Can I take legal action against a credit card issuer if they close my account over something for which I have no control?

UPDATED: Jun 16, 2011

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Can I take legal action against a credit card issuer if they close my account over something for which I have no control?

My credit card company is threatening to close my account within 5 business days if I fail to fax them over my 2010 tax information. I’ve been trying for the last 2 days but their fax is always busy or off the hook. If I can’t send them my tax information and they close my accounts, it would not be my fault for I’ve done my part. I feel I would be in the right. And I would like to know could I take legal action once they close my accounts because I cannot fax them what they need?

Asked on June 16, 2011 under General Practice, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, it doesn't matter if you think you'd be in the right; what matters is whether they have the power to do this. You need to refer to your agreement with them, and see what information they may request, under what circumstances. You can also ask the credit card company to tell you under what grounds--i.e. relating to what term of the agreement--they are requesting this information. If under the agreement, they have the right to ask for it, you must provide it or else you're in breach of your agreement and they could close the account.

Also, ask for an alternate way to send it to them--can you fed ex (you can get it there overnight and prove delivery) or express mail (same, if you get delivery confirmation)? Could you scan and PDF the return, then email it? If you're willing to provide it, just find out how to get  it to them.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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