by Paul MankinComenity Bank is at it Again- Harassing Consumers to Collect a Debt
In March of 2017 a Chicago woman filed a class action suit against Comenity Bank for making repeated and harassing calls to her cellular phone, using an automatic dialer, in violation of the Telephone Consumer Protection Act (TCPA). The woman alleges in her complaint that the repeated calls caused her to incur charges and continued after she requested that they stop. The suit was filed in the Northern District of Illinois and has been certified for class action. This is not the first time Comenity Bank has been sued for violations of the TCPA; in 2014 the company settled a class action suit filed under the TCPA for $8.5 million. Another suit, filed in the Southern District of Illinois by Cathy Castic in March of 2019, alleges that the company is still using automatic dialers to harass consumers and that it called her no less than 500 times over a period of seven months. This lawsuit was settled shortly after it was filed. Suits have also been filed against Comenity Bank for violations of the TCPA in West Virginia, Pennsylvania, and California.
The TCPA is a federal act passed in 1991 to restrict the use of automatic dialers and artificial or pre-recorded voice messages. Automatic dialers, otherwise known as robocallers, can only be used to call consumers who have consented to the calls and they must provide an automatic opt out mechanism during each call. The Eleventh Circuit Court of Appeals expanded a consumer’s right to revoke their consent to being called by robocallers when it issued its opinion in Emily Schweitzer v. Comenity Bank. The Court found here that a consumer may partially revoke consent by asking a company not to call them during certain hours, such as when they are at work. Ms. Schweitzer sued Comenity Bank when its automatic dialers placed over 200 telephone calls to her cellular phone over a five month period after being asked not to call her during work hours.
Who is Comenity Bank?
Comenity Bank is not actually a bank. It is a company that offers credit cards for retailers such as Abercrombie & Fitch, Jared, and Victoria’s Secret. If a consumer defaults on their credit card payments, the company begins calling them to collect on the debt. The company is headquartered in Columbus Ohio and has been operating since 1989. The Better Business Bureau (BBB) has receive over 2,300 complaints about the company in the last three years. A large majority of the complaints allege that the company misapplied or lost payments made by consumers on their credit cards.
Is Comenity Bank Calling You?
Is Comenity Bank harassing you in an attempt to collect a debt? Contact our office for a free, no obligation case review at 1-800-219-3577.
by Paul MankinAmericans are Drowning in Debt, and the Debt Collectors are Loving It!
Americans are Drowning in Debt, and the Debt Collectors are Loving It!
No one should live in fear of the telephone ringing, but many Americans do, and a growing number of outrageous debt collectors love it! With soaring healthcare costs, student loans being at their highest level ever and credit card balances rising at an alarming rate, Americans are drowning in debt. And with this mountain of debt come the debt collectors. Past due medical bills, delinquent mortgages, and over the limit credit cards are worrisome, but when the collection calls start, that worry and can reach a whole new level.
Imagine answering the phone to someone cursing at you, calling you names, and threatening to have you arrested and put in jail, in an attempt to bully you into paying a bill you do not have the money to pay or do not even owe. In its segment Outrageous Calls from Debt Collectors, ABC News report reveals several debt collectors doing just that. In the report, one collector actually showed up on a consumer’s doorstep and then became enraged when he failed to answer the door. Watch the segment to hear his unbelievable attempt to collect on a debt.
Another ABC segment about debt collectors, When a Stranger Calls, included more real calls from debt collectors; this time the collectors are impersonating law enforcement officers and telling consumers they are “going ahead with the warrant”. One collector was even recorded threatening to murder the consumer if he did not pay his bill. The report features a debt collector who claims to “mostly” work within the bounds of the law. When asked about the way he phrased the legality of his collection attempts, John Anderson said that while he was not allowed to call a consumer after 9:00 p.m., he might push it a little and call at 9:15 p.m. However, ABC uncovers something much more sinister in Mr. Anderson’s debt collection practices.
Debt collector’s and creditor’s behavior does not have to rise to the level of outrageousness that that is featured in these two reports in order to violate the law. The Fair Debt Collection Practices Act (FDCPA) and the Rosenthal Fair Debt Collection Practices Act (RFDCPA) were created to help ensure that debt collectors and creditors do not resort to the abusive practices seen in these two ABC features. The two Acts prohibit debt collectors and creditors from using abusive and unfair practices in order to collect on a debt. This specifically includes:
- Calling a consumer before 8:00 a.m. or after 9:00 p.m.
- Using profane language
- Threatening to do anything illegal
- Impersonating a law enforcement officer
- Using language that is abusive or threatens to harm a consumer or his/her property
- Repeatedly calling a telephone number
- Falsely implying that failure to pay a bill will result in arrest
This is not an all inclusive list. If a creditor or debt collector is harassing you, click here or more information about what is prohibited by the FDCPA and RFDCPA.
by Paul MankinWhy Is Los Angeles The Worst City For Renters?
