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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.


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