3577 for a case consultation.
State and Federal Consumer Rights Laws
State and federal consumer rights laws protect you against Big Lots credit card harassment. The Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act (TCPA), and Rosenthal Fair Debt Collection Practices Act (RFDCPA) prohibit creditors from violating consumer rights.
- FDCPA – This federal consumer protection law prohibits Comenity Bank from using abusive, deceptive, and unfair actions to recover debts from consumers like you. You can get statutory compensation for violations of the FDCPA. Violations of this law should be reported to the Federal Trade Commission (FTC).
- TCPA – This federal law addresses the way telephone marketers can contact consumers and prohibits harassment. It also allows the Federal Communications Commission (FCC) to establish a national Do-Not-Call List.
- RFDCPA – This is California’s consumer rights law that requires creditors to treat debtors with respect, fairness, and honesty. If harassment occurs, it allows consumers to get statutory compensation as well as damages for emotional distress.
How Does Comenity Bank Harass Consumers About Their Big Lots Accounts?
Comenity Bank and third-party debt collectors often harass consumers who have Big Lots credit card accounts. They violate consumer rights laws by:
- Using inappropriate, abusive, or obscene language on phone calls
- Threatening consumers with violence
- Repeatedly calling consumers an unreasonable number of times
- Lying about the legal status of a debt
- Threatening a lawsuit if they do not intend on filing one
- Calling at unreasonable hours of the day and night (before 8:00 a.m. or after 9:00 p.m.)
- Talking to unauthorized parties about your debt
How Much Money Can I Get For My Big Lots Credit Card Harassment Lawsuit?
If you do have to file a lawsuit against Comenity Capital Bank for harassment, then you may be able to get statutory compensation (an amount set by law) as well as damages for emotional distress. The exact amount you can get depends on:
- Severity of legal violations
- Number of times laws were violated
- Your actual damages
The federal FDCPA allows you to get statutory compensation of $1,000 as well as attorney fees and court costs. California’s consumer protection law, the RFDCPA allows for statutory damages, but also allows you to get damages for emotional distress. Some plaintiffs have received as much as $300,000 for the harassment they faced.
Contact a Big Lots Credit Card Harassment Lawyer For Help
If you are being harassed by Big Lots, Comenity Bank, or a third-party debt collector because of your past due credit card account, you need to contact a consumer rights attorney as soon as possible. These companies will try to cover up their illegal actions, and we need to collect the evidence quickly. Our first step is a case consultation so we can find out exactly what is happening with your case.
Attorney Paul Mankin is ready to fight for you. Call Law Office of Paul Mankin, APC at 800-219-3577 to move forward with your case.
by Paul MankinStop the Collection Calls About Your Avenue Credit Card Account
Is Avenue Credit Card calling you about your past due account? Have you asked them to stop, but they refused? You have rights, even if you are behind on payments to your Avenue credit card. State and federal laws protect you from creditor harassment.
Comenity Capital Bank owns your Avenue credit card account, and they are known for harassing consumers like you. Attorney Paul Mankin knows how Comenity Bank operates, and he can make the calls stop. Call Law Office of Paul Mankin, APC today at 800-219-3577 for a case consultation.
Who Is Avenue?
Avenue is a plus-size women’s apparel company that sells dresses, tops, pants, swim, shoes, sleepwear, and accessories. Their target audience is women between the ages of 25 and 55 who wear a size 14 or larger. The Avenue also operates women fashion brands Loralette, Cloudwalkers, Hips & Curves, and City Chic.
At one time, there are more than 200 Avenue stores in 33 states throughout the United States. However, in 2019, all Avenue stores were closed, and they became an online only retailer.
Avenue clothing stores began in 1983. It is based in New Rochelle, New Jersey. The company has gone through several parent companies due to sell outs and bankruptcies.
What Is the Avenue Credit Card?
There are two Avenue credit cards that consumers might own, including the Avenue Premier and Avenue Elite. Each of these cards has different benefits and perks.
The Avenue Premier card gives cardmembers 20% off the entire first purchase when the card is approved. They also get a $10 rewards certificate with a new card. Cardmembers earn rewards with every purchase, including 5% back in rewards. Avenue Premier members get 40% off one item during their birthday month. They also get advanced notice of sales, special events, and trends.
An individual may earn Elite status when they spend at least $400 in a 12-month period. Avenue Elite cardmembers get many of the same benefits as Premier cardmembers as well as some additional ones. For example, an Elite cardmember can earn a $20 rewards certificate with a new card. They earn one point for every $1 spent and receive a $10 rewards certificate for every 200 points earned. They can participate in Elite Bonus Point Days. Elite cardmembers get 50% off one item during their birthday month. They also get free standard shipping when they receive a reward certificate.
Why Is Comenity Bank Calling About My Avenue Card?
Although Avenue credit cards are exclusively used at Avenue brand stores, the credit account is owned by Comenity Capital Bank. If you fall behind on payments to your Avenue credit account, Comenity Bank or a third-party collection agency may call to try to recover money for that debt.
Comenity Bank typically tries to handle past due accounts on their own; however, they may hire a third party if their efforts to get money are not successful. They may even sell your debt to a third party for pennies on the dollar.
You Have Rights Against Creditor Harassment
Regardless of who owns your Avenue credit card debt, you have rights. Even if you are behind on payments, creditors cannot harass you and treat you poorly. There are state and federal laws that protect consumers, including the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), and California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA).
Some actions Comenity Bank often takes that violate consumer rights include:
- Repetitious phone calls or use of electronic communications without your permission
- Use of obscene or profane language
- Threats of harm or violence
- Calling you without telling you their name
- Lying about the legal status of your debt
- Threating a lawsuit if they do not intend to file
- Calling at unreasonable times (before 8:00 a.m. or after 9:00 p.m.)
- Talking to unauthorized parties about your debt
If Comenity Bank or a third party debt collector has used any of these tactics against you, then you should immediately contact a consumer rights attorney to handle a case against them. Attorney Paul Mankin can help. Call Law Office of Paul Mankin, APC at 800-219-3577 for a case consultation.
Federal Laws Protect Your Consumer Rights
There are federal laws that prohibit debtor harassment, including the Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA).
The FDCPA prohibits abusive, deceptive, and unfair treatment of debtors by creditors. If a creditor does harass a consumer, then they may have to pay them statutory compensation. Violations of the FDCPA should be reported to the Federal Trade Commission (FTC).
The TCPA is a federal law that addresses the actions of telephone marketers, prohibiting harassment of consumers. It also allows the Federal Communications Commission (FCC) to establish a national Do-Not-Call List.
California State Law Protecting Consumers
The Rosenthal Fair Debt Collection Practices Act (RFDCPA) is a California law that protects consumers within the state. It requires creditors to treat consumers with respect, fairness, and honesty. In addition to statutory compensation, it allows consumers to get money for emotional distress if they are harassed.
What Is the Value of My Avenue Credit Card Harassment Lawsuit?
