Here’s why you should NOT get a credit card from Capital One

Short answer:

Capital One recently updated its contract to its credit cardholders, which says the credit card issuer can drop by your home any time it pleases, without your permission. Not even the police or the IRS can do that without a warrant.

Capital One

Long answer:

David Lazarus reports for the Los Angeles Times, Feb. 17, 2014, that Rick Rofman, 71, of Van Nuys received Capital One’s contract update specifying that “we may contact you in any manner we choose” and that such contacts can include calls, emails, texts, faxes or a “personal visit . . . at your home and at your place of employment.”

Rofman was spooked by the visitation rights and observed that “Even the Internal Revenue Service cannot visit you at home without an arrest warrant.”

Doesn’t the 4th Amendment of the Constitution guard against unreasonable searches and seizures like what Cap One is claiming for itself?

Apparently not.

Daniel E. Kann, a Santa Clarita lawyer who specializes in illegal-search cases, says, “It sounds really invasive, but I don’t think it’s a violation of your 4th Amendment rights” because the amendment applies primarily to searches and seizures by law enforcement, not civilians. A credit card company, in theory, could reserve the right to visit your home or office without a court order.

However, Kann points out there are laws against harassment, not to mention stalking, and Capital One could be held accountable under such statutes if its visits can be construed as harassment.

But Capital One’s contract update includes another outrage: “We may modify or suppress caller ID and similar services and identify ourselves on these services in any manner we choose.”

That means Capital One can trick you into picking up the phone by using what looks like a local number or masquerading as something it’s not.

This is known as spoofing, and it’s perfectly legal. The federal Truth in Caller ID Act makes it a crime to use a phony number or caller ID message to commit fraud or cause harm to others. But it’s not against the law to engage in what courts have called “non-harmful spoofing,” which includes businesses wearing digital disguises to penetrate a consumer’s phone defenses. Such corporate spoofing is employed primarily by telemarketers.

~Eowyn

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0 responses to “Here’s why you should NOT get a credit card from Capital One

  1. There are other reasons to avoid Capital One. You can’t leave! I spent two years trying to cancel my card. They kept assessing an annual fee and then late charges on the annual fee, and, of course, negative reports to the credit bureau. I tried to sue and discovered that they are a foreign corporation and don’t even have a registered agent in my state. I could sue and serve the papers to the Secretary of State, but would have no way to collect.

     
    • Good grief! Thank you for your tip, Neva.

      I just looked up Capital One. Wikipedia says it’s “a U.S.-based bank holding company” — the 9th largest in the U.S. in total assets. “Its corporate offices are located in Tysons Corner, Virginia. By number of complaints filed with the United States Consumer Financial Protection Bureau, Capital One generated the most complaints of any credit card issuer from July 2011 until September 2013 when it was overtaken by Citibank.”

       
      • When I was having my dispute with Capital One, I looked it up on Wikipedia and it was then a foreign company. If it has merged, then it may have acquired a US address. I wrote and called and called and called to try to find their registered agent for service in Wyoming and they wouldn’t tell me.

         
  2. Spooky stuff Dr. Eowyn! I noticed a few years ago that Joe Biden helped to put laws in place that reduced bankruptcy protection. A real man of the people, that Joe. What’s next? Debtors’ prisons?

     
  3. My ex and I got a card from Capital One once back in the late 80’s. Our jobs were being cut back and we couldn’t quite make full payments,but we paid as much as we could. Though we mist making full payments by 10% or less each month,our balance increased by about 22% each month. Our calls and attempts to contact them went unanswered. We finally just gave up and quit paying at all. They turned us over to collection. We dealt with late night calls,threats etc. for nearly 4 years. They switched to a different collection agency,who carried on with the same harassment for 4 years. We thought,”Well maybe there’s a statute of limitations on this kind of thing,and indeed our Attorney said they could only go after us for-4 years,I believe. They were trying to skirt the law by changing collection agencies every three to three and a half years. They harassed us for the $420.00 for 16 years,adding various fees and charges as they went. They even demanded payment when I was getting the Mortgage to buy my family home when my Dad died. My attorney sent a check for the original amount,not including a couple thousand dollars in late fees etc. they’d tacked on. It came back undeliverable,so the account was finally cleared.

     
    • They finally gave up trying to collect from me and sent me an email that said, “Come back.” and offered me a “good deal” on a new card. I passed.

       
  4. They start showing up at people’s places of employment, especially in this economy, the lawsuits are going to get not a little expensive.

    -Dave

     
  5. So…if they want to play hardball….it said…as I read this…. “They can Pay a personnal visit your home or place of employment….’ IT DOESN”T SAY THEY CAN ENTER THE PREMISES WITHOUT A WARRANT OR BEING INVITED INSIDE. Stand firm everyone. Let them stand outside while you wave “hello” from the window. That’s a “visit,” right up to the front door/office door…but they can chat and visit on the doorstep OF YOUR HOME OR OFFICE, and turn around and go back.

     
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  7. #1. I only get my credit from my credit union. Capitol One would be the last on my list were I to consider another. @2. I never pick up on a call from soemone I don’t know. And I know my credit union would never call me to solicit info or contact me.that way. They can find you but they can’t force you to notice them. I say stay away from them.
    As for saying the police can’t even just drop by your house ; think again. There have been numerous cases in the news about police crashing in doors and raiding peoples’ homes mistakenly or otherwise.

