26. Apparently believing that Plaintiff, her then-counsel and debt collection in general to be some sort of fanciful and humorous endeavor, Defendant sent its next letter dated August 25, 2009, giving Plaintiff the shock of her life.(PDF, and all emphasis as in original.) Plaintiff apparently was, indeed, behind in her credit card payments. So Capital One sued -- for that $286 million -- but then never showed up to court. Her attorney calls it "terroristic debt collection," and I hope they get punitive damages, too.
27. Defendant's letter dated August 25, 2009 indicated a balance and demanded payment of TWO HUNDRED EIGHTY-SIX MILLION, SIX HUNDRED AND FIFTY-ONE THOUSAND, TWO HUNDRED AND THIRTY-SEVEN DOLLARS ($286,651,237.00) on the Capital One account ending in 3345!! A true and correct copy of the August 25, 2009 letter is attached hereto as Exhibit "F".
[ ... ]
34. Capital One's advertising slogan "what's in your wallet?" is promoted across the media, including television, radio and internet, [trumpeting] the value of its product.
35. Capital One apparently wanted to know not only [what] was in Plaintiff's wallet, but intended to empty her wallet as well.
36. Capital One never placed $286,651,237.00 in Plaintiff's wallet, pocketbook or, bank account.
14 December 2010
Capital One's "terroristic debt collection" lawsuit
Pennsylvania civil procedure requires fact pleading, which is more detailed than the minimal notice pleading you need for most federal civil cases. So here's what you get when you pit a Philadelphia lawyer versus Capital One credit cards in a lawsuit for violation of various provisions of the Pennsylvania Fair Credit Extension Uniformity Act (73 P.S. § 2270.1 et seq.) and Unfair Trade Practices and Consumer Protection Law (73 P.S. §§ 201-1 – 201-9.2):