Avenue credit card, Comenity Bank, and third-party debt collectors who violate consumer protection laws should be held accountable. You might wonder how much your case is worth. The exact value of your case depends on:
- How severely they violated the law
- Number of times they acted illegally
- Your actual damages
Federal laws, such as the FDCPA, allow you to collect up to $1,000 in statutory damages for harassment by creditors. You can also get money for attorney fees and court costs. California laws, including the RFDCPA, allow for statutory damages as well as emotional distress. In fact, some California plaintiffs have gotten as much as $300,000 in damages.
Contact an Avenue Credit Card Harassment Lawyer Today
If Avenue Credit Card, Comenity Capital Bank, or a third-party debt collector are calling and harassing you about your past due account, then you should contact a consumer rights attorney right away. Attorney Paul Mankin will review your situation and help you decide if an Avenue credit card harassment lawsuit is the right choice.
Call Law Office of Paul Mankin, APC today at 800-219-3577 to schedule a case consultation
by Paul MankinAre You Receiving Calls About Your Past Due Appleseed’s Account?
Becoming past due on your Appleseed’s credit account does not mean that the creditor can call and harass you to try to get the money. You have rights even if you are behind on payments. State and federal laws protect you against creditor harassment.
Appleseed’s credit card account is managed by Comenity Bank. If Appleseed’s, Comenity Bank, or their third-party debt collectors are violating your rights, you need a consumer rights attorney on your side. Attorney Paul Mankin can help. Call Law Office of Paul Mankin, APC at 800-219-3577 today.
Who Is Appleseed’s?
Appleseed’s began as “Johnny Appleseed’s” in 1946 and was based in Beverly, Massachusetts. It originally sold men’s, women’s, and children’s clothing as well as other goods. Today, Appleseed’s focuses on women’s apparel lines.
Appleseed’s target consumers are women in the Baby Boomer generation. They claim to offer “classic” women’s apparel for the “prime-time” woman.
Appleseed’s is part of Blue Stem Brands, Inc., which offers men’s and women’s apparel, footwear, and accessories. The parent company also sells home goods, health and wellness products, beauty items, items for hobbyists, food and seasonal gifts, and more. They all specify that they target “mature, active living” individuals.
Why Is Comenity Bank Calling Me About My Appleseed’s Account?
Comenity bank owns Appleseed’s credit accounts. If you become past due on your credit card, Comenity Bank will call you to try to recover the debt. If their efforts are not successful, they may hire a third-party debt collector to try to get money. They may even sell your debt for pennies on the dollar and the third-party will own your debt.
Although you may be behind on your payments, Comenity Capital Bank and their debt collectors for Appleseed’s do not have a right to violate your consumer rights. If they are harassing you, you should contact a consumer protection attorney right away. Attorney Paul Mankin is available to help. Call 800-219-3577 to schedule a consultation of your case.
How Can I Stop the Debt Collection Calls from Appleseed’s?
You can tell Appleseed’s and Comenity Bank to stop calling you. Tell them that you want everything in writing. You should specifically tell them not to call your home, work, or relative’s phone numbers. You may also write them a letter stating that you do not want them to call you.
If Comenity Bank continues to harass you or calls you excessively, you should immediately hire a debtor protection lawyer. Your attorney can send the debt collectors a letter telling them to stop or file a creditor harassment lawsuit. You can even get money if they violate your consumer rights.
What Do Debt Collectors Do to Harass Consumers?
Debt collectors like Comenity Capital Bank often harass consumers who have past due credit card accounts at stores like Appleseed’s. There are state and federal laws that protect you from that harassment, 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 often violate consumer rights by:
- Using abusive or obscene language on a phone call
- Threatening consumers with violence
- Calling repeatedly or an unreasonable number of times
- Lying about the legal status of a debt
- Threatening a lawsuit when none exists
- Calling at unreasonable times (before 8:00 a.m. or after 9:00 p.m.)
- Talking to unauthorized parties about debt
Although Comenity Bank has been sued for violating these laws, the company continues to harass consumers. The Federal Trade Commission (FTC) reports thousands of complaints against Comenity Capital Bank every year.
Federal Laws That Protect Consumers
There are two primary federal laws that protect consumers against creditor harassment. Those include the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA).
- FDCPA – This law protects debtors against unfair collection practices. Violations should be reported to the FTC. It allows statutory damages for consumers who have been harassed.
- TCPA – This law prohibits harassment of consumers by telephone marketers. It also allows the Federal Communications Commission (FCC) to regulate the national Do-Not Call List.
State Law Protects Consumers
Residents of California with an Appleseed’s account are also protected by the Rosenthal Fair Debt Collection Practices Act (RFDCPA).This California state law forces creditors to treat debtors with fairness and honestly. You can also get compensation under the RFDCPA if you are harassed by debt collectors.
How Much Money Is My Appleseed’s Credit Card Harassment Lawsuit Worth?
If Comenity Bank and other debt collectors violate your consumer rights, you may be able to get compensation under state and federal laws. The exact value of your case depends on several factors, including:
- The severity of the creditors’ legal violations
- The number of times they violated the law
- Your actual damages
Federal laws, such as the FDCPA, allow you to get up to $1,000 in statutory compensation for harassment by debt collectors. Those companies will also have to pay your attorney fees and court costs.
California’s RFDCPA allows you to get statutory damages as well as money for emotional distress. Some California consumers have received as much as $300,000 because of the emotional distress they endured.
An Appleseed’s Credit Card Harassment Lawyer Can Help You
Even if you are behind on payments to your Appleseed’s account, you have rights. Creditors cannot constantly harass you and lie about your accounts. They should be held accountable for their actions.
Contact attorney Paul Mankin to find out what options you have to stop the harassing creditor phone calls. You can even get compensation for their actions against you. Call Law Office of Paul Mankin, APC today at 800-219-3577 to schedule a case consultatio
by Paul MankinStop Harassment About Your Ashley Stewart Credit Card Account
Is Ashley Stewart or other creditors calling you about your credit card account? Do they refuse to stop or call at all hours of the day and night? Even if you are behind on payments, you have rights. They are not legally allowed to harass you and should be held accountable.
Your Ashley Steward credit card is owned by Comenity Bank, which often harasses consumers who are past due on their payments. Attorney Paul Mankin can help you make the calls stop. Call Law Office of Paul Mankin, APC today at 800-219-3577 for a case consultation.
Who Is Ashley Stewart?
Ashley Stewart is a women’s apparel company that focuses on providing lifestyle clothing to plus-size individuals. It was founded in American in 1991 and was inspired by the upscale fashion of Laura Ashley and Martha Stewart.
There are more than 90 Ashley Stewart stores in 22 states. They filed for bankruptcy in 2010 and 2014; however, the company has made a comeback in recent years.
Why Is Comenity Bank Calling About My Ashley Stewart Account?