On behalf of Law Office of Paul Mankin on Monday, July 30, 2018.
As a renter, you want to be sure that you are getting a good deal and safe living arrangements when you sign a lease for a home or apartment. Imagine the frustration of paying exorbitant rent rates for subpar living conditions. This is exactly what many residents in Los Angeles, California are dealing with, and it is one of the reasons why the city has topped Forbes’ list of worst cities to rent in for 2018.
If you are paying rent for a home that is uninhabitable, you might be wondering what your legal rights as a tenant are. Many landlords in Los Angeles overlook housing code violations and continue charging rent so high that it eats up most tenants’ income. There are three specific reasons why LA is a bad place for renters:
1. Low vacancy rates
At the end of the day, vacancy rates are one of the most important factors in determining the power dynamic between landlords and tenants. In cities with high vacancy rates, landlords must be more accommodating to attract the renters they need to fill units. Los Angeles has a historically low vacancy rate, though, which means that renters are the ones who must be willing to compromise.
2. Poor living conditions
Because there are always tenants seeking housing in Los Angeles, there is little incentive for landlords to invest in necessary maintenance and upgrades on their units. With so many transplants seeking apartments, landlords know that they can rent subpar housing at high rates with little repercussion. This problem can lead to poor living conditions and illegal housing code violations, though.
3. High cost of living
Rent is not the only expense that Angelenos must contend with. Utilities, groceries and other various living expenses are also part of the budget that you must deal with. Much like rent, these expenses are likely to be higher in Los Angeles than in other areas. Simply put, the city has a higher cumulative cost of living, and the result puts even more stress on residents trying to make ends meet.
by Paul MankinEverything You Never Wanted To Know About Bedbugs
On behalf of Law Office of Paul Mankin on Wednesday, June 27, 2018.
Bedbugs. What a revolting thought. Do you have them in your California home or apartment? Before you answer with an emphatic “no,” be aware that you could have a bedbug infestation without even knowing it. The Centers for Disease Control and Prevention reports that bedbugs are on the rise in America.
These tiny pests range in size from nearly microscopic to less than a quarter inch in length. Assuming you can see them at all, their color is reddish-brown, they have no wings, and they are very good at hiding, particularly in and around the places you sleep such as in your mattress or bedding seams, your box springs, your bed frame, your headboard’s and night stand’s cracks and crevices, behind your wallpaper or in any other object or clutter around your bed.
Bedbugs live on human blood, but they can survive for months without satisfying their Dracula-type appetites. Your risk of receiving a bedbug bite – or dozens of them – is highest if you live or spend time in one of the following:
- An apartment
- A rooming house
- A shelter
- A hotel, motel or resort
- A dorm room
- A cruise ship
Bedbugs and disease
While bedbugs do not carry or spread diseases, many people are allergic to their bites. Not only can you have a serious allergic reaction to a bedbug bite, if you constantly scratch the itch one produces, you could wind up with an open infected wound.
Bedbug infestation signs
The biggest tipoff that you have a bedbug infestation is if you wake up in the morning with one or more tiny red bite marks on your body, especially on your face, neck, hands or arms. Be aware, however, that these bite marks often do not appear until as long as two weeks after you received your bite(s). Other tell-tale bedbug signs include the following:
- Tiny critters in the folds of your sheets, pillow cases, comforter or bedspread
- Tiny exoskeletons in seams or cracks when the bedbugs molt
- Tiny blood spots on your bedding or mattress that come from bedbug excretions
- A musty sweetish smell around your bed
Bedbug extermination
Given that you and your family can bring bedbugs into your home in the folds and seams of your clothing, hats, purses, bags, attache cases, etc., especially if you ride a bus or commuter train to and from work, normal cleaning and vacuuming will not get rid of them. You or your landlord must call in a professional exterminator to spray the area with an insecticide.
by Paul MankinSigns Of Lead Paint Exposure In Your Apartment
On behalf of Law Office of Paul Mankin on Monday, June 4, 2018.
Lead paint is a serious health hazard. According to the EPA, millions of homes and buildings have harmful lead paint. If you live in an apartment built prior to 1978, you may suffer from lead paint exposure.
Inhaling lead dust or ingesting lead paint chips may result in severe health complications. This is especially a concern if you have young children. Here are some warning signs you may be living in an apartment with lead paint.
Signs of lead paint
If your apartment is older, you should immediately determine whether it has lead paint. The walls or woodwork in your apartment may be detrimental to your health. Even if the original lead paint was painted over, there may still be a risk. If the fresher coat of paint starts to chip, crack or peel, you may suffer from lead poisoning.
Symptoms in adults
Some signs of lead poisoning in adults include the following:
- Pain in joints and muscles
- Memory loss
- Difficulty concentrating
- Abdominal pain
- Headaches
- High blood pressure
- Mood disorders
If you have any of these symptoms, make sure you tell your doctor.
