Capital One Now Makes House-Calls Says It Can Show Up At Cardholders' Homes, Workplaces - NEWSWATCH | NEWSWATCH





Capital One Now Makes House-Calls Says It Can Show Up At Cardholders’ Homes, Workplaces

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(David Lazarus)  Ding-dong, Cap One calling. Credit card issuer Capital One isn’t shy about getting into customers’ faces. The company recently sent a contract update to cardholders that makes clear it can drop by any time it pleases.

The update specifies that “we may contact you in any manner we choose” and that such contacts can include calls, emails, texts, faxes or a “personal visit.”

As if that weren’t creepy enough, Cap One says these visits can be “at your home and at your place of employment.”

The police need a court order to pull off something like that. But Cap One says it has the right to get up close and personal anytime, anywhere.

Rick Rofman, 71, of Van Nuys received the contract update the other day. He was spooked by the visitation rights Cap One was claiming for itself.

“Even the Internal Revenue Service cannot visit you at home without an arrest warrant,” Rofman observed.

Indeed, you’d think the 4th Amendment of the Constitution, which guards against unreasonable searches and seizures, would make this sort of thing verboten.

Apparently not.

“It sounds really invasive, but I don’t think it’s a violation of your 4th Amendment rights,” said Daniel E. Kann, a Santa Clarita lawyer who specializes in illegal-search cases.

He explained that 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, Kann said.

But he emphasized that there are laws against harassment, not to mention stalking, and Cap One could be held accountable under such statutes if, say, it took to inviting itself over for dinner or hanging around your cubicle.

Incredibly, Cap One’s aggressiveness doesn’t stop with personal visits. The company’s contract update also includes this little road apple:

“We may modify or suppress caller ID and similar services and identify ourselves on these services in any manner we choose.”

Now that’s just freaky. Cap One is saying it can trick you into picking up the phone by using what looks like a local number or masquerading as something it’s not, such as Save the Puppies or a similarly friendly-seeming bogus organization.

This is known as spoofing, and it’s perfectly legal. As I’ve written before, 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. It’s weird, to say the least, for this practice to be so publicly adopted by a major credit card issuer.

Emily Rusch, executive director of the California Public Interest Research Group, a consumer advocacy organization, said it’s especially troubling for Cap One to declare itself a spoofer as people grapple with recent security breaches involving Target, Neiman Marcus and other businesses.

“Now more than ever, consumers need to be able to trust companies,” she said.

So what does Cap One have to say?

Pam Girardo, a company spokeswoman, told me that Cap One isn’t quite as much like Glenn Close in “Fatal Attraction” as the company’s contract lingo might suggest.

“Capital One does not visit our cardholders, nor do we send debt collectors to their homes or work,” Girardo said.

The exception to that, she said, is when it comes to big-ticket sporting goods. Cap One has partnerships with makers of gear like Jet Skis and Snowmobiles.

“As a last resort, we may go to a customer’s home after appropriate notification if it becomes necessary to repossess the sports vehicle,” Girardo said.

So Cap One is saying it’s more “Repo Man” than “Fatal Attraction.”

I asked Girardo about the spoofing. What’s up with that?

“Actually, we want our calls to display as Capital One on caller ID, and that’s the way they are programmed,” she replied. “However, some local phone exchanges may display our number differently. This is beyond our control, and we want our cardholders to be aware of that potential occurrence.”

That’s not what the contract update says, though. It says, ominously, that Cap One can “modify or suppress” people’s caller ID capabilities and identify itself “in any manner we choose.”

But let’s give Cap One the benefit of the doubt. Let’s accept that the company isn’t as menacing as it sounds.

That raises the question of why Cap One is sending out this bizarre contract language in the first place rather than explaining in plain English, as Girardo did, what its true intentions are.

Girardo said only that Cap One is “reviewing this language.” I take this as an indication that, now that a little sunlight has been applied, the company is not as comfortable as it previously was with behaving like a total psycho.

In the meantime, cardholders can make up their own minds. Do they want to believe the non-binding explanations of a company representative or the legally enforceable language that’s currently in their written contracts?

And while they’re pondering that, they may want to watch out for bunnies boiling on the stove.

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  • J Blair

    4th amendment is a red herring – they forgot about a little thing called trespassing on private property.

  • TenMegaton

    Come on, but my representative is rather unpleasant and speaks only German.

  • THOMASDISHAW

    Capital One will show up with the Sheriff and throw you in a debtors prison if you default on your slave payments….here it comes

    • Defiant

      LMFAO! It’s YOUR choice! If you don’t want to make “slave payments” don’t borrow money from them!

    • Eileen Kuch

      I’m with King Lear; the Castle Doctrine trumps whatever Capital One may do; and, fyi, there are NO debtors prisons here. They went out with the US Constitution.

      • Eileen Kuch

        I mean replaced by the US Constitution.

