Mother Nature Network – by Melissa Breyer
As if nagging calls from your credit card issuer weren’t enough, customers who have a Capital One account may find themselves opening their door to representatives from the company. An update to the company’s legal language 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,” reports David Lazarus from the Los Angeles Times.
In addition, the visits may be at your home or place of employment. (No mention was made of fine suits and baseball bats.)
Another tidbit from the update notes, “We may modify or suppress caller ID and similar services and identify ourselves on these services in any manner we choose.”
As in, they can dupe you into picking up the phone by falsely identifying themselves as a more agreeable caller. This sly trick is known as spoofing, and it’s actually legal, according to Lazarus. The courts have deemed that non-harmful spoofing, which includes businesses wearing “digital disguises to penetrate a consumer’s phone defenses,” is acceptable.
So be warned, if you’re a Capital One customer, the company can call you using a phony ID and if you ignore them long enough, they may come a-knocking.
But putting the contract’s fine print aside, Capital One spokeswoman Pam Girardo is here to quell the creepiness. She notes that, “Capital One does not visit our cardholders, nor do we send debt collectors to their homes or work.” (Unless it comes to high-end sporting goods that the company has financed; the company has partnerships with manufacturers of sport vehicles 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.
And on that note, Girardo said that the company is reviewing the contract language, “because we do not want to create any unnecessary insecurity among our customers.” Furthermore, they are “considering creating two separate agreements, given this language doesn’t apply to our general cardholder base.”
When asked about the phony spoofing, Girardo replied that the calls are programmed to display as Capital One on caller ID, but that, “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.”
Which, as Lazarus points out, is not what the contract update notes. “It says, ominously, that Cap One can ‘modify or suppress’ people’s caller ID capabilities and identify itself in ‘any manner we choose’.”
And while this may all sound a bit too Big Brother, MSN Money urges us to remember that the contract update doesn’t grant Capital One any rights it doesn’t already have.
“Anyone can knock on your door. This isn’t unconstitutional or illegal,” MSN notes. “Think of Capital One as a vacuum cleaner salesman.”
Lazarus reports on the story in the video below:
Knock, knock
Answer door, Yes.
I’m from Capital One.
Answer; look down the tube,smile and wait for the flash.
Pretty much.
I dont have a credit card. Would not have one but if you need to be able to shop online or have money aside for a requirement have a debit card or one from a company that gives you a prepaid one. Credit is slavery and can cause you a lot of grief. There are lots of things you don’t need and are removing you from your money.
Fix it up, wear it out, make it do or do without. Live on what comes in. I know its hard sometimes but you can sleep better at night.
. . .
http://www.escapeharassment.com/
. . .
I took a paralegal course in the late 80’s not for a job but to know laws and not be scammed. I have often volunteered to help a neighbor solve a problem and save him or her a lot of money. This one was my favorite.
A good friend of mine’s daughter (16 years old) attempted to steal a carton of cigs from K-Mart. She wasn’t successful and the merchandise was returned to stock. She went to court and did the community service and other demands made upon her.
Six months later someone (claimed lawyer but who knows) contacted my friend by mail. Basically the letter said that a law existed that allowed the store to collect as much as 750 dollars for the damage done to them. They did demand the full amount.
I explained to my friend that it was true it is the law however, here is the problem and instead of explaining right this minute I would rather tell you of her reply at my direction.
Dear Sirs,
I acknowledge your right to collect damages to the tune of up to 750 dollars in lieu of the action of my daughter
The law also states that this levy is based on damages and since the following occurred I request a itemized list of the damages suffered by K-Mart.
1 Security is paid hourly so no expense was needed there.
2. The merchandise was returned to stock.
3. The store did not cease business everything went forth as usual.
4. No one from K-Mart or any representative was present at court. No expense there either.
If you have any additonal expenses I am not aware of please itemize and send them forth. I will gladly pay them.
Respectfully,
xxxxxxxxxxxxxxx
Response: They lowered the amount of the fee to 500 and offered payment of 75 a month. My friend responded with the same letter.
Once more they reduced it to 300. Again same letter sent.
Never heard from them again.
I can never act in someones behalf I am not a lawyer but I can help by telling a person what I know. I felt really really good I was able to help her.
“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.”
As with all of their ‘last resorts’, it will inevitably end up becoming their first resort.
If they show up on your doorstep, pay them off.
In lead.
“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.”
As with all their ‘last resorts’, they inevitably end up becoming their first resort.
If they show up on your doorstep, pay them off.
In lead.