Although you use your card at Ashley Stewart, the account is actually owned by Comenity Capital Bank. If you fall behind on payments to your Ashley Stewart credit card account, then they may call you to try to recover the debt.
Comenity Bank will begin by calling you to try to get the money they feel that you owe. However, they may hire a third-party debt collection agency to contact you as well. If they are not successful, they may sell your debt to a third party for pennies on the dollar. You will then owe money to the third party instead of Ashley Stewart or Comenity Bank.
What Does Ashley Stewart Do to Harass Consumers?
The Ashley Stewart credit card and debt collectors are known for violating consumer rights when trying to get money. There are state and federal laws that protect consumers, including the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), and California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA).
Some of the actions Comenity Bank is known for taking that violate consumer rights include:
- Using harassing, abusive, or obscene language on a phone call
- Threatening violence towards consumers
- Repeatedly calling an unreasonable number of times
- Lying about the legal status of debt
- Threatening a lawsuit if it is not an action they will take
- Calling at unreasonable times (before 8:00 a.m. or after 9:00 p.m.)
- Talking to an unauthorized party about a consumer’s debt
If Comenity Bank takes these actions against you, then you should immediately contact a consumer rights attorney who can protect you. Attorney Paul Mankin is here to help. Call Law Office of Paul Mankin, APC at 800-219-3577 for a case consultation.
State and Federal Laws Protect Your Consumer Rights
There are multiple state and federal laws that protect your consumer rights against creditor harassment. The most commonly referenced laws include the Fair Debt Collection Practices Act (FDCPA), the Telephone Consumer Protection Act (TCPA), and the Rosenthal Fair Debt Collection Practices Act (RFDCPA).
- FDCPA – This is a federal law that protects debtors’ rights and allows them to collect compensation for abusive, deceptive, or unfair treatment. Violations of the FDCPA should be reported to the FTC.
- TCPA – This federal law prohibits harassment by telephone marketers and allows the Federal Communications Commission (FCC) to establish the national Do-Not-Call List.
- RFDCPA – This is a California state law that requires creditors to treat debtors with respect, fairness, and honesty. It allows debtors to get statutory compensation as well as damages for emotional distress.
How Much Money Can I Get For My Ashley Stewart Credit Card Harassment Lawsuit?
If you file a lawsuit against Comenity Bank or other creditors who are violating your rights, you may be able to get various types of compensation. The exact amount of money you can get depends on:
- How severely they violated the law
- Number of times they acted illegally
- Your actual damages
The FDCPA allows you to get statutory damages of up to $1,000 as well as attorney fees and court costs. California’s RFDCPA allows you to get statutory damages as well as money for emotional distress. In some cases of extreme emotional distress, California plaintiffs have been awarded as much as $300,000.
Do I Need a Consumer Protection Lawyer?
Although you are not required to get legal advice for your Ashley Stewart credit card harassment case, you should know that you will be at a disadvantage if you do not. The creditors will have teams of attorneys on their side. They will violate your rights, and you may not know how to stop them.
When you work with a consumer rights attorney like Paul Mankin, you have someone on your side who knows the laws. You don’t have to deal with the complex legal issues on your own.
Contact an Ashley Stewart Credit Card Harassment Lawyer Today
Attorney Paul Mankin has worked with countless clients who were behind on payments to Ashley Stewart. He understands that Comenity Bank will harass consumers and take advantage of them. And, Paul Mankin is ready to fight back.
When you contact Law Office of Paul Mankin, APC, you get a team of legal professionals on your side. Call us today at 800-219-3577 to schedule a case consultation.
by Paul MankinIs Comenity Bank Harassing You About Your Abercrombie & Fitch Credit Card?
If you had an Abercrombie & Fitch credit card, you may wonder why Comenity Bank or other third-party collectors are not contacting you. Although you were able to use the card at Abercrombie & Fitch, the card was actually managed by Comenity. If you are past due on payments, the bank and their collection agencies may be trying to collect on that debt.
Comenity Bank and its third-party debt collectors are known to harass and violate the rights of people with Abercrombie & Fitch credit cards. Attorney Paul Mankin will help you stop the calls from creditors and get you back on your feet. Call Law Office of Paul Mankin, APC at 800-219-3577 for a consultation.
Who Is Abercrombie & Fitch?
Abercrombie & Fitch was founded as Abercrombie Co. in 1892 by David Abercrombie. The stores originally sold outdoor supplies, including high quality camping, fishing, and hunting gear.
Abercrombie & Fitch has evolved to be a global retailer of apparel and accessories for men, women, and children. They are comprised of five brands, including Abercrombie & Fitch, abercrombie kids, Hollister, Gilly Hicks, and Social Tourist.
The company has three home offices in Columbus, Ohio, USA; London, England; and Shanghai, China. It has more than 750 stores and employs over 25,000 associates.
What Is the Abercrombie & Fitch Credit Card?
The Abercrombie & Fitch credit card was issued by Comenity Capital Bank, which is based in Draper, Utah. The credit card was offered by Abercrombie & Fitch until May 2020. The company does still offer a membership-based points system called myAbercrombie.
Since Comenity Bank actually owns the credit accounts issued under the name of Abercrombie & Fitch, the bank is the entity that will contact you if you fall behind on payments. They may even transfer your account to a third-party debt collector who will make calls on their behalf.
State and Federal Laws Protect You Against Comenity Bank’s Harassment
Even if you are behind on payments to your Abercrombie & Fitch credit card, Comenity Bank does not have a right to harass you. There are state and federal laws that protect 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).
Abercrombie & Fitch credit card debt collectors cannot:
- Use abusive, harassing, or obscene language towards you
- Threaten to be violent
- Call you an unreasonable number of times
- Lie about the legal status of your debt
- Threaten to sue you if a lawsuit is not pending
- Call at unreasonable hours (before 8:00 a.m. or after 9:00 p.m.)
- Tell an unauthorized party about your debt
Comenity Bank, Abercrombie & Fitch credit card, and their collection agencies have been sued many times for violating the TCPA, FDCPA, RFDCPA, and other regulations. Despite ongoing efforts to stop the harassment, the Federal Trade Commission (FTC) reported that there are more than 200,000 complaints every year about creditors violating the rights of consumers.
If your consumer rights have been violated by Comenity Bank or a collection agency regarding your Abercrombie & Fitch credit card, you should immediately contact a debt harassment lawyer. Call attorney Paul Mankin at 800-219-3577 to schedule a case consultation.
The FDCPA Protects You Against Abercrombie & Fitch Harassment
The Fair Debt Collection Practices Act (FDCPA) protects consumers against abusive, deceptive, and unfair collection practices by creditors like Comenity Capital Bank. Violations of the FDCPA by Abercrombie & Fitch credit card and collection agencies should be reported to the FTC. You can get compensation for damages under the FDCPA if your rights have been violated.
