Debt Collectors and Social Media


Can debt collectors use Facebook and other social media platforms to track down delinquent borrowers?  In short, as long as they’re not harassing consumers, debt collection agencies are permitted to make use of social media to “locate people or see if there are any assets that might be collectable,” according to the Federal Trade Commission (FTC).
However, just because it’s permissible in some instances doesn’t mean that debt collectors are always abiding by the terms of the Fair Debt Collection Practices Act (FDCPA) when they decide to use social media.  A report in NBC News discusses intensifying debt collecting practices in our ever-expanding modes of technological communication.  In an article in the Pittsburgh Tribune-Review, Mark Schiffman, a spokesperson for ACA International, pointed out that “the world communicates a whole lot differently today.”
Are you being harassed by debt collectors on LinkedIn, Facebook, or other social media platforms?  You may be a victim of unfair or abusive debt practices.  It’s never too early to schedule a consultation with an experienced Illinois consumer lawyer to discuss your case.
Harassment Through Social Media
According to the article in NBC News, social media outlets like Twitter, LinkedIn, and Facebook can be “a powerful way to badger someone.”  Collection companies can post messages on Facebook walls and LinkedIn profiles, alerting anyone with access that you’re delinquent on one of your debts.  But this isn’t allowed under the FDCPA.
One consumer protection lawyer explains that many debt collection agencies know that social media can be a “dangerous weapon,” and they use these outlets “to deliberately harass people.”  Why?  Posting messages about debts for almost anyone on the internet to see—including friends, family, work associates, and even potential clients—can significantly damage a person’s reputation and livelihood.  Indeed, many debtors who have been harassed through social media have quickly paid their debts.  As such, many collection companies know they’re more likely to be paid using these methods.
For instance, one Tampa, Florida woman, Melanie Beacham, couldn’t make her car payments of $362 each month.  A debt collection company, MarkOne Financial, tried several different methods to collect the debt, including phone calls, emails, and text messages.  When MarkOne couldn’t reach Beacham through traditional methods, it began contacting her friends and family through Facebook.
According to Schiffman, “You can’t write on someone’s wall on Facebook.  You can’t harass.  You can’t threaten.  The laws are pretty clear in that regard.”
In Some Cases, Debt Collection Via Social Media is Legal
Even though contact through social media can seem harassing in nearly all cases, it’s important to remember that debt collectors are allowed to use Internet resources to find information about debtors and their abilities to pay what they owe.  So, for instance, it’s permissible for a debt collector to use public information contained in your Facebook or LinkedIn profile, such as your contact info, to track you down.  And if you post photos of expensive items on Facebook, such as a fancy new car, after telling the debt collector that you can’t pay, you can be liable in court.
But should policy dictate that social media is off limits?  The Consumer Financial Protection Bureau (CFPB) is considering proposing new rules and wants input from consumers about their experiences with debt collection.  It may be time to “modernize existing measures” in order to keep up with the fast pace of technological innovation, according to Richard Cordray, the CFPB director.
If you have been harassed by a debt collector, it is essential to seek legal counsel.  Contact the experienced Chicago consumer protection lawyers at the Emerson Law Firm today.
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