Capital One Repeated Credit Offers to Deceased Spouse FCRA Class Action

When a person’s spouse dies, does that person have the right to be left undisturbed by mail solicitations for credit cards for the deceased spouse? The complaint for this class action claims that the Fair Credit Reporting Act (FCRA), the Wisconsin statutory Right of Privacy, and common law all say yes. It brings suit against Capital One Bank (USA), NA for obtaining credit information under false pretenses and for sending repeated pre-screened credit offers even after it was requested to stop.

Plaintiff Alfred Knox lost his wife Gloria Knox around January 1, 2009.

While he was still grieving, Knox began to receive mailing from Capital One addressed to his deceased wife, offering her a credit card. offers. The complaint claims that Knox was “distressed and distraught to receive these offers of credit in mail addressed to Ms. Knox.”

The mailings included a number for the National Consumer Opt-Out Hotline. The hotline’s purpose, the complaint says, is to let consumers “elect to have the consumer’s name and address excluded from any list provided by a consumer reporting agency in connection with a credit or insurance transaction that is not initiated by the consumer and stop receiving firm offers of credit or insurance that are not initiated by the consumer.” The hotline is jointly maintained by the three main credit reporting agencies (CRAs), Equifax, Experian, and TransUnion.

Knox called this national hotline in 2017 and asked that solicitations for his wife be discontinued because she was deceased.

The complaint says, “Upon information and belief, the credit reports that The Three CRAs provided to Capital One stated that Gloria Knox was deceased.”

Around March 2018, the complaint claims, “after receiving what he estimated to be hundreds of these solicitations purporting to offer credit to his deceased spouse, [Knox] contacted Capital One by telephone to advise Capital One that Ms. Knox had passed away…” The representative apologized and said that the offers would stop. However, they continued to arrive.

Also, in the summer of 2018, Capital One made two telephone calls to Knox. Each time, Knox told them his wife was deceased and asked them to stop their solicitations. Still, he continued to receive the solicitations addressed to his wife, sometimes as often as four times a week.

The complaint alleges, “Capital One acted with blatant, intentional, and willful disregard in obtaining Ms. Knox’s credit information from consumer reporting agencies…”

The class for this action is

  • All natural persons in the USA
  • Who contacted the national Opt Out hotline,
  • To request that Capital One cease mailing prescreened offers of credit and insurance to them or to third parties on whose behalf they are authorized to act, including those for whom they are the legal parent, guardian, executor, administrator, and
  • To whom Capital One continued to send prescreened offers of credit and insurance to the person’s address
  • Which were mailed between September 9, 2018 and September 9, 2020.
Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Capital One Repeated Credit Offers to Deceased Spouse FCRA Complaint

September 9, 2020

When a person’s spouse dies, does that person have the right to be left undisturbed by mail solicitations for credit cards for the deceased spouse? The complaint for this class action claims that the Fair Credit Reporting Act (FCRA), the Wisconsin statutory Right of Privacy, and common law all say yes. It brings suit against Capital One Bank (USA), NA for obtaining credit information under false pretenses and for sending repeated pre-screened credit offers even after it was requested to stop.

Capital One Repeated Credit Offers to Deceased Spouse FCRA Complaint

Case Event History

Capital One Repeated Credit Offers to Deceased Spouse FCRA Complaint

September 9, 2020

When a person’s spouse dies, does that person have the right to be left undisturbed by mail solicitations for credit cards for the deceased spouse? The complaint for this class action claims that the Fair Credit Reporting Act (FCRA), the Wisconsin statutory Right of Privacy, and common law all say yes. It brings suit against Capital One Bank (USA), NA for obtaining credit information under false pretenses and for sending repeated pre-screened credit offers even after it was requested to stop.

Capital One Repeated Credit Offers to Deceased Spouse FCRA Complaint
Tags: FCRA, No permissible purpose for request for report, Your Privacy