California’s RFDCPA Protects Consumers’ Rights
The Rosenthal Fair Debt Collection Practices Act (RFDCPA) is a California state law that protects consumers’ rights in a similar manner that federal laws protect debtors. It forces debt collectors to respect the rights of debtors and act with fairness and honesty. You can get statutory damages under the RFDCPA like you can federal laws; however, you may also be eligible for emotional distress as well.
Consumers Are Protected By the TCPA
The Telephone Consumer Protection Act (TCPA) primarily applies to telephone marketers. It allows the Federal Communications Commission (FCC) to make regulations that prohibit harassment of consumers. The FCC also coordinates the national Do-Not-Call registry under the TCPA.
How Does Abercrombie & Fitch and Comenity Bank Violate Laws?
Comenity Capital Bank and their third-party collection agencies will make calls to recover past due debt for Abercrombie & Fitch credit cards. They often violate state and federal consumer protection laws. Some of the ways they violate consumer rights include:
- Failure to honor a “Do Not Call” request
- Unsolicited advertisements
- Auto-dialer calls without consent
- Not allowing consumers to opt out of robocalls
- Failure to identify themselves or the original creditor on the call
Abercrombie & Fitch debt collectors often use “auto-dialers” or “robocallers” to contact consumers who owe money. They use recorded statements and automated voice messages. You may not be given an opportunity to opt out of these robocalls. This process is illegal and against federal laws. It should be reported as a violation of your consumer rights.
How Much Is My Abercrombie & Fitch Credit Card Harassment Case Worth?
You can get compensation if Abercrombie & Fitch credit card debt collectors like Comenity Bank violate your consumer rights. The value of your debt harassment lawsuit depends on:
- The severity of the legal violations
- The number of times they violated the law
- Your actual damages
The federal FDCPA allows you to get up to $1,000 in statutory compensation for debtor harassment. You can also get money for attorney fees and court costs. California’s RFDCPA can make your case worth even more. In addition to statutory compensation, you can get damages for emotional distress. Some California debt harassment plaintiffs have been awarded up to $300,000 because of the distress creditors put them through.
An Abercrombie & Fitch Credit Card Harassment Lawyer Can Help You
You deserve a second chance if you’ve fallen behind on your Abercrombie & Fitch credit card payments. The creditors should not be harassing you day and night. A debt harassment lawsuit can help you stop the calls and get you compensation for damages.
Attorney Paul Mankin has the experience to help you fight back against Comenity Bank and the Abercrombie & Fitch credit card debt collection agencies.
Call Law Office of Paul Mankin, APC today at 800-219-3577 to schedule a case consultation.
by Paul MankinStop Harassing Phone Calls About Your American Home Account
Are you being harassed by debt collectors about the American Home credit card? Have you asked them to stop, but they continue? You should know that even if you are behind on payments to your American Home account, you have rights. There are state and federal laws that prohibit consumer harassment.
Your American Home credit account is managed by Comenity Bank, which is known for violating the rights of consumers. Attorney Paul Mankin can help you make the harassment stop. Call Law Office of Paul Mankin, APC at 800-219-3577 for a consultation.
Who Is American Home?
American Home is a seller of high-quality home furnishings and accessories. They have been in operation since 1936, and they are based in New Mexico. Their buyers find products in major markets throughout the world and sell them through affiliates in the United States and online.
American Home Furniture offers bedroom, dining sets, living room sets, and more. It also has a large rug department. The company boasts that it has globally curated home accessories as well as unique art.
Why Is Comenity Bank Contacting Me About My American Home Account?
Your American Home account can be used as credit on the store’s products; however, it is actually an account owned and managed by Comenity Capital Bank. If you fall behind on payments to Comenity Bank, they will call you to try to recover money for that debt. They often hire third parties to collect money on their behalf.
Comenity Bank and the third-party collectors are known to harass and violate the rights of American Home credit card owners. If you believe they have violated your rights, you should contact a consumer protection attorney right away. Attorney Paul Mankin is available to help. Call today at 800-219-3577 to discuss your specific situation.
What Happens If My American Home Account Becomes Past Due?
If you do not make timely payments on your American Home account, then Comenity Bank will initially call you to try to resolve the issue. The bank typically tries to avoid involving a third party because they lose money if you don’t pay your entire debt to them directly.
However, if you become excessively late on payments or fail to stay in contact with Comenity Bank about your American Home Furnishings account, they may involve a third-party debt collector. In this case, the third-party debt collector will receive a portion of the money that they are able to collect from you.
In some situations, Comenity Bank will sell the debt to a third party for pennies on the dollar. Then, the collection agency turns a profit when they collect the full debt from you.
Comenity Bank and the third-party debt collection agencies will call, send letters, and take other actions to try and get money from you. They may even threaten a debt lawsuit. Some of their actions may be illegal if they violate your consumer rights.
Consumers Cannot Be Harassed by Debt Collectors
American Home credit card account, Comenity Bank, and collection agencies do not have a right to harass you to get money for debts that you owe. There are state and federal laws that protect consumers, including the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), and California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA).
Some actions that debt collectors often take that violate consumer rights include:
- Using harassing, abusive, or obscene language on a phone call
- Threatening violence towards consumers
- Repeatedly calling an unreasonable number of times
- Lying about the legal status of debt
- Threatening a lawsuit if it is not an action they will take
- Calling at unreasonable times (before 8:00 a.m. or after 9:00 p.m.)
- Talking to an unauthorized party about a consumer’s debt
Comenity Bank has been sued for violating these laws, but they continue to harass consumers. In fact, the Federal Trade Commission (FTC) receives thousands of complaints about Comenity Bank and its third-party collectors every year.
How Do Federal Laws Protect Consumers?
There are multiple federal laws that protect consumers’ rights against creditors. The most commonly referenced laws include the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA).
The FDCPA protects debtors against unfair collection practices that involve abusive and deceptive means to get money. Violations of the FDCPA should be reported to the FTC. A consumer can get compensation under the FDCPA if their rights are violated by creditors like Comenity Bank for an American Home credit card balance.
The TCPA applies to telephone marketers and prohibits harassment of consumers. It also allows the Federal Communications Commission (FCC) to make regulations protecting consumers and regarding the national Do-Not-Call registry.
California State Law Protects Consumers
If you are a resident of California and you have an American Home account, you are also protected by the Rosenthal Fair Debt Collection Practices Act (RFDCPA). This California state law is similar to the federal laws, forcing debt collectors to respect the rights of consumers and treat debtors with fairness and honesty.
You can often get more compensation under the RFDCPA than under federal laws because the state law allows an award for emotional distress caused by the creditors and their agents.
Compensation for Your American Home Credit Card Harassment Lawsuit
If your rights are violated by Comenity Bank and their agents regarding your American Home account, then you may be able to get compensation for that harassment. The value of your case depends on:
- The severity of the legal violations
- The number of times they violated the law
- Your actual damages
Under the FDCPA, you can get up to $1,000 in statutory compensation for harassment by creditors. You can also get money to cover attorney fees and court costs under federal laws.
