The commercials say “What’s in your wallet?”, but customers of Capital One are finding that what they’re carrying is a permission slip for their credit card company to show up at their home or work.
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.”
They also make clear that you might get one of these visits at your work. Because that’s what everyone loves on a Monday morning—their credit card company showing up at their job.
What about the 4th Amendment? Oh, never mind that. That’s just for cops, not private companies.
“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.
Yet another reason to close your cards, deal in cash, and buy some silver coins, apparently. Unless, of course, you like the idea of Capital One asking your boss where they can find you…in person.
hockeydad says: Companies already have rights to email, text etc. and I know the head of one major credit card’s claim department and he’s always stated that the first rule of collecting is not to damage the company. He’s said you never go to the work place to collect. If it comes to that you write it off or sell it to a debit collector. Large CC’s worry about perception.
As for coming to your house. I figure the first time they hire an someone who doesn’t like a door slammed in their face, takes it upon themselves to be aggressive and ends up shot, this practice will be reviewed by legal and ended.
4th Amendment violation? No.
Fair Debt Collection Practices Act violation? Maybe. I’m sure they can send Alec Baldwin to court to call the judge a toxic queen if the judge doesn’t buy into the argument that a unilateral change to the terms and conditions was “negotiated” between the parties, but I wouldn’t count on them succeeding with that argument.
ALman says: You’ve got 10 secs to remove yourself from my property! 10…9…8…7…6…
Merle says: That’s a good reason not to deal with Capital One, isn’t it?
Merle
hockeydad says: So if you need to use a credit card which company are you going to use? Most have similar language and this agreement doesn’t give them any rights they don’t already have. Your rights are pretty clearly documented Fair Debt Collections Practices Act so I’d say how’s the customer service? If they provide the service you like then use them, if not find someone who does. We have used CapitalOne for years, never had a problem. My kids play higher level hockey and we are all over the country every weekend, sometimes the family is split between several states, 9 months out of the year. They have always provided great service, check on the “odd” charges and the one time we lost the card at a tournament the support for getting the hotel paid etc was awesome. However, I do have a 700 foot drive way and a no trespassing sign. I’m pretty sure if they are at my front door and I ask them to leave and they stay; they are breaking that law. 🙂
Xavier says: They may claim what they wish; that does not make it legal.
If you’ve ever looked at the back of a hotel room door, you’ll see a sign that says “Not responsible for articles left in room”. That’s to prevent you from calling the police when the chambermaid makes off with your $800 camera – and it’s also baseless. The hotel is, in fact, responsible for their employees’ actions while they’re on the premises and you do have legal recourse if anything left in the room is stolen.
You can find examples of this everywhere: “User assumes all risks”, “not responsible for injuries”, etc. It’s just an attempt to prevent you from exercising your rights. A visit at work is harassment and you are protected from it, no matter what the agreement says.
I’m not a lawyer but I did stay at a Holiday Inn Express last night. That’s where I saw the sign on the back of the door.
GWB says: I’m not a lawyer but I did stay at a Holiday Inn Express last night. That’s where I saw the sign on the back of the door.
Heh. It is generally accepted in the law that you cannot contract away your actual rights – certainly not as an adjunct to actual services/goods provided. You’re right in saying that this is a way to scare certain people into compliance.
They can come show up at my workplace if they like. They can have a lively discussion with the gentlemen carrying big guns guarding the place about their “rights” under any contract I have. And, if they wait until I get home, they can have a lively discussion with me about my property rights and my 2d Amendment rights.
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