Looking to sue Comenity? Small claims court is an option, and you may have others…
At FairShake we’ve helped thousands of people ripped off by big companies like Comenity. And we’ve helped get millions of dollars in settlement offers…
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Have you tried getting a refund from Comenity but hit a dead end? Do you feel like you have nowhere to turn?
You’re not alone. From what we hear, a lot of people out there have tried all the Comenity and Bread Financial customer service options and still feel unheard.
There are lots of ways to bring a Comenity complaint, but none with the same power and leverage as bringing a claim through the legal system.
So where should you start if you’re looking to sue Comenity and its parent company, Bread Financial? You might think there would be tons of class action lawsuits against Comenity. But the truth is more complicated.
Unbeknownst to many, hidden clauses buried deep within their contracts grant companies like Comenity to force legal claims away from conventional courts and into the private realm of consumer arbitration.
But this doesn’t mean your Comenity contract can take away your right to pursue legal action by suing Comenity.
Here’s what you can do…
If you’re ready to sue Comenity in Small Claims Court, read on below:
Before you can sue Comenity in Small Claims Court, you have to make sure your claim qualifies. There are two main things you need to pay attention to:
If your claim doesn’t fall within the limits of your state’s Small Claims Court, you’ll likely have to arbitrate your claim instead.
You can’t just sue Comenity without giving them a heads up first. You have to ask them to fix the problem first before you can escalate to a lawsuit. So, before you sue Comenity, send them a demand letter.
A demand letter is a simple document, as short as a few sentences, telling Comenity who you are (your name, address, phone number and account number), what the problem is, and what you want from them.
If you would like examples of demand letters or more information about how to write them, you can find an excellent guide here. Just remember that you are checking a box before you file your actual claim, so the letter doesn’t need a lot of flourishes just needs to get the point across.
When you’re done writing, you need to mail a hard copy of the letter, preferably as certified mail or some other service that allows you to confirm delivery, to their legal address. According to our most recent research, Comenity’s parent Bread Financial is legally based in Delaware and receives mail at this address:
BREAD FINANCIAL HOLDINGS, INC.
c/o THE CORPORATION TRUST COMPANY
CORPORATION TRUST CENTER 1209 ORANGE ST
WILMINGTON, DE 19801
To get started suing Comenity in Small Claims Court, you’re going to need to fill out some paperwork. Every state has different forms they require, and some counties have their own additional forms too. So, check your state and local court websites to see what forms and documents you are required to complete. (Googling your county name and “Small Claims Court” will usually lead you to the right place).
Before you head to the courthouse, make sure you print enough copies: Many locations require that you bring three copies of your forms and, if you don’t bring enough copies, they won’t accept your claim.
When you’re done filling out the court forms, it’s time to give those forms to the court. This crucial process, called “filing”, sounds simple but it can present hurdles.
Many courts will require you to physically come to the courthouse during specific hours and days to hand-deliver the forms to the court’s clerk. Other courts may allow you to file by mail, fax or (increasingly) online.
Courts will also require you to pay a filing fee before they allow your to sue Comenity in Small Claims Court. This fee, the amount of which will be published on your court’s website, can sometimes be waived if your income falls below a certain level (known as a low income fee waiver). The court’s website or court clerk can tell you how to determine if you qualify for a waiver in your locality.
When you file your forms, the court clerk will provide you with a stamped copy of the forms and a court date. Keep it safe and bring it with you on the day of your hearing.
Now is when you tell Comenity that you are actually taking legal action. This is a called “serving” your lawsuit on Comenity.
To do this, you need to deliver a copy of your filed papers to Comenity. Look at your court’s website for instructions on how to properly deliver your forms to Comenity, or search for “[your state] small claims service of process”. Courts have many intricate rules about how to serve a defendant, and your claim can be dropped if you do not follow them perfectly. So be careful!
You will be given a court date by the court clerk (after you filed your forms), and this is the date of your hearing. Some courts may still be allowing online hearings following the Covid-19 pandemic, and if that’s true for your case the clerk is the one who can tell you. You have to go to the right courthouse (or online meeting room) at the right time with your copy of the filed forms.
Wherever your hearing is being held, make sure you have on hand any evidence you have that backs up your case against Comenity. Sometimes, Comenity will not show up to oppose you. If that happens, take advantage of the situation to focus on your side of the story.
The hearing is your time to shine: follow the judge’s instructions and tell them why you’re suing Comenity. If the judge agrees that you’re owed compensation, they will issue a ruling against Comenity.
Small Claims Court judgements typically are not appealable, so if the judge rules for you, then congratulations: you’ve won against Comenity in Small Claims Court!
If you win an award from your Comenity lawsuit, make sure you understand how and when the company is supposed to pay you.
Ready to sue Comenity in Small Claims Court?
If this sounds too hard and expensive, try consumer arbitration instead…
The Ultimate Guide to Consumer Complaints
Learn More