California’s RFDCPA allows for statutory damages as well as money for emotional distress. In fact, some California plaintiffs have received as much as $300,000 because of excessive emotional distress caused by debt collectors.
An American Home Credit Card Harassment Lawyer Can Help You
There are state and federal laws that protect consumers like you. Even if you’ve fallen behind and are in debt, you have rights. Don’t let creditors like Comenity Bank and their debt collectors take advantage of you.
Contact attorney Paul Mankin to fight back against the creditors who are harassing you day and night. Call Law Office of Paul Mankin, APC today at 800-219-3577 to schedule a case consultation.
by Paul MankinCar Warranty Denial Disputes
Car warranty disputes can be a complex and frustrating issue for many consumers who feel defrauded by car dealers. With an array of warranties, coverage limits, and exclusions to navigate, it is crucial for buyers to arm themselves with knowledge about their rights and the best course of action when faced with such challenges.
This post will take a deep dive into the details of car warranties, as well as how to effectively talk with dealerships about your worries. Additionally, we will explore options for contacting warranty companies directly and seeking legal assistance through lemon law attorneys in Los Angeles.
Furthermore, we will discuss reporting non-compliant dealerships to consumer protection agencies like California DMV or FTC’s Bureau of Consumer Protection. Finally, you’ll learn valuable tips on preventing future car warranty disputes by researching reputable dealerships and ensuring transparency in warranty agreements.
Understanding Your Warranty
Before taking action, understand your warranty’s terms and conditions, including coverage, duration, and limitations, to determine if the dealership should honor it.
Types of warranties: manufacturer vs. extended warranties
Manufacturer warranties cover defects in materials or workmanship, while extended warranties offer additional protection beyond the original warranty.
Coverage duration and mileage limits (examples)
- New vehicle limited warranty: 3 years or 36,000 miles (whichever comes first)
- Powertrain limited warranty: 5 years or 60,000 miles (whichever comes first)
- Rust-through/perforation limited warranty: up to 6 years with no mileage limit
Common exclusions in used car warranties
Common components subject to wear-and-tear, such as tires, wheels, brake pads, rotors, wiper blades and the battery may not be covered under a used car warranty.
Review your warranty agreement carefully and ask questions if anything is unclear to handle disputes with a dealership.
Communicating With The Dealership
Got a warranty issue? Talk to the dealership, but be professional and bring documentation to back up your claim.
Gathering necessary documents
Get your warranty agreement, repair estimates, and other paperwork in order before approaching the dealership.
Contacting customer service representatives or managers
Attempt to address the issue with customer service personnel, but be prepared to contact higher-level personnel if necessary.
Keeping detailed notes during conversations
- Write down names, titles, dates, and key points discussed during each interaction.
- Keep a record of phone calls or emails exchanged between both parties.
- Recording phone conversations may be helpful, but make sure it’s legal in your state.
These steps will help streamline communications and provide evidence if legal action becomes necessary.
Contacting The Warranty Company Directly
When the dealership refuses to cooperate despite evidence supporting your claim, it’s time to contact the warranty company directly for assistance.
Locating Contact Information for Warranty Providers
Locate the contact information for your warranty provider in the agreement or on their website.
Presenting Relevant Documents When Speaking With Company Representatives
Present all relevant documentation related to your case when speaking with representatives from the warranty company.
Requesting Intervention From Higher Authorities Within The Organization
- Request intervention from higher authorities within the organization if initial conversations do not yield satisfactory results.
- Escalate matters through various levels of management until an appropriate resolution is reached.
- Direct communication between representatives from both parties can resolve outstanding disputes more efficiently.
By working directly with the warranty company, you can potentially bypass dealership roadblocks and find a resolution to your dispute more quickly.
Get Legal Help from Lemon Law Attorneys in California
When it comes to major defects in your car that can’t be fixed, obtaining legal counsel from knowledgeable lemon law attorneys with expertise in consumer protection regulations is the way to go.
California Lemon Law Eligibility Criteria
California lemon laws protect consumers who have purchased or leased a new or used vehicle (if certified pre-owned or dealer provides a warranty) with significant defects that are covered under warranty and can’t be repaired after a reasonable number of attempts.
- The defect must impair the use, value, or safety of the vehicle.
- You must have given the manufacturer/dealer a reasonable opportunity to repair the defect (multiple repair attempts).
- The problem must persist despite these efforts.
Find Reputable Lemon Law Attorneys in California
Research online, read reviews, ask for recommendations, and consult local bar associations’ directories to find qualified lawyers specializing in lemon law.
Build a Strong Case Against Non-Compliant Dealerships and Manufacturers
Gather all relevant documents, keep a detailed log of all repair attempts, obtain expert opinions, and work closely with your lemon law attorney to develop a solid legal strategy.
- Gather all relevant documents such as purchase agreements, warranties, repair orders, and correspondence with the dealership.
- Keep a detailed log of all repair attempts, including dates, problems encountered, and any costs incurred.
- Obtain expert opinions from independent mechanics to support your claim.
- Work closely with your lemon law attorney to develop a solid legal strategy.
By taking these steps, you can significantly increase your chances of winning a warranty dispute against dishonest dealerships and protecting your rights as a consumer.
Reporting to Consumer Protection Agencies
When all else fails, it’s time to take action and report your car warranty dispute to the California DMV or FTC for further investigation.
Filing a complaint with the California DMV involves gathering all relevant documentation and contacting their Investigations Division via phone or website to submit your complaint and supporting documents.
Filing a complaint with the FTC’s Bureau of Consumer Protection can be done through their Complaint Assistant website, enabling you to detail your experience and potentially initiate legal action against non-compliant dealerships.
By taking action, one can raise recognition of the matter and may possibly result in lawful measures against dealerships that are not adhering to regulations.
Preventing Future Warranty Issues
Don’t get stuck with a lemon – take these steps to prevent future warranty disputes when buying a used car from a dealership.
Research Reputable Dealerships
Find a dealership with a solid reputation by reading reviews and asking for recommendations from friends and family.
Request a Pre-Purchase Inspection
Get an independent mechanic to inspect the car before you buy it to avoid any hidden damages or problems.
Ensure Clear Warranty Terms
- Know Your Warranties: Understand the differences between manufacturer and third-party warranties.
- Review Coverage Details: Make sure you know what’s covered and what’s not.
- Negotiate Terms: Don’t be afraid to ask for better coverage or a longer duration.
- Get It in Writing: Ensure all warranty terms are clearly outlined and agreed upon in writing.
By following these steps, you can avoid auto fraud and have a stress-free car-buying experience.
FAQs in Relation to Car Warranty Disputes
How to Dispute a Car Warranty Denial
If you have been defrauded by a car dealer, it is important to know how to dispute a car warranty denial. The first step is to gather all necessary documents, including the warranty agreement and repair estimates. Next, communicate with the dealership’s customer service representatives or managers, keeping detailed notes during conversations. If you are unsuccessful, contact the warranty company directly and present relevant documents. If needed, seek legal assistance from lemon law attorneys and report to consumer protection agencies like the California DMV or the Bureau of Consumer Protection.
