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Capital One Sued Over Credit Card Ads. (What's *not* in your wallet?)
Reuters/Yahoo ^

Posted on 12/31/2004 11:02:47 AM PST by Uncledave

NEW YORK (Reuters) - Minnesota's attorney general has sued credit card issuer Capital One Financial Corp. (NYSE:COF - news), accusing the big U.S. credit card issuer of falsely advertising low rates and defrauding consumers.

Attorney General Mike Hatch said Capital One nearly quadruples the rate it charges some card customers who trigger a "penalty" rate by paying a bill a day late or defaulting in other ways, according to a complaint filed on Thursday in a Ramsey County District Court in Minnesota and posted on Hatch's Web site.

A spokesperson for Capital One, based in McLean, Virginia, could not be immediately reached for comment. A spokeswoman told the Star Tribune newspaper of Minneapolis that the company "believes it has acted properly and in full compliance with the law," and is cooperating with the attorney general.

According to the complaint, cardholders who receive an initial 4.99 percent interest rate and later default may see their rate skyrocket to 19.8 percent, even though Capital One advertised that the lower rate was "fixed."

The lawsuit said Capital One's marketing violates state laws against false advertising, consumer fraud and deceptive trade practices. Minnesota is seeking restitution for cardholders, civil penalties, disgorgement of profits, and an injunction barring further wrongdoing.


TOPICS: News/Current Events
KEYWORDS: ads; capitalone; usary
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To: Syncro
Yeah I know, they suck. It's really the merchant getting hosed. He has to loan the purchase price, interest free to the customer for a month, then to the CC company for another month, AND pay 3% for the privelige.

Of course, those are all costs of business and will end up getting added into the prices we pay, so all consumers actually pay for the cost of borrowing the money, just those who carry a CC balance pay twice.

41 posted on 12/31/2004 12:10:13 PM PST by Still Thinking (Disregard the law of unintended consequences at your own risk.)
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To: winner3000
I had to pay $150 for parking legally

I bet they wanted cold cash as well. Paying the local government is like paying loan sharks. Legal tender only.

42 posted on 12/31/2004 12:10:27 PM PST by oyez (¡Qué viva la revolución de Reagan!)
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To: AndyJackson

Shouldn't be a day late !!Sounds like dumbing down when grading students.


43 posted on 12/31/2004 12:17:50 PM PST by Renegade
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To: peter the great

Thanks, I'll do that.


44 posted on 12/31/2004 12:18:08 PM PST by Duchess47 ("One day I will leave this world and dream myself to Reality" Crazy Horse)
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To: lawgirl

Providian did the same thing to me with the interest rate. Yes by the way did look at your profile. Wishing you a belated Happy Birthday. Mine was the 24th by the way.


45 posted on 12/31/2004 12:19:18 PM PST by peter the great (Bret Schundler Next Governor of New Jersey)
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To: Uncledave
I still like the hoards of Huns.

Red

46 posted on 12/31/2004 12:19:27 PM PST by Conservative4Ever (Happy New Year....2005)
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To: Uncledave

Bankers - you know. But not all bankers are BANKERS. Some, you'd think, are actually decent people. Tend to be small banks, though. I'm sure there's a Jimmy Stewart/Bailey S&L somewhere out there, even now.


47 posted on 12/31/2004 12:22:49 PM PST by sevry
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To: patton
If the post office looses your payment, and delivers it a week late, do you get kicked up to the default rate?

Yes, which is why I consolidated my credit cards to one (Citibank) and then give them authorization to debit from my checking account for the minimum payment. That way, if my mailed payment (with minimum payment subtracted) fails to arrive on time, to debit will protect me. If they don't take the money out of the bank which I've authorized them to do before the due date, that's THEIR fault, not mine.

I've joined a class action suit against Fleet Bank for their dirty practices regarding credit cards. That's in the settlement phase. Household Bank was another one with shady rules.

Actually, all of these companies have ways to scam you if you don't pay your balance in full or on time every month. You do have to watch the fine print because they've given themselves license to jack up your interest rate at the first sign of concern.

48 posted on 12/31/2004 12:29:45 PM PST by Tall_Texan (Let's REALLY Split The Country! (http://righteverytime3.blogspot.com))
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To: Tall_Texan
I went with the credit union for mine - very small, locally based, I know the folks that run it...

The interest rate is 9%, but with a balance of 3% of the credit line, who cares?

49 posted on 12/31/2004 12:33:22 PM PST by patton (The Louisiana crawfish is disrupting breeding areas for frogs and other amphibians)
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To: ArmedNReady
"Unfortunately, the people who you deal with on the phone are the peons who catch all of the flack because they never allow you to talk to anyone above the phone attendant's immediate supervisor."

And they count on this.

I don't like to deal with these sorts of people, but when I do, I like to win. I make out a battle plan, set the environment (no distractions, no deadlines), plan for entrenchment, and go to war.

