Capital One Debt Collection…Might Come Knocking on Your Door - The Law Office of Michael A. Ziegler, P.L.

Capital One Debt Collection…Might Come Knocking on Your Door


February 23, 2014

Just about every modern credit card comes with a cardholder agreement that is the size of a short novel. Few people ever read them when the credit card arrives. Instead, we dial the 800 number to activate the card and go on with our lives. But the terms of these cardholder agreements can have real consequences, especially when the consumer falls behind on credit card debt.

Capital One has recently updated their cardholder agreement to include terms that have received concern. Consumer watch dogs are concerned that the new language in the cardholder agreement may allow Capital One to visit you in person or at your place of employment if you fall behind on credit card debt.

The new language in the cardholder agreement goes on to say that Capital One can “modify or suppress caller ID and similar services and identify ourselves on these services in any manner we choose.” This language is also concerning, as Capital One may attempt to use this language to disguise their caller ID.

Capital One has responded to the recent outrage over these new terms in an email statement, advising, “Capital One does not visit our cardholders, nor do we send debt collectors to their homes or work,” the bank said in an emailed statement. Capital One went on to address the caller ID issue: “We want our calls to display as Capital One on caller ID and that’s the way they are programmed,” said the bank. “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.”

I hope that Capital One’s response is accurate. However, the problem remains – even if Capital One acts ethically while collecting its own debts, the debt buyers who purchase Capital One’s delinquent debts may not be so ethical. This new cardholder language could open the door to problematic collection practices in the future.

If you have been harassed by debt collection phone calls, in-person debt-collection efforts, or debt collectors who call your friends, family, or place of employment, you may be entitled to sue the debt collector for harassing practices – even if you still owe a balance. On many occasions, we can accept these cases where the consumer does not pay a fee or cost unless we are able to recover for them. Call today for a free consultation.

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