the state you live in and the state Capital One is in, I have to ask if you informed Mr. John that you too were recording the conversation. I think those laws vary from state to state.

If you did not obtain permission to record it yourself, the information would be inadmissible and your "verbal contract" would be null and void.

And I don't know that you can file small claims torts against major corporations. Furthermore, why would you want to? Their lawyers will bury you.

But I'm with Red on this one. You may not believe it, but if you were already over the limit, they did you a favor.