     
  8. Beside the “What’s in your wallet, mother@#%&er?!” (pardon the editorializing) Samuel L. Jackson ads from Capital One… (many folk on YouTube have made worse versions in response, too).

     
  9. Personally I would advocate everyone avoiding credit cards altogether, and loans, they are engineered specifically to entrap a person in debt, and to utilize that mechanism for confiscating their property when they can’t pay, same the thing mafias do when a shop doesn’t pay them “insurance money” same thing the govstapo do when one can’t pay “property taxes”/”income taxes” etc. The businesses are strictly predatory, same as the banks, and no one should ever take out a credit card or a loan, doing so is a quick way to end up in a debt hole that one can never climb out of for the rest of their lives, and will likely pass on to children.

    Of course all these various names are simply one thing, houses of usury, and should be called as much on their business cards.

     
  10. I’ve found that it’s very effective to use a coach’s whistle on any kind of harassment calls, You know, the little metal whistle with a wooden ball in it. As soon as they identify themselves or state their purpose, you do your very best to take out their ear-drums. (It works even better if you whisper inaudibly at them before you blast, so they’re holding the phone really close to their ear and straining to hear you.) Good times…..good times. LOL

     
    • Oh man! I’ve gotta stop laughing, and breath…
      Hey SDF, have you thought of trying a boat horn? You know, kick it up a notch? 😀

       
  11. That is unbelievable re Capital One’s new sneaky pete tactics! Thanks for the warning. Thankfully I haven’t had one of their cards in decades. Talk about the Age of Deception re spoofing their ID-Caller-#! And coming to your home or job in person? No way! Just the threat of it in their new “terms” sounds like harassment. “Corporations Gone Wild!” Surely there’s a video about that… 🙂

    TruckJunkie: Next time consider the Fair Debt Collection Practices Act. You might find something in here that can help:
    http://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

    I learned about it late in life at Bud Hibbs site (now deceased, site no longer on the internet). He used to have either a TV or radio show out in the SouthWest I believe it was. He had a list at his site of the most notorious & horrendous debt collectors so you could know how low in the pond scum the collector you’re dealing with may be. He also had sample “Cease & Desist Letters” that mentioned the above law. What I remember from his site was basically that:

    –When your initial creditor turns the debt over to a 3rd party debt collector (not their own inhouse collectors), they have ALREADY written OFF your debt from THEIR account. Poof. It’s Gone!
    –The 3rd party debt collectors BUY those debts for pennies on the dollar from the original creditors.
    –Then those 3rd party debt collectors turn around & hound the debtors for decades even, because they get to KEEP whatever $$ they can bully out of you. Anything over & above “pennies on the dollar” is profit to them. They are out to make a buck for themselves only because they owe the original creditor NOTHING of what they reap from you.
    –These collection agencies are always buying & selling old debts between each other which is why you would get letters from different agencies over time.

    I had a credit card debt that was very old (it had long ago even dropped off my credit report as they only keep things for seven years) & I would get letters now & then from DIFFERENT collection agencies, always either proposing a lower amount to settle, or threatening worse things to happen, etc. etc. So I sent them a Cease & Desist letter (certified mail/return receipt requested) based on the sample letter at Hibbs site at the time, & it worked, as I have never heard a peep from them since, & that’s been several years now. Why pay those goons when your original creditor already wiped it off their books ages ago? The Cease/Desist Letter does have one important sentence, something to the effect of “I will deal with the ORIGINAL creditor ONLY re this matter.”

    Also, there was something about demanding they send you a COPY of the ORIGINAL debt before you will ever consider paying it. These companies never have copies of the original debt (I think they just buy debts “in bulk”) so you’re not like to get a copy from them, but that’s the whole point of asking for it: Put Up or Shut Up. 🙂

    From Section 805 of the Fair Debt Collection Practices Act:
    […]
    (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except —
    (1) to advise the consumer that the debt collector’s further efforts are being terminated;
    (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
    (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
    If such notice from the consumer is made by mail, notification shall be complete upon receipt.
    (d) For the purpose of this section, the term “consumer” includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.
    […]

    It’s too bad Bud Hibbs’ site didn’t stay online as it had a ton of great info. Everything people think about debt collectors is true. He had info about most all of them, how horrid they really are. There are a few complaints about Hibbs via google, but I never dealt with him personally. I just read his site, learned about the above law, & used his C&D letter sample which worked, so I am grateful to him for that.

    DISCLAIMER: This is not legal advice. I am not an attorney. 🙂 Do your own research & seek professional advice if necessary.

     
  12. Thank you Dr. Eowyn for this interesting post. It is my opinion that any such person visit by a creditor to someone’s home without the permission of the debtor, or any other such persistent communication that is harassing in nature, is against the federal Fair Debt Collection Practices Act.

     
  13. Pingback: Capital One says it can show up at cardholders’ homes, workplaces – Los Angeles Times | Home Grown News Media

  14. Samuel L Jackson is a far left activist. I am in the process of canceling my card. Besides the new card I applied for give back 2 percent on every purchase as compared to l.5 percent at Capital One.

     

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