Capital One has been in the news lately, and it hasn’t all been good. Wording in the credit card provider’s contracts has led some people to believe that the company had the right to come to a person’s home to collect on a debt. Capital One, however, is combating the allegations and issued a statement in an attempt to clarify the situation.
The statement claimed that Capital One does not send debt collectors to customers’ homes or workplaces unless it involves secured collateral like a jet ski or snowmobile. Regarding phone calls, the credit card company said that it has programmed its phone calls so that they should show as Capital One on caller IDs, but that it doesn’t always happen on some local phone exchanges.
The statement also claimed that the controversial wording in the contracts has not changed recently but that the company would be reviewing the language to ensure that it didn’t cause “unnecessary insecurity” with cardholders. While it is unlikely that debt collectors will come knocking on people’s doors despite the language used in credit card contracts, it is important for Miami consumers to know their rights in regards to creditor harassment.
According to the Fair Debt Collection Practices Act, a debt collector cannot call a customer outside of the hours of 8 a.m. to 9 p.m. and cannot call at work if the customer indicated that workplace calls are not okay. Debt collectors also may not use profanity or verbal abuse and cannot contact anyone other than the customer about the debt. They also cannot threaten the customer with arrest over a debt.
It can sometimes seem as if debt collectors have all of the power when a person is unable to make payments or falls behind on bills, but this isn’t always the case. For those dealing with creditor harassment, talking to someone experienced in these types of situations can better inform them about the laws and possible legal options if a collector breaks those laws.
Source: The Street, “Capital One stumbles over rules with ‘creepy’ debt collector policy” Brian O’Connell, Feb. 20, 2014