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In reply to the discussion: Capital One's new contract says it can show up at cardholders' homes, workplaces [View all]BlueCaliDem
(15,438 posts)or absolve them from adhering to those laws - something they agreed to abide by when they began the business of issuing credit cards.
If you tell them in writing that you are not allowed to have personal phone calls and personal visits at work, they must abide by that or they'll be in violation of the Rosenthal FDCPA. As the original creditor, they don't have to (but usually do) honor your request not to contact you at work in whichever way. However, in California, they can be sued if they ignore your request to not be contacted at work.
My post addressed the Rosenthal Fair Debt Collection Practices Act which is only valid in California. Most States don't have their own FDCPA; one that includes the original creditor as well as third party collection agencies. In California, being the original creditor doesn't protect them against a lawsuit should they violate your rights under the law when they're in the process of debt collection.
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