  • fingeronthetrigger

    Show up at your own risk Capital One. We the people will bar you from entering our homes by force if necessary Please don’t stick your hand or nose in the door it will slam shut and that will not feel so nice……

  • THOMASDISHAW

    they will feal the backlash on this one

  • http://www.youtube.com/user/ghosty426 Hughy Lewis

    Tis a shame debt slaves still borrow money from high interest usuary loan sharks.

    • Dante Matterson

      Ain’t too far a stretch to include Obamacare to that line of reasoning ;)

  • BurtGummer44

    2nd Amendment trumps any in person harassing by vulture bankers and their toadies; especially her in Alaska. They better come heavy, or don’t come at all.

    • mr_bellows

      awesome

  • Ranger_Ric

    Here is something that trumps your contract language cap1, its called the castle doctrine in this state and it means I only have to ask you to leave nicely once.

    • iceboxjones

      Castle doctrine states you don’t have to do anything in my state.

      • Ranger_Ric

        That depends. You don’t have to do/say anything if you perceive a threat. There is a difference between someone breaking into your garage and someone knocking on your door though.

        You can have no trespassing signs up and you still can’t just shoot someone for knocking on your door. Now if they don’t comply after telling them to leave, I would consider that a threat to my person or property and deal with it accordingly.

  • Larry Lane

    I’ll make sure I never ever get a Cap One card

    • iceboxjones

      Any for that matter, I have one and never use it.

  • King Lear

    Apparently these idiots have never heard of the Castle Doctrine.

    • iceboxjones

      And concealed carry.

  • Michael Sievers

    Just send Cap One a contract addendum that allows you to use the corporate jet and that your limit is one billion dollars and that your APR is -25% so they have to pay you for spending money. That should fix things…

  • scs2000

    Come on by, My Rottie would love you as a snack!

  • Scot Hickerson

    Card holders need to put up do not trespass signs on their personal homes that way they can charge the Capital one jerks with trespassing when they show up.. If you own a gun answer the door with it in your hands.. I would sue their ass if they show up at your work.. they will only mess with the one who gives in and puts up with their crap just like every other bully.. .

  • iceboxjones

    This will go so far as to the first idiot that disturbs the peace and privacy of a residence and that person is carried away in a bag.

  • dan

    the borrower is the slave of the lender…sign those agreements :
    ALL RIGHTS RESERVED

  • jeannonkralj

    I wish all the people over the years could tell their stories with this hideous company, Capital One. I wish people would find a way to get completely out of Capital One accounts NOW. It won’t be easy because even when you pay them off in full and request account closure, they try to say you have not paid them off and they will not close your account no matter how many times you request it.

    I always paid them more than required payment, never ran high balances, and always paid on time. Still they claimed they did not receive one payment and hit me with a large fee and they called my home continually every day for various reasons, most sales / telemarketing of products.

    I finally gathered some names and information and sent a lengthy registered letter to the head of the Senate banking committee, several U.S. senators and congress members and that did the trick. They closed my account, handled it all in writing, and stopped calling.

    • Arno Krause

      I also have a Capital One card branded under the GM Card name. Because of sudden unexpected medical,dental and home and car repairs, I had to run a balance of $3800. For the first six months my minimum payment was $34. Seven months later, it was $75, then inching up to $80 per month. When it hit 75, I called them to find out why I was being charged what I considered a penalty rate. I was told…”thats the way it is”…no other explanation. My statement said that I was being charged 13 % interest on the balance. When you make a 100 dollar payment, and 41 dollars is subtracted from that payment to be applied to interest, every month, it sure seems to me that I am in effect paying an interest rate of at least 40%. I suffered under this yoke until I was given an opportunity to take out a fixed rate loan for 5 years to pay off Capital One from a different bank at 8%. The Capital One loan would have taken 15 years to pay off.

  • Tosheba

    “It sounds really invasive, but I don’t think it’s a violation of your 4th Amendment rights,” said Daniel E. Kann, a Santa Clarita lawyer who specializes in illegal-search cases.” He specializes in illegal-search cases? Really? From where did he receive his degree; a Cracker Jack box? The social engineering never ends; they just keep shoving more garbage down our throats disguised as ‘fact’. Don’t ask me what’s in my wallet, I might just tell you.

    • LordPeckerwoodFour

      they can show up and ring my bell…

      and I can ignore them

  • Target NonrecombinantCompliant

    I’d use every opportunity with non hostel friendly visitors who just show up or call without date or notice as an opportunity to educate them something the trickery of the Devil is doing and how they are being played as a patsy.

