Capitol One: In your wallet, at your home, on your job...

[highland145]

1st, pay your bills....

They're trying to circumvent the fair debt collection laws because the laws don't apply if you have given prior consent to be reached any time any where.

We may contact you from time to time regarding your Account. We may contact you in any manner we choose unless the law says that we cannot. For example, we may:
(1) contact you by mail, telephone, email, fax, recorded message, text message, or personal visit;
(2) contact you using an automated dialing or similar device ("Autodialer");
(3) contact you at your home and at your place of employment;
(4) contact you on your mobile telephone;
(5) contact you at any time, including weekends and holidays;
(6) contact you with any frequency;
(7) leave prerecorded and other messages on your answering machine/service and with others; and
(8) identify ourselves, your relationship with us, and our purpose for contacting you even if others might hear or read it.

For example, debt collectors are generally restricted to calling only between 8am and 9pm. The collector "may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector," which means a limit on the types of messages that could be left. If the collector "knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication," it is forbidden to try reaching the consumer at work -- and telling the collector that you are not allowed to receive collection calls at work might be enough to trigger that clause.

However, these factors only come into play if the consumer has not given prior consent or if a court has given permission. Being a card holder with Capital One would likely mean that the agreement would act as that consent.

Will be interesting to see how this works out for them if they implement it.

http://jobs.aol.com/articles/2014/02/18/capital-one-makes-home-visits-credit-card/?icid=maing-grid7|main5|dl31|sec1_lnk2%26pLid%3D444144?ncid=txtlnkusaolp00000058&

 

[SlitheryDee]

They should just say "Warning: If you don't pay us, we're going to bother you by every means possible until you go insane or pay us" at the top of every contract.

 

[Vdubchaos]

They should just say "Warning: If you don't pay us, we're going to bother you by every means possible until you go insane or pay us" at the top of every contract.

Well to their defense, if someone owed me money I would do above too.....

 

[bignateyk]

Why is this a big deal? If you owe someone money, you should pay it. Even to a debt collector. As long as it's a valid debt, I don't see a problem with them harassing the person over the debt.

 

[ultimatebob]

And if all else fails, will they send Samuel L Jackson to personally kick the ass of every person who's more than 20 days late on their credit card bill?

I mean, hey... they got him on contract already

 

[PokerGuy]

Why is this a big deal? If you owe someone money, you should pay it. Even to a debt collector. As long as it's a valid debt, I don't see a problem with them harassing the person over the debt.

Apparently you are not familiar with the FDCPA then. Just because someone owes something doesn't mean it should be a free for all on how you try to collect. There are (and should be) limits on what collectors can do. I don't think putting all those clauses into the contract will hold up, the laws are still very specific on what the collector can do, no matter what the contract says. We'll have to see how it plays out in court though.

 

[highland145]

Apparently you are not familiar with the FDCPA then. Just because someone owes something doesn't mean it should be a free for all on how you try to collect. There are (and should be) limits on what collectors can do. I don't think putting all those clauses into the contract will hold up, the laws are still very specific on what the collector can do, no matter what the contract says. We'll have to see how it plays out in court though.

In a practical sense, yes, but there are some dead beat SOBs I'd like to be in control of their air supply.

 

[ultimatebob]

Why is this a big deal? If you owe someone money, you should pay it. Even to a debt collector. As long as it's a valid debt, I don't see a problem with them harassing the person over the debt.

You're totally right... if someone can't pay their bills because they lost their job or got sick, they totally deserve to have daily harassing phone calls and nasty letters from collection agencies to compound their misery.

Dammit... they should totally bring back debtors prisons to teach these deadbeats a lesson! F you, grandma, you're not allowed to get cancer when you owe US money!

 

[DesiPower]

yeah, bad people, trying to collect their money that was not paid on time with no respect for borrowers' privacy... bad bad people.

 

[highland145]

We have the fair debt collection laws because there's no board to decide if the individual has a reason or not for not paying. Illness/job loss should be cut some (a lot of) slack. POS wants a 60" plasma and not pay his debts, +1 for debtors prison.

Lawyer's secretary called me yesterday about a judgement I filed. Customer borrowed $1K in 2007 and never paid the 1st payment. Now she wants to sell her house....LOLOLOL. Show me my $$, bitch.

 

[Miramonti]

yeah, bad people, trying to collect their money that was not paid on time with no respect for borrowers' privacy... bad bad people.

If someone can't pay their debt, that shouldn't give debt collectors the right to harass borrowers 24/7 at home and at their workplace. Laws are in place for a good reason.

 

[SlitheryDee]

We have the fair debt collection laws because there's no board to decide if the individual has a reason or not for not paying. Illness/job loss should be cut some (a lot of) slack. POS wants a 60" plasma and not pay his debts, +1 for debtors prison.

Lawyer's secretary called me yesterday about a judgement I filed. Customer borrowed $1K in 2007 and never paid the 1st payment. Now she wants to sell her house....LOLOLOL. Show me my $$, bitch.

Yeah people like to bring up the hard luck cases as proof that debt collection is evil, but I fully believe those are the minority. I don't do credit any more, but all the unpaid bills I have from when I did are for discretionary items. Guy wants a pair of of alligator boots, but can't pay for them until he gets his check next week. Problem is he's found a hundred other places to spend that money that suddenly seem a lot more appealing to him by the time he gets it. No sympathy from me. There's 10 of that guy for every one that has a legitimate reason.

 

[highland145]

Yeah people like to bring up the hard luck cases as proof that debt collection is evil, but I fully believe those are the minority. I don't do credit any more, but all the unpaid bills I have from when I did are for discretionary items. Guy wants a pair of of alligator boots, but can't pay for them until he gets his check next week. Problem is he's found a hundred other places to spend that money that suddenly seem a lot more appealing to him by the time he gets it. No sympathy from me. There's 10 of that guy for every one that has a legitimate reason.

QFT

Since I work for myself, I get to decide what's a hardship case. 12/2012 customer was in a wreck and broke both of her feet. Hard to run a cleaning business like that. 12/2013 she gets her settlement and pays me in full. Awesome.

If you've watched the news, we got pounded by an ice storm. Lots of downed trees. Idiot tells me he can't find work. Lazy POS should starve.