Capital One, or Capital One Financial Corporation, is an American bank that offers consumers loans, banking and savings products, credit cards, etc.
Notably, it is known as the company that has helped start the trend of mass-marketing credit cards in the US. As per Wikipedia reports, nearly 62% of the company’s revenue in 2015 was from credit cards.
Because of its credit recovery practices, Capital One has been in the news for harassment charges as well as for the number of consumer lawsuits it faces.
There are online reports of the bank calling up customers on the Do Not Call national registry as well as utilizing means that are not authorized to contact and communicate with customers.
- There are allegations of the bank repeatedly calling customers
- There are reports of the bank calling up relatives of debtors as well
- The bank does not bother to check whether the person they are calling is indeed their debtor
Legal recourse
Legally, there are practices that creditors cannot indulge in. These are governed by the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumers Protection Act (TCPA) . These laws look after the consumer’s interests and also allow one to sue a creditor, including Capital One, in case of trauma or to stop the harassment resulting from their credit recovery practices.
The FDCPA regulates third-party debt collectors, while the TCPA covers calls made using auto-calling equipment and calls made to cellphones.
While both of these Acts are different, broadly, they protect interests of consumers in some of the following ways:
- Debt collectors cannot call up debtors, unless agreed upon previously, late into the night or early in the morning
- Information regarding the debt cannot be passed onto the debtors’ relatives or friends
- Debtors cannot be intimidated or threatened in any form
- Callers need to identify themselves; debt collectors need to also provide name and identification for the entity on whose behalf they are collecting the debt
- Callers cannot pressure debtors or advise anyone to sell off other assets to pay off the existing debt
- Debt collectors need to honor the national Do Not Call registry without exception
Why seek professional help?
Consumers can stop harassment related to debt collection under both these Acts. They are also entitled to monetary compensation.
But to successfully stop harassment from Capital One or sue them, it is important to maintain records of harassment.
Details of the laws include clauses such as the following:
- The FDCPA may not protect the consumer if the original creditor is following up on debt recovery; it regulates third-party debt collectors.
The TCPA regulates calls made using auto-dialers. It also regulates behavior and practice but consumers need to have records to prove violations. Consumers need to understand the law to get relief from trauma and harassment coming from an original creditor. There are steps you can take, including writing to the creditor to stop the constant calls, watching out for violations thereafter, etc. A legal professional can help better with this and also help ensure the trauma of harassment is lessened.
Stop the harassment, now!
The following numbers belong to Capital One:
805-964-0386, 866-929-5306, 813-202-7244, 909-391-1768, 866-381-0453, 866-929-5307, 800-955-6600
Call a professional now to rid yourself of the fear, uncertainty and harassment associated with these types of calls.
About Us
Legal Rights Advocates, PLLC is a law firm that specializes in helping clients stop the harassment from debt recovery practices by creditors, including Capital One, and sue them, if needed. Our team of debt harassment attorneys , over the years, has helped countless clients get protections from debt collection practices that are deemed as unlawful and illegal under the TCPA and the FDCPA.
If you are interested in learning more about how to stop harassment faced from debt collectors or how to sue them for harassment, call us at (855) 254-7841 for immediate assistance.