    For example when the polite US Census Bureau old man showed up to GPS my families off grid camp that sat empty of people and activity for over 30 years. So he could GPS my local for HAARP “silent weapons of quiet wars”,mind control” and reeducation that is more then backfiring on them all here is what I did.
    After his small talk and interest of my dogs. He asked with enthusiasm if I ran them. I told him I had a couple of dog sleds for various purposes and his eyes lit up. I asked him if he would like to see them. And so we established something between us almost immediately even though he could have been a mole,troll and informant.
    Then once I established some trust and that they were who they said they were and not out to harm me but,”just doing a job”. I invited him in my place to sit and chat a bit. He did and I showed him all the information on free press websites. Normally I’d tell them about Jesus first but this time I didn’t for some reason. Then I shared with him about NDAA indefinite detention of American citizens no charge,no crime,no proof, no judge and anybody could just be “disappeared” if they were deemed an enemy of the state or tied to 911 for any reason or non at all. I had a captive audience at that point and so I continued. I told the Census Bureau man that he was putting his life on the line every time he just showed up at someones place without any prior notice by letter because of Obama signing NDAA and making law in all of America. So we were able to establish why someone at any place in America could pull a weapon on him and possibly do him physical harm even though he was,”just doing his job” and why. He wanted all the information to look up. And so in so many words and because I had a pen I wrote it down and I told him were he could find out that kind of information. And where he could get real information every day that would bless him and make his life more free from the lies,entanglements,deceit and trickery from the enemy of God and destroyer of life,liberty and anything good and at peace.

    So use every opportunity possible to inform anyone of truth while also being on guard and fully aware that their is a real enemy of your soul that is out to gather as much information on you to report back to a Satanic NWO based beast and NSA spying system. I was never planning to stay put here or anywhere at this point single in my life so it didn’t matter to me what information could be taken of what place and land I didn’t own.

    But if there ever came a time and place I needed to protect myself,a loved one or family from anyone that just showed up without notice in person again for whatever reason. I think bare minimum I’d literally destroy every digital and GPS tracking and listening device they had compromised my space with and then I’d polightly proceed to tell them why I did that and didn’t want my 4th and 5th amendment rights violated by anyone for ANY REASON EVER AGAIN! Because it cost me,the government,my relationships,the world and even my dogs way too much and,” I’M NOT GOING TO TAKE IT ANYMORE!”

  • James

    Why even bother dealing with these creatures? Get another credit card or don’t even use one. Debit cards work just as well and you can keep a credit card for emergencies.

  • Raymond Smith

    They can also get shot when they do

  • Uncle_Meat

    Capital One is about to go under. Way too many credit cards issued to deadbeats. Now they will suffer from the default. These criminals should be shot if they enter your property or space.

  • Jake

    Big deal…I did this when I worked for a finance company 20 years ago. When dead beats don’t answer the phone to make arrangements for delinquent payments, you sometimes have to show up at their house (or job) to get them to communicate. This is nothing new.

    • mr_bellows

      “excessive interest rates and hidden charges that change every month result in households being unable to manage finances effectively” US Treasury 2009. @Jake – why do you think they had to create new laws to prevent harassment, and new laws to call a corporation, ‘people’?

      Finance companies create the “deadbeats” using hidden charges and interest rates that change every month, in order to create more ‘Usury’…so losers like you who will work for minimum wage, feel justified in harassing your own community members, on their behalf.

      Traitor to his own community@Jake – best you should just shut your pie hole and crawl back under that same rock you have lived under for 20+ yrs.

  • mr_bellows

    “Capital One does not visit our cardholders, nor do we send debt collectors to
    their homes or work,” Girardo said.

    The spokesperson forgot to add the word “YET” to the end of her statement. Anyone who signs this new CO contract, deserves neither financial freedom or monetary security.

    Best that We The People pay off all the CC debts, and cut their cards in half, now and forever. Put these ‘loan sharks’ OUT OF BUSINESS or simply, declare bankruptcy. Bankruptcy is not a failure…it is a fresh start for both the bank and you.

    They try to make people feel bad about ‘bankruptcy’ but really its about ‘unmanageable interest rates’ and ‘hidden charges’ which change every month, and result in people being unable to manage their household finances.

    And now, they want to send thugs to your work and homes to “threaten to bust your financial knee caps”…just like, Loan Sharks. Debtors Prison? really? HA.

  • http://forums.fingerlakes1.com/ubbthreads.php?ubb=cfrm HarleyBobb

    They better bring the cops and a EMT with them …they’ll need them

  • plcc07777

    Hey, CAP ONE…send one of your cronies over to my place.

    BTW…my place is in FLORIDA.

  • AffinityNetNews

    Lawful and legal jurisdiction is all based on proving jurisdiction before the court.

    Here’s how to make credit card companies and the banks prove jurisdiction and standing before the court:

    Under International Uniform Commercial (Contract) Code, which is what our civil court system functions under, not Anglo saxon Constitutional Common Law, any change to a contract requires a new contract thus voiding the old organic contractual agreement.