Symptoms in children
Lead poisoning is more serious in kids. Here are some of the most common symptoms:
- Learning difficulties
- Delay in development
- Loss of appetite
- Irritability
- Weight loss
- Vomiting
- Constipation
- Fatigue and sluggishness
- Seizures
- Hearing loss
Of course, you should consult your pediatrician if you notice any problems with your children. If you see your kids eating paint chips, make sure you seek medical help for them.
Even tiny amounts of lead may have health consequences. If you rent, your landlord should notify you of any lead paint in the apartment. Your landlord should also do whatever it takes to protect you and your family from lead poisoning. If your landlord is negligent in notifying you about lead paint or failing to mitigate the risks, you may be able to file a lawsuit against him or her.
by Paul MankinThe Dangers Of Residential Water Damage
On behalf of Law Office of Paul Mankin on Tuesday, May 29, 2018.
As a tenant, you are responsible to inform your landlord when a leak occurs. However, it is the landlord’s responsibility to repair the leak immediately. Failure to do so right away can lead to serious water damage in your home.
Plumbing issues can cause more than just a high water bill or a flooded bathroom. They also can result in major property damage and health hazards. If your landlord does not fix the problem, you can hold him or her legally accountable for any injury it causes you.
Personal property damage
In the case of flooding, the water will ruin your personal belongings. Waterlogged items are usually not salvageable due to material or health risks, or they may be very expensive to restore. Instead, you would need to buy new things.
Structural compromise
Often, leaks are not readily apparent. They can occur unknowingly inside the walls and beneath the floors. Over time, the water can weaken the structure of the building, making it unsafe to live in. It also can loosen, dampen, stain or damage in any other way water fixtures and cabinets.
Health risks
Plumbing problems put your health at risk in two ways. First, the water may carry germs in it, such as in the case of the sewage backing up or a toilet overflowing. Second, the continual presence of water helps mold and mildew to grow in the moist area. Mold and mildew are fungi that harm your health, with toxic mold being the most dangerous. You can experience an allergic reaction, respiratory issues or changes in mood, such as depression. Babies can develop asthma from constant exposure.
Signs of leaky plumbing
When a leak is not obvious, look for the following signs:
- Stains on the walls, floors or ceiling
- A musty smell
- Loose tiles or curling vinyl flooring
- Puddles on the floor
- Unusually high water bill
- Ticking water meter even when no water is in use
If you notice these signs, call your landlord right away.
by Paul MankinCan You Legally Break Your Lease?
On behalf of Law Office of Paul Mankin posted in blog on Friday, April 27, 2018.
If you signed a lease when you moved into your California home or apartment and now find that you must move even though your lease term still has several months to go, you probably wonder if you can legally break your lease. The answer is yes, but only under certain circumstances.
Bear in mind that having a valid reason for breaking your lease is not necessarily the same as having a legal reason to do so. For example, if you must relocate because of your job, that is a valid reason to move, but not a legal reason to break your existing lease. Without a legal reason, your landlord can continue to charge you for each remaining month’s rent and does not have to return your security deposit. If you simply move out without giving a reason, and giving your landlord the opportunity to fix any problems that exist in your home or apartment, you face the possibility of losing your deposit and paying potentially substantial amounts for a dwelling in which you no longer live.
How legal is your lease?
Before resigning yourself to remaining where you are, carefully reread your lease. It is possible that your lease never was a valid one. Check to see whether or not it contains the following:
- A specified beginning date and end date
- A list of responsibilities that your landlord must assume
- A list of responsibilities that you must assume
If your lease contains no end date, it is not a legal lease. In addition, if it does, but that date has passed and you are still living there, you are not currently living under a lease, but rather under a month-to-month tenancy. If this is the case, you have no lease to break. All you need do is give your landlord 30 days’ notice that you are moving.
Did your landlord breach the lease?
A lease is like any other contract. It must spell out what each of you agreed to do during the lease term. For instance, most leases say that your landlord will provide the stove, refrigerator and other specified appliances, but that you will pay the gas and/or electric bills you incur for their usage. If your refrigerator has stopped working and your landlord refuses to repair or replace it, (s)he has breached the lease and you have a legal reason for moving early without penalty.
Whether or not your lease talks about habitability, you have the legal right to live in a home or apartment that is, in fact, fit for human habitation. Under California law, your landlord cannot force you to live in or pay rent for a building or unit that does not meet housing code requirements. Housing code violations are one of the most common reasons why tenants can legally break their leases.
by Paul Mankin3 Options To Consider If Your Landlord Is Not Making Repairs
On behalf of Law Office of Paul Mankin posted in blog on Saturday, March 31, 2018.