What to Do If Your Warranty Is Not Honored
If your warranty is not honored, try resolving the issue with the dealership and/or manufacturer by discussing it with their management team. If this fails, contact your warranty provider directly and request intervention from higher authorities within their organization. You may also consider seeking help from lemon law attorneys in the Los Angeles area for legal advice on building a strong case against non-compliant dealerships.
What Are 5 Common Acts That Void Your Vehicle’s Warranty?
- Misuse of vehicle: racing or off-roading
- Lack of maintenance: failure to follow manufacturer-recommended services
- Tampering/modifications: unauthorized changes affecting performance or safety
- Fraudulent odometer manipulation: altering mileage readings
- Sustaining damage due to accidents/natural disasters (e.g., flood)
What Voids a Car Manufacturer’s Warranty?
A car manufacturer’s warranty can be voided by misuse of the vehicle (such as racing), lack of proper maintenance according to recommended schedules, unauthorized modifications/tampering affecting performance/safety, fraudulent odometer manipulation, or sustaining severe damage through accidents/natural disasters like floods. It is essential to follow the manufacturer’s guidelines to maintain warranty coverage.
Conclusion
Dealing with Car dealer or manufacturer Warranty Disputes
Don’t let a warranty dispute leave you stranded – know your warranty and communicate with the dealership or warranty company directly.
If things get sticky, consider seeking legal assistance from reputable lemon law attorneys in the Los Angeles area or reporting to consumer protection agencies.
Prevent future warranty issues by researching reputable dealerships, requesting pre-purchase inspections by independent mechanics, and ensuring transparency in warranty agreement terms.
If you believe that you purchased a lemon or the dealer and/or manufacturer is not honoring your vehicle warranty, contact the Law Office of Paul Mankin at 1-800-219-3577 for a free case evaluation.
by Paul MankinDid A Car Dealer Sell You A Vehicle That Has Been in an Accident?
Prior accident-damaged vehicle lawsuits are a critical area of focus for car buyers who have been defrauded by unscrupulous dealers. These legal actions help protect consumers from the financial and safety risks associated with purchasing a previously damaged automobile. In this comprehensive blog post, we will delve into the complexities surrounding accident-damaged vehicle lawsuits.
We will discuss the importance of avoiding such vehicles due to their reduced resale value, increased risk of malfunctions, compromised appearance, and weakened structural integrity. Furthermore, we will examine car dealers’ obligations regarding accident damage disclosure and how failure to comply can lead to fraudulent behavior.
In addition to identifying material vehicle accident damage that should be disclosed by dealerships, we will also explore strategies for proving dealer knowledge about pre-existing collision damage in court cases. Finally, our discussion on seeking legal assistance for accident-damaged vehicle cases highlights the importance of consulting specialized auto fraud attorneys and determining entitlement to monetary compensation.
The Importance of Avoiding Prior Accident-Damaged Vehicles
It is crucial for consumers to avoid purchasing accident-damaged cars and trucks due to several reasons. These vehicles often have reduced resale value, are more prone to malfunctions and costly repairs, may have ruined factory paint jobs that affect appearance, and potentially weakened structural integrity making them less safe.
Reduced Resale Value Due to Detectable Damage or Vehicle History Reports
Accident-damaged vehicles typically have a lower resale value because the damage can be detected either visually or through vehicle history reports. Buyers are generally willing to pay less for a car with a known history of accidents compared to one without any incidents.
Increased Risk of Malfunctions, Defects, and Expensive Repairs
Cars involved in accidents might develop various issues over time as a result of the collision. For example, damaged electrical systems could lead to malfunctioning components or even complete system failures. Moreover, the costs of mending these cars may not be clear initially, yet could be costly in the long run.
Compromised Appearance from Aftermarket Paint Jobs Wearing Differently Over Time
A vehicle’s factory paint job is designed specifically for its make and model. When an accident occurs and bodywork needs repair followed by repainting with aftermarket materials, this new layer will likely wear differently than the original finish over time resulting in an uneven appearance which further decreases its value.
Weakened Structural Integrity Affecting Overall Safety
- Dented frames: A car’s frame plays an essential role in maintaining its overall structural integrity during crashes. Accident damage can weaken the frame, making it less effective in protecting occupants during future collisions.
- Compromised airbags: If a car has been involved in an accident where the airbags deployed and were not replaced or repaired correctly, this could pose a significant safety risk to passengers. A properly functioning airbag system is vital for reducing injuries during crashes.
- Damaged seatbelts: Seatbelts are designed to keep passengers secure during accidents; however, if they have been damaged or improperly repaired after a crash, their effectiveness may be compromised. Ensuring that all seatbelts function as intended is crucial for passenger safety.
In lawsuits involving vehicle collisions, it is necessary to pursue damages from the driver responsible for the accident. Insurance companies may try to minimize the amount of compensation paid out, so it is crucial to have a car accident lawyer or attorney on your side. They can help gather evidence such as repair estimates, medical records, police reports, and lost wages to build a strong case and recover the compensation you deserve.
At Law Office Paul Mankin, APC, we help car buyers who have been defrauded by car dealers. If you have been sold an accident-damaged vehicle, contact us today to schedule a consultation with one of our experienced attorneys.
Key Takeaway:
Avoid purchasing accident-damaged vehicles as they have reduced resale value, are more prone to malfunctions and costly repairs, may have ruined factory paint jobs that affect appearance, and potentially weakened structural integrity making them less safe. Accident damage can weaken the frame of a car affecting its overall safety during future collisions. In car accident lawsuits, it is crucial to recover damages from the driver who caused the accident with evidence such as repair estimates, medical records, police reports, and lost wages gathered by a car accident lawyer or attorney on your side.
Car Dealers’ Obligations Regarding Accident Damage Disclosure
In the state of California, car dealers are legally obligated to disclose any known material facts about the vehicles they sell. This includes information about prior accident damage that could affect a vehicle’s value, safety, or performance. Failure to disclose such information constitutes fraud and is illegal in auto transactions.
Legal requirement for disclosure of known material facts on vehicles sold:
- California law mandates that car dealerships must be transparent with potential buyers regarding any significant issues related to the cars and trucks they offer for sale.
- This obligation extends not only to new vehicles but also used ones where previous accidents may have caused substantial damage.
- If a dealer knowingly conceals this type of information from a buyer and represents to the buyer that the vehicle was not in a prior accident, it can lead to severe legal consequences including fines and penalties as well as liability for damages suffered by the defrauded consumer (source).
Fraudulent behavior when lying about prior accident damage:
- Lying or providing false information about a vehicle’s history is considered fraudulent activity under California law.
- If you suspect that your car dealer has misled you regarding past collision damage during your transaction process, consulting with an experienced car accident attorney can help determine if there are grounds for pursuing legal action against them.