I don't (as a rule) take it out on the peons, but I also don't back down. I always take note of who I am talking to (take notes!). When they go to their "final position" (usually defined as "no"), I let the line go dead until they speak....it is unnerving (to them), and a loss of psychological advantage.

I then restate my objection as if I hadn't heard a single thing they had said (I have, but I don't let on that I have). I force them to play my game instead of me playing theirs. When it comes to the inevitable impasse, I calmly ask to speak to their supervisor. Invariably, they will, as per their script, attempt to discourage me. I am the rock, however, and I am tenacious. I frame my questions to them with their name hooked into it: "So Jerry, you're telling me that there isn't anyone available for me to talk to? Are you working by yourself today?"

Never get mad. Never insult. Never threaten! They are trained to deal with you in these respects and, no matter how justified you think you are, it will get you nowhere!

Just remember that these people DON'T OWN THE COMPANY. They make $8 - $10/hr and have lousy work schedules, and worse medical plans, and are generally unhappy in their jobs. Be the rock. Be organized, ready, and determined to achieve what to need to achieve, and I guarantee you can win!
50 posted on 12/31/2004 12:44:22 PM PST by rockrr (You're a foul one, Ms. Grinch!)
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To: Syncro
If you pay on time, you have no trouble with any credit card company.

Part of my problem with Fleet Bank was that no matter how soon I sent off my payment, it magically posted the day *after* my due date so I could be dinged for a late fee. If you then call and complain about the late fee, they will cheerily take off the charge "this time" but you've still been hit with the interest on the higher balance and put your account in jeopardy of having your interest rate jacked.

I listened as they explained they have a very secure payment system that posts payments as soon as they get them and that I should trust their accurate record-keeping. This was the same company who sent me a new card two months after I had closed the account.

After I closed it, I sent letters to the Better Business Bureau and every member of the U.S. House and Senate banking committees. I received several letters and a refund check. But it's all the folks who don't pay attention to their bills that they count on to make their scam profitable. And the government is not going to crack down on them so long as they make sizeable campaign contributuons to your favorite Dems and Pubs.

51 posted on 12/31/2004 12:46:44 PM PST by Tall_Texan (Let's REALLY Split The Country! (http://righteverytime3.blogspot.com))
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To: rockrr

You fight psychologically much the same way I do, though it sounds as if you may be a little more practiced at it. I love the dead air trick.


52 posted on 12/31/2004 12:49:22 PM PST by Still Thinking (Disregard the law of unintended consequences at your own risk.)
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To: Tall_Texan
But it's all the folks who don't pay attention to their bills that they count on to make their scam profitable

That's about all that needs to be said. That is what they depend on.

53 posted on 12/31/2004 12:57:20 PM PST by Syncro
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To: Uncledave

If they are following the terms of the contract, I have no problem. If the AG wants to force them to change the terms (by offering a longer grace period) then they won't be able to offer low rates to people who pay on time.

A system (voluntary, at that) which rewards responsibility and punishes sloppiness seems like a GOOD thing.


54 posted on 12/31/2004 12:57:51 PM PST by Atlas Sneezed (Your Friendly Freeper Patent Attorney)
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To: Still Thinking

I can't help myself - I'm just a dumb Republican ;'}


55 posted on 12/31/2004 1:01:32 PM PST by rockrr (You're a foul one, Ms. Grinch!)
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To: Uncledave

The Minn AG must be a headline seeker. Being an AG used to be a quiet job for an attorney. Now, it's a stepping stone to gov. or higher.

As far as credit card rates, I say let the buyer decide on his or her card and what it has for rates and services. There are so many available, we dont' need an AG to hold our hand when getting one.


56 posted on 12/31/2004 1:34:13 PM PST by RicocheT
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To: Uncledave

We sent in too much money to a plastic company a number of years ago and ended up with a +$10 balance.
Sure enough, a month later we started getting service charges on our 'balance'. That one was actually fun to straighten out.


57 posted on 12/31/2004 1:58:17 PM PST by Balding_Eagle (Liberalism has metastasized into a dangerous neurosis which threatens the nation's security)
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To: Syncro

"And if you pay every month in full, the CC companies refer to you as a "deadbeat" because you get to borrow money for free for 30 dayz."

Most cards are at 25 days and all seem to be moving towards 20 days grace.
What ever happened to usury laws?


58 posted on 12/31/2004 1:59:36 PM PST by PLM
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To: patton
If the post office looses your payment, and delivers it a week late, do you get kicked up to the default rate?

I wouldn't know. I pay online far enough ahead of time that I know if there's a problem well before the due date.

59 posted on 12/31/2004 2:29:35 PM PST by Antonello
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To: Antonello

Ah. Well, if one must carry a credit-card debt, I suppose that is the way to do it.


60 posted on 12/31/2004 2:33:46 PM PST by patton (The Louisiana crawfish is disrupting breeding areas for frogs and other amphibians)
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