As a renter in California, you deserve a habitable rental unit. Your landlord has legal responsibilities for making necessary repairs and maintenance. If your apartment is unhealthy or unsafe and your landlord refuses to resolve the issue, you probably feel angry and are wondering what you should do.
Thankfully, California laws provide you with various actions to take against a negligent landlord. Here are the remedies you should consider if you are dealing with an unresponsive landlord.
1. Withhold rent
You may be able to stop paying a portion or full amount of your rent if your landlord is not fixing severe defects. According to the State of California Department of Consumer Affairs, here are some apartment defects that may justify withholding rent:
- Lack of heat in multiple rooms
- Consistent infestations of mice, rats or cockroaches
- A collapsing ceiling
- Exposed and faulty wires
- A dangerous stove that was illegally installed
- Plumbing blockages
In order to take the rent-withholding route, there must be severe health or safety violations. Before you stop paying rent, read about your other options below and consult with an attorney.
2. Repair and deduct
If the conditions in your apartment are not as serious as the ones listed above, you may have the ability to deduct a certain amount from your rent to recover repairs. Some conditions that may lead you to take this step include no hot water, a gas leak or a leaking roof when it is raining.
3. File a lawsuit
Another option is for you to sue your landlord. You can pursue a lawsuit without even trying other remedies first. If your landlord fails to resolve serious habitability defects in a timely manner, you may be able to take him or her to court. However, you must meet certain standards for your situation to warrant a lawsuit, such as getting a housing inspector to investigate the habitability issues.
Before you move forward with any of these actions, make sure you talk to a lawyer to figure out your best option.
by Paul Mankin3 Signs Your Apartment Is Unlivable
On behalf of Law Office of Paul Mankin posted in blog on Monday, March 5, 2018.
Is your apartment uninhabitable? California rental laws require apartments to suitable for humans to live in, free of hazards that put the safety and health of occupants at risk. Landlords are legally responsible for making rental units livable, conducting repairs throughout the rental term and maintaining the premises.
Is your landlord not holding up his or her end of the agreement? Here are some signs your apartment is uninhabitable.
1. Mold
One environmental hazard that may make your rental unit unlivable is mold. Mold may cause significant health problems, including:
- Asthma
- Nausea
- Rashes
- Fatigue
- Cognitive problems
Mold appears in various places and may take various colors and smells. It may be present in paneling, fabric, ceiling tiles, paint, under floors or hidden behind walls. Mold may be green, black, white or gray. Some types of mold have a putrid scent while others may go unnoticed for a long time.
2. Pests
No one wants to live in an apartment with any pests, such as:
- Cockroaches
- Rats
- Mice
- Bedbugs
When any of these creepy crawly or furry friends are in an apartment, they can wreak havoc. Pest infestations can result in serious health issues. No one wants bugs crawling around or rodents leaving droppings everywhere.
3. Lead paint exposure
The paint in your apartment may be poisoning you. If your apartment contains any lead paint, you may breathe it in and deal with severe health problems. Symptoms of lead poisoning include difficulty with concentration, irritability, joint pain and abdominal pain. Lead poisoning is especially a concern if you have any children or pets. Kids and animals may swallow lead paint chips and suffer catastrophic consequences.
If you are dealing with any of these safety violations in your apartment, the good news is that the law protects you. Hold your landlord responsible. Talk to a consumer protection attorney about what you can do to make your apartment a livable environment.
by Paul MankinAre You Afraid Of Landlord Retaliation?
On behalf of Law Office of Paul Mankin posted in blog on Wednesday, February 28, 2018.
Many people live in conditions that are untenable. For example, a landlord might do nothing about a bedbug infestation, broken door and leaky toilet. As a result, the tenants deal with a lot of stress and worries about their health and safety. Even friendships can suffer when children do not want to bring their friends over to the house or apartment. In such situations, it is natural for a tenant to want to bring a landlord to court to force the issue.
However, what stops many is the fear of landlord retaliation. The apartment or house may be in conditions considered unlivable, but “at least” it is somewhere to go. It is a roof over your head. If a landlord retaliates, you and your children could be living out in the streets. The good news is that a landlord should not be able to retaliate, and the law is clear and strict on this issue.
Half a year
California law actually assumes that a landlord is acting in a retaliatory manner if he or she tries to evict you within six months of you filing a lawsuit or making a complaint. However, there can be exceptions to this rule. For example, you must have been paying your rent. That said, the default assumption falls squarely on your side, that the landlord is trying to get back at you for exercising your rights. It is up to the landlord to prove that is not the case, which is often difficult.
Going further, if your landlord is trying to retaliate against you and you are able to prove that in court, you could collect damages under the Fair Employment and Housing Act.
Of course, six months is half a year, and that may not seem like much when time passes in the blink of an eye. It does give you a window of opportunity to find another housing situation, and no matter the time frame, a lawyer consultation may clarify your options going forward.