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Capital One says it can show up at cardholders' homes, workplaces
LA Times ^ | 2/17/2014 | LA Times

Posted on 02/17/2014 10:22:16 PM PST by Dallas59

Ding-dong, Cap One calling.

Credit card issuer Capital One isn't shy about getting into customers' faces. The company recently sent a contract update to cardholders that makes clear it can drop by any time it pleases.

The update specifies that "we may contact you in any manner we choose" and that such contacts can include calls, emails, texts, faxes or a "personal visit."

As if that weren't creepy enough, Cap One says these visits can be "at your home and at your place of employment."

The police need a court order to pull off something like that. But Cap One says it has the right to get up close and personal anytime, anywhere.

Rick Rofman, 71, of Van Nuys received the contract update the other day. He was spooked by the visitation rights Cap One was claiming for itself.

"Even the Internal Revenue Service cannot visit you at home without an arrest warrant," Rofman observed.

Indeed, you'd think the 4th Amendment of the Constitution, which guards against unreasonable searches and seizures, would make this sort of thing verboten.

(Excerpt) Read more at latimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society
KEYWORDS: beseeingyou; bigbother; capitalone; credit; harassment; privacyrights; search
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To: Olog-hai; nvscanman; NorthMountain

“...to secure these rights, Governments are instituted among Men...”

Arguably, governments are instituted to secure “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures...”

Open to question are:

Whose rights prevail in a given situation, the creditor’s or the debtor’s?

What’s “unreasonable”?

What’s a violation of the right?


81 posted on 02/18/2014 7:42:37 AM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: KrisKrinkle

Why is the right being questioned? Are we a republic or a corporatocracy?


82 posted on 02/18/2014 8:06:18 AM PST by Olog-hai
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To: BunnySlippers

Good thing they didn’t send a SWAT team for that. You might have had a very interesting day or week.


83 posted on 02/18/2014 8:11:18 AM PST by Black Agnes
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To: albie

Heck I got it backwards. :)


84 posted on 02/18/2014 8:26:20 AM PST by Conspiracy Guy (Did the ancients know they were ancients? Or did they see themselves as presents?)
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To: MortMan

Dang it. I get so confused sometimes.


85 posted on 02/18/2014 8:27:27 AM PST by Conspiracy Guy (Did the ancients know they were ancients? Or did they see themselves as presents?)
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To: Conspiracy Guy

It’s a conspiracy, I tell you!!!

You COULD have just said you forgot the /sarcasm tag!

;-P


86 posted on 02/18/2014 8:30:47 AM PST by MortMan (Is a delayed shower a "stay of exablution"?)
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To: Conspiracy Guy

Heck I got it backwards. :)”

...not really. Both are progressive boneheads.


87 posted on 02/18/2014 8:42:41 AM PST by albie
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To: kcvl
 photo baldwin-attacks-reporter_zps681e7ad3.jpg Baldwin doesn't do commercials anymore and now just drums up business for them.
88 posted on 02/18/2014 8:46:09 AM PST by RetSignman
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To: Olog-hai

“Why is the right being questioned?”

Depends on what you mean by the question.

In regard to the USC/BOR, the argument is that the USC is a limitation on government, not on people, therefore the Fourth Amendment is not an issue here. My argument is that if government is limited by the Fourth Amendment, then part of the purpose of government is to secure people’s right as noted in the Fourth Amendment from violation by other people.

In regard to people vs people (a corporation is a legal “person”), the matter may become a “conflict of rights” and whose rights should prevail. In an organized society, conflicts of rights are settled in accordance with the laws of the society.

Also, in a debtor/creditor relationship, there is a written or verbal contract through which one or both parties may voluntarily give up or disable certain of their rights.

Further, if a debtor refuses to make good on his debt, he may become a thief by default and his rights in regard to any property involved may be lost or put into question by his own action.

“Are we a republic...”

We’re supposed to be.

“...or a corporatocracy?”

That last is a good question. I believe the power, mostly economic, of some corporations is such that they can almost become a shadow government, making things happen as they please. This could happen at the national and world level, but could also happen at the local level where a relatively small corporation could hold sway over a small community.

Looking at another facet, I’ve read comments in which some people give great leeway to corporations because they are “private” and not government/public institutions. However, any corporation I know of is a creation of some government and is, at least in the beginning, beholding to said government for its existence, and may act to execute the will of said government.


89 posted on 02/18/2014 9:05:38 AM PST by KrisKrinkle (Blessed be those who know the depth and breadth of their ignorance. Cursed be those who don't.)
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To: Conspiracy Guy

No, Lawrence Fishburne (as Morpheus) is the Kia guy. Morgan Freeman is the Visa guy. Samuel L. Jackson is the new Capital One guy.


90 posted on 02/18/2014 1:47:46 PM PST by RichInOC (No! BAD Rich! (What'd I say?))
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To: Dallas59

They can visit my front door all they want. Jehovah’s Witnesses do that all the time. If they want to go further, they’ll need a cop and a warrant.


91 posted on 02/18/2014 1:50:19 PM PST by Cyber Liberty (H.L. Mencken: "The urge to save humanity is almost always a false front for the urge to rule.")
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To: Dallas59

There are laws about debt collection not to mention stalking, harassment, menacing, trespassing, and other laws.


92 posted on 02/18/2014 1:50:48 PM PST by CodeToad (Arm Up! They Are!)
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To: Dallas59
"Even the Internal Revenue Service cannot visit you at home without an arrest warrant," Rofman observed.

Yeah they can.

They just can't do anything besides ask you to talk to them.

And that is all Capital One can do as well. They can ask to talk to you, they have to go away when you tell them to do so.

93 posted on 02/18/2014 1:54:34 PM PST by Harmless Teddy Bear (Proud Infidel, Gun Nut, Religious Fanatic and Freedom Fiend)
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To: dalereed

“Pay your bill every month and they won’t have any reason to visit you”

Ah, the old, if you have nothing to hide routine for violating constitutional rights.

Any banker that thinks getting into someone’s face isn’t going to end badly is an idiot that deserves to lose their money.

Mistakes are routinely made by banks, so if one of those pinheads shows up at my door demanding something they’ll get treated like a nark at a biker rally.


94 posted on 02/18/2014 2:07:43 PM PST by CodeToad (Arm Up! They Are!)
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To: andyk

” I suppose if you sign a contract giving your credit card company carte blanche to your home, that’s your fault.”

Various laws and case law prevents that from happening.


95 posted on 02/18/2014 2:08:37 PM PST by CodeToad (Arm Up! They Are!)
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To: az_gila

Sure, they can do all that, but only until you tell them not to then federal law kicks in and protects your demands not to be contacted by those means.


96 posted on 02/18/2014 2:09:45 PM PST by CodeToad (Arm Up! They Are!)
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To: MortMan

I was coffee deficient at the time.


97 posted on 02/18/2014 2:32:27 PM PST by Conspiracy Guy (Did the ancients know they were ancients? Or did they see themselves as presents?)
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To: albie

That’s true.


98 posted on 02/18/2014 2:33:25 PM PST by Conspiracy Guy (Did the ancients know they were ancients? Or did they see themselves as presents?)
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To: RichInOC

Who can keep up anymore?


99 posted on 02/18/2014 2:37:00 PM PST by Conspiracy Guy (Did the ancients know they were ancients? Or did they see themselves as presents?)
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To: CodeToad

Don’t honor your obligations and you don’t have any rights!


100 posted on 02/18/2014 3:01:56 PM PST by dalereed
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