Debt Collection and Social Media: What are My Rights?

If you do not already know that the federal Fair Debt Collection Practices Act (FDCPA) provides protections for consumers who are facing debt collection, now you know. The FDCPA prohibits various types of behavior and debt collection strategies by creditors and debt collection companies, including lying to consumers about debts they owe, making certain kinds of threats when contacting debtors, and even contacting debtors at odd hours of the day. These are just a few examples of some of the protections provided through the FDCPA. Yet the FDCPA does not explicitly address debt collection methods via social media, and the federal government recently changed the rules pertaining to social media use and debt collection strategies.

As a report from ABC News explains, you still have rights under the FDCPA when it comes to debt collection methods and strategies, but you may not be able to prevent debt collectors from using social media or other forms of electronic communication to reach you. We want to explain in more detail.

Debt Collectors can Contact Debtors Through Social Media

Starting next year, debt collectors will be able to make contact with debtors through social media platforms, including Facebook, Twitter, Instagram, and even Snapchat. New rules from the Consumer Financial Protection Bureau will “allow collection agencies to send text messages, email, and direct messages to your accounts,” according to the ABC News report.

Debt Collectors can Use Information Contained in Your Social Media Accounts

In addition to making contact with debtors through direct messaging on social media platforms, debt collectors may be able to use information you post on your social media profiles. As such, it is important for debtors to be careful when posting anything on social media, recognizing that a debt collector may be able to access and use the information.

Know Your Rights

Even though federal rules have changed and will take effect next year, you still have rights as a debtor and consumer. You should know that a legitimate debt collector will never ask you to provide your date of birth or Social Security number over the phone. Anyone who requests such information could be a scammer. In addition, the FDCPA prohibits debt collectors from doing any of the following:
  • Threatening to file a lawsuit against you;
  • Threatening to have you arrested;
  • Threatening to publicize your debts and/or your identity as a debtor;
  • Continuing to contact you at your place of employment once you request that calls to that number stop;
  • Continuing to call you at certain times of the day after you have requested that calls before or after a certain hour must stop; and
  • Continuing to contact you on social media (once the new rules take effect) if you opt out of social media contact.
Contact an Oak Park Consumer Protection Attorney Today

If you need help with debt or handling an abusive debt collection company, one of the experienced Oak Park consumer protection lawyers at our firm can speak with you today. We can talk you through bankruptcy options if you are struggling with debt, and we can also discuss the possibility of holding a debt collector accountable under the FDCPA. Contact the Emerson Law Firm for more information.


See Related Blog Posts:
Consumer Bankruptcy Myths: Part II
What Can I do to Improve My Credit After Bankruptcy?

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