Importance of asking specific questions with witnesses present:
It’s important to ask specific questions about a vehicle’s history, including any prior accidents, when purchasing a car. Having witnesses present during the transaction can also be helpful in case of any disputes that may arise later on.
Identifying Material Vehicle Accident Damage
When assessing a used vehicle, any significant accident damage should be taken into consideration as it could affect the performance and safety of the car. To qualify as “material,” vehicle accident damage must be significant enough that a reasonable purchaser would consider it when deciding whether or not to buy the car or truck. In this section, we’ll explore how significant accident damage can affect your buying decision.
Frame/Unibody Construction Damage Considered Material
A damaged frame or unibody construction is one of the most critical issues you should look for in an accident-damaged vehicle. This type of damage can compromise the structural integrity of the car, making it less safe in case of another collision. Moreover, repairing such damages can be expensive and may not always restore the vehicle to its original condition.
Front-End Suspension Issues Indicating Serious Accidents
If a vehicle has front-end suspension problems, there’s a good chance it was involved in a serious car accident. Damaged suspension components can lead to poor handling and increased tire wear, which could result in further accidents down the road. It’s crucial to have these issues addressed before committing to purchase.
Expensive Repair Costs Revealing Severity Of Past Incidents
- Dented body panels: While minor dents might not seem like much cause for concern initially, they can indicate more severe underlying issues that may require costly repairs.
- Cracked windshields: A cracked windshield is not only a safety hazard but also an expensive repair, especially if it’s part of a larger pattern of damage from an accident.
- Bent wheels or axles: Bent wheels or axles can be signs of significant collision damage and may lead to alignment problems and uneven tire wear. Repairing these components can be quite expensive.
Current Operational Impacts Like Misaligned Wheels
If you notice any operational issues during your test drive, such as misaligned wheels or poor handling, this could indicate previous accident damage. Be sure to ask the dealer about any concerns you have and consider having the vehicle inspected by an independent mechanic before finalizing your purchase decision.
In summary, being aware of material damages in used vehicles is crucial for making informed decisions when purchasing a car. By identifying potential red flags like frame/unibody construction damage, front-end suspension issues, expensive repair costs, and current operational impacts like misaligned wheels – you’ll ensure that you’re getting the best possible deal on a safe and reliable vehicle.
Key Takeaway:
When buying a used car, it’s important to look out for material vehicle accident damage that could affect the car’s performance and safety. Material damages include frame/unibody construction damage, front-end suspension issues, expensive repair costs like dented body panels or cracked windshields, and current operational impacts such as misaligned wheels. Identifying these red flags can help you make an informed decision when purchasing a safe and reliable vehicle.
Proving Dealer Knowledge About Pre-existing Collision Damage
In cases involving undisclosed collision-damaged vehicles, proving dealer knowledge is possible by leveraging California’s civil discovery rules. Used car dealers are experts in inspecting and valuing used cars, so if they sell an accident-damaged vehicle without disclosure, it can be inferred that they either knew or should have known about the damage.
Dealers’ Expertise in Evaluating Used Vehicles
Car dealerships employ professionals who specialize in evaluating the condition of used vehicles before putting them up for sale. These individuals conduct thorough inspections to identify any issues with a vehicle’s mechanical components, paint job, and structural integrity. If a dealership sells a used car with undisclosed accident damage despite their expertise in assessing such vehicles, it raises questions about their honesty and ethical practices.
Using Civil Discovery Rules to Obtain Evidence of Dealer Knowledge
California’s civil discovery rules allow attorneys representing clients involved in car accident lawsuits to request documents from the opposing party during litigation. This process may uncover evidence showing that the dealership was aware of pre-existing collision damage but chose not to disclose this information during negotiations. Examples include internal repair estimates or invoices for repairs performed on damaged parts prior to selling the vehicle.
Inferring Dealership Awareness Based on Their Profession
- Prior Repair Work: If there is evidence that repair work has been done on certain areas of your car after an accident (such as mismatched paint colors), it could indicate that the dealership was aware of the damage and tried to cover it up.
- Vehicle History Reports: Dealerships often have access to vehicle history reports, which may reveal past accidents or damages. If a dealer neglected to reveal this data, they could be held accountable for their carelessness.
- Expert Testimony: In some cases, an expert witness like a mechanic or auto body specialist can testify that certain types of damage are easily identifiable by professionals in the industry. This testimony can help establish that the dealership should have known about the pre-existing collision damage.
In summary, proving dealer knowledge about undisclosed accident-damaged vehicles is possible through various means such as leveraging civil discovery rules and using expert testimony. By holding dealers accountable for their actions, consumers who were misled during car transactions can seek justice and recover compensation for any financial losses incurred due to purchasing damaged vehicles without proper disclosure.
Seeking Legal Assistance for Accident-Damaged Vehicle Cases
If you’ve purchased a collision-damaged car or truck with undisclosed material damages, seeking legal assistance from specialized auto fraud attorneys is crucial. They can help prove the dealer’s knowledge of pre-existing damage and determine whether you’re entitled to monetary recovery due to being misled during the transaction process.
Importance of Consulting Auto Fraud Attorneys
An experienced car accident lawyer can navigate the complexities of auto fraud cases and provide valuable guidance throughout the process. These professionals have in-depth knowledge about California laws related to accident-damaged vehicles, insurance companies’ obligations, repair estimates, medical records, lost wages calculations, police reports analysis, and more. Engaging an attorney specializing in this type of law boosts your prospects of obtaining recompense for any monetary losses stemming from buying a damaged vehicle.
Proving Dealership Knowledge Through Expert Legal Representation
Your chosen car accident attorney will use their expertise to gather evidence that supports your claim against the dealership. This may involve obtaining documents through California’s civil discovery rules which could reveal information about prior repairs or inspections conducted by the dealer on your vehicle before selling it to you. Additionally, they may work closely with automotive experts who can assess if there were signs indicating previous damage that should have been noticed by a competent professional.
Determining Entitlement To Monetary Compensation
- Economic Damages: If successful in proving dealership negligence or fraudulent behavior regarding undisclosed material damages, you may be able to recover compensation for economic damages such as repair costs, diminished vehicle value, and lost wages due to missed work.
- Non-Economic Damages: In some cases, you might also be eligible for non-economic damages like emotional distress or inconvenience caused by the dealer’s actions. These types of damages can vary depending on individual circumstances and are typically harder to quantify than economic losses.
- Punitive Damages: If it is determined that the dealership acted with malice or intentional misconduct in selling a damaged vehicle without disclosure, punitive damages could potentially be awarded as well. This type of compensation serves as a deterrent against future fraudulent behavior by punishing wrongdoers financially.
For the best odds of recovering damages in a car accident lawsuit, it is advisable to seek counsel from an accomplished auto fraud lawyer who has familiarity with California law and extensive experience handling similar cases. Don’t hesitate to reach out for legal help if you believe you’ve been defrauded by a car dealer when purchasing an accident-damaged vehicle.
