Can I sue a credit card company for harassment?

Question

Every other day, I get mail from Capital One trying to get me to get a credit card with them. Everyday I have to waste my time to open the crap up and separate it out to be shredded (I had my identity stolen once, so I shred everything). I have tried calling them but they keep me on hold for so long, and I do not want to waste my cell minutes. Can I file suit against them for harassment?

Answer 1

No, you cannot sue them, but you can opt out of getting all credit offer mailings. Dial 1-888-5 OPT OUT (or 1-888-567-8688) 24 hours a day.

Answer 2

Sure you can. Here is some help.

There is a no call registry. Get your number in that. If the company calls you next time simply say that you will sue if you call again.

More legalese can be found here
You have rights, Knox, and the first thing to help you in getting this
all straightened around is knowing your rights. Let's get to it.

You are protected by a federal law called the Fair Debt Collection
Practices Act (FDCPA):

Fair Debt Collection Practices Act
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

Are lawyers collecting a debt bound by this law? You betcha. They
have to play by the rules too, and you can get a good explanation of
this right from a lawyer:

What Debt Collectors Are Covered By The Act
http://www.expertlaw.com/library/consumer/fair_debt_collection.html#3

The FDCPA clearly states that debt collectors may only contact third
parties to verify your location and/or telephone number, and they may
only contact a given third party ONCE.

They MAY NOT tell any third party about your debt - neither what you
owe nor that you owe anything at all. Telling a third party about
your debt violates Section 804(2) of the FDCPA:

Gathering debtor's location information 3rd Party Contacts - Section 804
http://www.fair-debt-collection.com/rules/third-party-contact-4.html

Debt collectors MAY NOT use threats or intimidation to hasten your
payment of your debt. They cannot demand you call family or friends,
they cannot threaten to "sue you tomorrow", they cannot tell you to
shut up, call you names, yell at you, or otherwise use abusive
tactics. This is covered by:

Debt Collection and Creditor Harassment Abuse Laws - Section 806 of the FDCPA
http://www.fair-debt-collection.com/rules/harrassment-abuse-tactics-6.html

The 17 false or misleading tactics are prohibited according to section
807 of the FDCPA
http://www.fair-debt-collection.com/rules/false-misleading-tactics-7.html

So, how are you supposed to get these guys to leave you be?
Easy-peasy: Document, document, document. Start screening all of
your calls for now - let them go to voice mail/answering machine. DO
NOT call them! No, you MAY NOT tape future phone calls without
telling the collector you're doing so. Just screen your calls for a
little bit, it's not illegal and it will help lessen your anxiety.
BUT! If they leave abusive messages, you may make tapes of those.

In the meantime, you can invoke your rights under the FDCPA with a
cease and desist letter to the debt collector:

What If You Don't Want The Collection Agency To Contact You?
http://www.expertlaw.com/library/consumer/fair_debt_collection.html#7

As tempting as it might be to thumb your nose at the debt collector,
DO NOT tell them "go ahead and sue". They may very well do exactly
that, and if you intend to stand a snowball's chance of making some
sort of reasonable settlement arrangements on terms that won't break
you, you need to be able to show that you're making a good faith
effort to pay. Offering to make arragements: Good. Document this,
making note of the precise arrangements you've offered (amount
monthly, by what date, and the fact that you were rebuffed). Getting
belligerent with the collectors: Very, very bad. Don't do that.

(Aaron Larson's entire explantion of the FDCPA is a must read. Start here:

The Fair Debt Collection Practices Act (FDCPA)
http://www.expertlaw.com/library/consumer/fair_debt_collection.html )

Answer 3

First thing to do is put a sign up saying no junk mail, if you still keep getting this send them a response saying that i no longer want you to send me this kind of mail. Make a copy of all your communication between them. If you still get mail from them get a court injunction that say they are not to send phone you or have any communication from them. Stand up to them report them to the police, we do have laws against this. You do not need to opt out just tell them. You don't have to do what they say as you don't use their services

Answer 4

No you could only sue if they were calling you constantly after putting them on a do not call list or were harassing you for bill payment.

Answer 5

if you read some of them close enough there is a way to opt out of them. So I think you have no right to sue because it's plainly there (on some) you can opt out, you just have to

Answer 6

Probably not but you CAN send back their postage paid envelope stuffed with junk mail of your own and have them pay for it.

Answer 7

put yourself on a do not call or mail list.