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Capital One’s New Contract Sounds a Little Scary

  • Feb 28 2014

Capital One surprised its credit card customers with a contract update that included some new, and weird, terms and conditions. The new information was conveyed with bizarre and seemingly menacing language that notified customers Cap One could, basically, stop by any time.

The amended contract states that the bank “may contact you in any manner [they] choose.” The contact could be a call, text, email or a “personal visit” which can be “at your home and at your place of employment,” the Los Angeles Times reported.

Capital One maintains that it’s within its rights to issue this sort of contract, and to visit customers whenever and wherever it chooses. The 4th Amendment of the Constitution guards against unreasonable searches and seizures.

So are Capital One’s collection practices legal?

Although invasive, this isn’t a violation of your 4th amendment rights.

Under California law, a creditor or collector can’t contact you once they find out you have legal representation. Credit card collection harassment can be a scary experience, and it’s illegal for collectors to attempt to collect a debt in a manner that is abusive, deceptive or unfair.

According to a Capital One spokeswoman, the bank may be open to further amending the contract, as it is “reviewing this language.” The contract is legally enforceable, whereas the representative’s word is not, so it’s up to Cap One credit card holders to decide which one to believe.

Do you want creditors to stop contacting you today?

The very first line of the Federal Harassment Law (the FDCPA) states: “There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors.”

We have a solution to your collection issues: the quickest and easiest way to get calls and mail to stop is to find legal representation. Fitzgerald Campbell will represent you for a low monthly fee of $10. We’ll immediately advise the creditor/collector to stop trying to contact you in any way. If you are being continuously contacted or harassed by a debt collector and live in California, don’t hesitate to contact us. We’ll give you personalized attention and guidance for your particular situation, give us a call at (866) 927-8289.

Posted in: Collection Harassment