Key Takeaway:
If you have purchased a collision-damaged vehicle with undisclosed material damages, seeking legal assistance from specialized auto fraud attorneys is crucial. An experienced car accident lawyer can navigate the complexities of auto fraud cases and provide valuable guidance throughout the process to help recover compensation for any financial losses incurred as a result of purchasing an accident-damaged vehicle. It’s essential to consult with an attorney who understands California law and has a proven track record handling similar cases.
FAQs in Relation to Accident-Damaged Vehicle Lawsuits
How Long Do Most Car Accident Settlements Take?
Car accident settlements typically take between 3 months to 2 years, depending on the complexity of the case and factors such as liability disputes, severity of injuries, and insurance company negotiations. However, some cases may settle within a few months if both parties agree on terms quickly. Learn more about settlement timelines.
Conclusion
Accident-damaged vehicles can cause significant problems for unsuspecting car buyers. From reduced resale value to compromised safety, the consequences of purchasing a damaged vehicle can be severe. However, by understanding dealers’ obligations regarding accident damage disclosure and identifying material vehicle accident damage, buyers can protect themselves from fraudulent behavior.
If you suspect that you have purchased an accident-damaged vehicle due to dealer fraud or misrepresentation, seeking legal assistance from specialized auto fraud attorneys is crucial. With expert legal representation, it may be possible to prove dealership knowledge about pre-existing collision damage and recover damages for lost wages, medical bills, property damages, and more.
If you were sold a vehicle that was in a prior accident, call the Law Office of Paul Mankin, APC at 1-800-219-3577 for a free case evaluation.
by Paul MankinAre You Receiving Harassing Collection Calls from Bed Bath & Beyond Credit Card?
If you’ve fallen behind on your payments to your Bed Bath & Beyond credit card, you may be receiving call after call to pay the debt. You’re in a stressful situation and the creditor doesn’t need to make it worse with harassment. Bed Bath & Beyond credit card accounts are handled by Comenity Capital Bank, which is known to violate consumer rights.
If you are the target of harassment by Bed Bath & Beyond, Comenity Bank, or a third-party collection agency, you should contact a debt defense lawyer right away. Law Office of Paul Mankin, APC is here to protect your rights and get the creditors to pay for their illegal actions. Call today at 800-219-3577 for a case consultation.
How Does Bed Bath & Beyond Violate Consumer Rights?
Bed Bath & Beyond’s credit card company, Comenity Bank, frequently violates consumer rights by harassing debtors who owe money. Even if you are behind on payments, you have rights. The Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), and California’s Rosenthal Fair Debt Collection Practices Act (RFDCPA) protect debtors from companies like Comenity Bank and Bed Bath & Beyond.
A debt collector may not:
- 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
Companies like Comenity Capital Bank and third-party collectors frequently violate the TCPA, FDCPA, RFDCPA, and other regulations. According to the Federal Trade Commission (FTC), they receive more than 200,000 complaints annually by debtors who have faced harassment by creditors.
If any creditor has used these tactics against you, you should contact a debt lawyer right away. Attorney Paul Mankin will review your case and ensure your rights are protected. Call 800-219-3577 for a case consultation.
The FDCPA Protects Consumers and Allows Compensation
The Fair Debt Collection Practices Act (FDCPA) regulates the actions of creditors towards debtors. Violations of this federal law should be reported to the Federal Trade Commission (FTC). The FDCPA prohibits abusive, deceptive, and unfair debt collection practices by companies like Comenity Bank. It also allows you to get monetary compensation if you’ve been harassed by a creditor or your rights were violated in some way.
You Can Also Get Money Under California’s Consumer Protection Laws
The Rosenthal Fair Debt Collection Practices Act (RFDCPA) is a California law that protects consumers. It attempts to force creditors to treat debtors fairly and honestly. The RFDCPA also allows debtors whose rights have been violated to collect monetary compensation. However, this law provides the potential to get money for emotional distress in addition to a statutory amount.
The TCPA Controls Actions of Telephone Marketers
The Telephone Consumer Protection Act (TCPA) addresses the actions of telephone marketers, which may include Comenity Bank and Bed Bath & Beyond. Under this law, the Federal Communications Commission (FCC) can make regulations protecting the rights of consumers. It also allows the FCC to create a Do-Not-Call list preventing harassing phone calls by telemarketers.
Why Is Comenity Bank Calling Me About My Bed Bath & Beyond Credit Card?
Bed Bath & Beyond is an American-based retail store that operates in the United States, Puerto Rico, Canada, and Mexico. They sell home goods for the bedroom, bathroom, kitchen, and dining room, as well as novelty items often seen on TV.
The Bed Bath & Beyond credit card is actually a line of credit offered through Comenity Bank. If you fall behind on payments, Comenity Capital Bank or their third-party collection agencies will likely contact you. These entities are known for harassing actions and often violate the rights of consumers.
How Does Bed Bath & Beyond Violate Consumer Rights?
Comenity Bank and their third-party collectors often violate state and federal laws when collecting debts for Bed Bath & Beyond. Their actions are illegal and can result in compensation for the consumer. Some of the actions Comenity Bank takes that violate these laws 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
Some of the communication by Comenity Capital Bank and their debt collectors are made by “auto-dialers” or “robocallers.” Automated messages and recorded voice messages are typically used in robocalls. You may be transferred to a live person, but you won’t likely be given the option to opt out of those calls. These calls often amount to harassment when they come day and night. Comenity Bank and the third-party collection agencies should pay for their violations of consumer laws.
How Much Money Can I Get for a Bed Bath & Beyond Credit Card Lawsuit?
If you’ve been harassed by creditors because of your debt to a Bed Bath & Beyond credit card, then you may be able to get compensation. State and federal laws allow you to get money for statutory damages (a specific amount detailed in the law), legal fees, and emotional distress. However, the exact amount you can get depends on the specific details of your case, including:
- How severely the creditor violated the laws
- How many times the creditor violated the laws
- Your other damages
You can get up to $1,000, court costs, and attorney fees under the FDCPA. However, California’s consumer protection law, the RFDCPA may allow you to get even more. It provides compensation for emotional distress caused by harassing creditors. Some consumers have even been awarded up to $300,000 for emotional distress.
You won’t have to pay attorney fees and court costs when you win your case. The defendant is typically ordered to pay those in a debtor harassment case.
A Bed Bath & Beyond Credit Card Harassment Lawyer Can Help
It is illegal for creditors and collection agencies to harass debtors. They should pay for these violations. Bed Bath & Beyond credit card, Comenity Bank, and their third-party collectors are known offenders.
If you’ve been targeted by these entities, you should contact a debtor defense lawyer to protect your rights. You can even get money to compensate you for your stress and other damages. Call Law Office of Paul Mankin, APC at 800-219-3577 to schedule a case consultation and get legal advice.