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Knock, Knock it's Capital One

Capital One's new contract allows representative to visit your home or place of work

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Capital One's new contract allows reps to come to your place uninvited.

The added clause permits Capital One to visit customers regarding their account.

In their credit card agreement, Capital One states "We may contact you from time to time regarding your account, we may contact you in any manner we choose unless the law says we cannot. For example, we may contact you by mail, fax, text message or personal visit."

It doesn't end there, the agreement further states "We may contact you at your home or place of work" and "identify ourselves, your relationship with us, and our purpose for contacting you even if others might hear or read it."

Many question if the revised contract violates the Fourth Amendment's ban on unreasonable searches and seizures.

"Even the Internal Revenue Service cannot visit your home without an arrest warrant," Rick Rofman told the L.A. Times.

According to Daniel Kahn, Santa Clarita attorney, the updated contract does not go against the Fourth Amendment.

"It's not a violation of the Fourth Amendment. It sounds really invasive but I don't think its a violation. Nevertheless, it could set the stage for harassment charges against the company," he told the Times.

Pam Girado, a spokeswomen for Capital One said the language has been taken out of context and the company will not visit their customers, except when it comes to sports gear.

For example, customers who buy sports vehicles such as jet skis or snowmobiles through a secured loan from the bank and don't pay off the loan, may get a visit repossessing the vehicle.

"Capital One does not visit our cardholders nor do we send debt collectors to their homes," she told the Times.

Many customers are astounded by the new contract, several complained on the company's Facebook page.

"If we let Cap One get away with this, they will all do it," Nancy Niles wrote.

"Just saw your new updates to your legal contracts...and now I'm glad we don't have you as a card. #superCreep," Shaunty Linton wrote.

"Just because they say they can make a personal visit, does not mean they can come into your house. I hope people really open their eyes to this gross overreach by a company," Stewart wrote.

Capital One doesn't stop at personal visits, the company can use a local number when it calls, making caller identification difficult.  

This is called "spoofing." According to the Times, its not against the law as long as companies engage in "non-harmful spoofing" that doesn't cause fraud.

 

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