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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Neva
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Neva

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.

TrailDust
Admin
TrailDust

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?

truckjunkie
Guest

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… Read more »

Dave
Editor
Dave

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

CalGirl
Guest
CalGirl

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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lindarm
Guest

#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… Read more »

Anonymous
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Anonymous

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).
https://www.youtube.com/watch?v=nprv4A14WqE

Seumas
Guest
Seumas

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… Read more »

SDF
Guest

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

TPR
Guest
TPR

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: https://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,… Read more »

joandarc
Guest
joandarc

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.

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Sal
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Sal

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.