Capital One is in trouble because they have once more raised credit interest rates without informing customers. A judge earlier this year thought the case saying Capital One has broken the Truth in Lending act was not worth his time and dismissed it. The lawsuit was then reinstated July 22 by the 9th Circuit. Now there are credit card rules making it illegal to raise credit card rates without informing consumers. Source for this article – Capital One sued yet again for deceptive interest rate increases by Personal Money Store.
Capital One class action suit
The Capital One class action lawsuit accuses the credit card business of unfair competition and deceptive lending for raising credit card interest rates without giving consumers “clear and conspicuous” warnings. Raquel Rubio, the Courthouse News Service reports, saw her interest rate suddenly double although she had been an excellent consumer that always complied with the contract.
Capital One can lie
Rubio sued Capital One for breach of contract, violation of the Truth In Lending Act and unfair competition. Capital one does state they can change the rates and fees which is why the first judge dismissed the suit. Capital One is able to “amend or change any part of your Agreement, including periodic rates and other charges, or add or remove requirements … at any time.”
Capital One cheats with fine print
The Capital One class action suit was brought back with a simple appeal. ”Fixed” can’t be used by Capital One if the rates change according to a three judge panel. Reuters reports that Rubio had accepted a February 2004 mail solicitation from Capital One that offered a credit card with a 6.99 percent rate on balance transfers and purchases. The solicitation involved a required table that said in 10-point type the rate could rise if Rubio missed a payment, exceeded her credit limit or had a payment returned. ”At any time” Rubio was allowed to “amend or change” the agreement she had from capital one as outlined by the form she received the month after receiving the offer which said “subject to change” on it. 15.99 percent became the rate Rubio had to pay as of August 2007 although she hadn’t broken the Capital One agreement.
More information on this topic
Courthouse News Service
courthousenews.com/2010/07/22/29062.htm
Reuters
reuters.com/article/idUSN2116752120100721
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