    Here’s what you absolutely must learn that these criminals never want you to know:

    You are not actually in a lawful/legal binding contract with Capital One or any other credit Card Company regardless of who it is or what they say because, the contract requires two or more wet ink signatures on an original contract to make it a lawful/legal binding agreement before the court.

    Period. End of story.

    – One wet ink signature being yours.

    – One signature being an authorized Agent or representative of the credit card company.

    Question: Do you have this stated binding document?

    Answer: Absolutely not.

    Capital One, can only lawfully/legally alter or amend the original contract with your written consent by way of a wet ink signature and with full disclosure and under good faith.

    A verbal or electronic consent is not binding as it could be an impersonation before the law and court and can be fully contested.

    If you are in a contractual agreement with Capital One, and they did not notify you of this alteration in the new contract with the ability to sign-off on it, then your original contract is now null and void, regardless of any hidden fine legal print, under international contract law that Capital One and every other corporation on the planet is bound to.

    – A private corporation has no lawful/legal enforcement authority or jurisdiction in any way.

    – A private corporation CAN NOT MAKE LAW. Only corporate policies which are NOT enforceable.

    If Capital One or any collection agency calls, you are not required to speak to them. In fact never speak to them by phone ever. Have all information directed to you by mail and keep a record.

    If approached by Capital One or any authorized agent, demand to see the original contract with your wet ink signature as described above.

    IMPORTANT: If they can not present this document to you, and they never will. if anyone representing Capital One or a collection agency makes any effort to restrain or threaten you in any way…

    You can sue them for conspiracy to commit fraud under the RICO Act, and assault and battery if they even as so much as touch you, which is a felony crime in civil and criminal court.

    All credit card companies are operating under commercial fraud as declared by the Supreme Court on several Case Law verdicts that are on record.

    The credit card companies are offering a credit-line without proper securitization and collateral which makes their agreement with you null and void.

    This means at best the credit card companies are “gambling” that you will pay-off your debt to them which you are not lawfully or legally required to do.

    All credit card companies are unlawfully and ill-legally with full knowledge engaging you in conspiracy to commit fraud under lack of full disclosure and fraudulent mis-representation.

    The credit card companies i.e., banks, are criminal organizations with no lawful or legal standing before the court when you know how to expose and destroy them as I have done to Wells Fargo, and Bank of America.

    Knowledge Is Power !

    • arguethefacts

      Your knowledge is a lot off. Checking a box online, or saying “I Agree” to proceed to the next page records the time, date, your IP address, computer, browser etc. You have given a valid 100%, enforceable, legal, digital signature. The supposed required “wet signatures” were no longer necessary as about ten years go. If you took it to court using the information you’ve posted, you would lose. Whatever website you’ve gotten your information from is woefully out-of-date.

      A lot of what you wrote is conspiracy nonsense. Why are you so afraid?

      Just saying you agree, or checking the agree checkbox, and proceeding to the next page is a legal signature.

      • Travis

        Actually AffinityNetNews is 100% in his/her assessment. You’re clearly either horrendously misinformed or an agent of disinformation. UCC is absolutely one’s means of remedy against these creditors. Not only is UCC pertinent, ALL corporations were foreclosed upon at the end of 2012 with the addition of 3 new filings with the UCC. Anyone can look them up in the registry in Washington D.C. (online), they stand as Law now and have not been rebutted anywhere in the world, system wide. UCC filing # 201212914 – go look it up!
        Not only should you not stand for this abuse by Capital One, people need to wake up to Exemption accounts (for which EVERYONE has one attached to their person via their Birth Certificate), and learn what the greatest secret/lie the banksters are afraid the world will awaken to. NO ONE owes any debt, because they are no debts. We can discharge ‘debts’, but its a felony to ‘pay’ a debt with a debt (a Federal Reserve Note – US Dollar).

  • SHADOWHATMANISREAL

    sounds like a bunch of perverts to me

  • RJ

    The solution to Capital One’s harassment is SIMPLE: Cut up your Capital One credit card and NEVER deal with that company again. LET’S ROLL!!

  • T.j. Thomas

    Granted if they showed up at my house like that I would introduce them first to my Doberman, but it’s not a Fourth Amendment issue. They’re a private company and you sign a contract to get their service – a contract which, if it’s anything like other credit card agreements I’ve seen, says they can amend unilaterally without notice. If you don’t like it, just get another card.

  • Jim Kirk

    yea, come to my house or place of work cap one, see what happens to you!!!!

  • TheHutMaster

    This is why I do NOT do business with these criminal thieves. They should be worried about “What is in my Holster” as opposed to their silly “What’s in Your Wallet” slogan.

    See FDCPA here, and get your NO TREASPASS signs!.

    http://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

  • Mark Michigan

    They can show up at my job if they want. I can ignore them. However, if they show up to my home without invitation, they will be shot on site.