• Report: #769749

Complaint Review: Capital One

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  • Submitted: Fri, August 26, 2011
  • Updated: Fri, August 26, 2011

  • Reported By: Slurm3000 — rocky hill Connecticut U.S.A.
Capital One
1680 Capital One Dr. McLean, Virginia United States of America

Capital One Persistant, harassing debt collectors McLean, Virginia

*Consumer Comment: RE:

*Consumer Comment: Ummm

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I received a brand new phone number last Friday, and by that Monday, the calls from this company came pouring in. There is a steady number of at least three per day. The first time I was available to answer, I explained to whoever it was on the other line that this is a reassigned phone number and to not call me ever again. Of course, this was incomprehensible to them and I received two more that day.

I filed a complaint with Capital One's abuse team online, which got me a very timely, yet curt response that the number that they had been calling was removed from their dialer list. No apology for the error that continues to occur on their part, nothing saying whether or not the change would take place immediately. If it takes about thirty days for my number to be removed from their database, then that should have been legally disclosed to me. Since it was not, I was under the assumption that the calls would end as soon as I received that communication.

These debt collectors are nothing but a bunch of schoolyard bullies. They do not listen when you inform them that you are not the person they are trying to contact, they will continue to call after you inform them that they are in breach of the Fair Trade Act and the they have treaded into harassment territory, and they will continue to call after you threaten to report them. When I was advising one of the callers that they need to find another means of contacting the debtor or I would find a means of slapping them with a harassment suit, I was abruptly hung up on with no apology or acknowledgment to stop and my number was placed back into the dialer for a callback set to be made three hours later.

This afternoon, I finally decided to put my threats into action and reported this company to the Federal Trade Commission. Hopefully, an agent will be contacting someone very soon. I included the phone number that these calls had been originating from. If this is happening to any of you, I would strongly urge you to send a certified cease and desist letter. If the calls continue, then you have enough evidence for a lawsuit. I also urge you to record any and all calls from them with the verbiage, "I am recording this call so that I have evidence of you violating federal law." For more information, go to the Federal Trade Commission's website.

In short, do not ever do business with Capital One. They have absolutely no regard for federal mandates or people's cease and desist orders.

This report was posted on Ripoff Report on 08/26/2011 06:04 PM and is a permanent record located here: http://www.ripoffreport.com/r/Capital-One/McLean-Virginia-/Capital-One-Persistant-harassing-debt-collectors-McLean-Virginia-769749. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment


AUTHOR: John - (U.S.A.)

  Send them a letter via Certified Mail + Return Receipt (do NOT use regular mail) stating:

Cease all communications with me about this alleged debt and stop all phone calls to [insert your phone #]. You have the wrong person and this is not my debt. Receipt of this letter is officially being time stamped via Certified Mail.

If they keep calling, read the following statement to them:

Be advised that this call is being recorded. If you do not consent to being recorded, you need to terminate this call. Continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded.
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#2 Consumer Comment


AUTHOR: Robert - (U.S.A.)

If you are telling them that they are violating the Fair Trade Act they are probably rolling on the floor laughing. 

My guess is that you are thinking of the Fair Debt Collection Practices Act(FDCPA).  However, keep in mind that if it is Capital One and not a 3rd Party Collection Agency calling you that the FDCPA does not apply, which in that case any lawsuit would be outright dismissed.  Some states do have a similar law for Original Creditors but I do not believe CT is one of them, however that is something you would need to research.

If it is a 3rd party collection agency you actually want to send a Cease Communications letter, not Cease and Desist letter.  It's seems minor but it tells them the difference between someone who is aware of their rights and someone who is not.  If they contact you even once after that you can sue them on your own for up to $1000 statutory damages as well as any real damages you may have suffered.

Don't expect much from the FTC.  They may make an inquiry with Capital One.  But more likely is that  you will probably get a response back that says they don't take individual action, but will keep your report on file.  They may also suggest that you seek legal representation if you want to pursue it on your own.
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