Debt Collectors Can Contact You on Social Media
When you are being contacted by debt collectors, regardless of whether or not you owe the debt the collector is seeking, it is essential to know that you have rights as a consumer. Indeed, the Fair Debt Collection Practices Act (FDCPA) provides numerous protections to consumers, including protections against harassment from debt collectors, fraudulent or deceptive debt collection practices, and contact at odd hours of the day or at your place of employment. However, new rules that have been approved by the Consumer Financial Protection Bureau (CFPB) allow debt collectors to make more forms of contact. Those rules recently took effect, according to an NPR report. Our Oak Park consumer protection attorneys want to say more about the rules, what you should expect, and how to get help if you are facing unfair debt collection practices.
Debt Collectors Can Make Contact through Social Media and Other Sources
Have you noticed a new follower on Instagram, or a new friend request on Facebook? Believe it or not, that new follower could be a debt collector, as the NPR report explains. On Tuesday, November 30, new debt collector rules took effect that give debtors more abilities to make contact with you. Indeed, debt collectors are now permitted to send you emails and texts, and to send you direct messages on social media sites like Instagram, Twitter, and Facebook.
When a debt collector makes contact on social media, the new rules require that the debt collector identify themselves properly, but the rules do not prevent a debt collector from following you on social media, sending you friend requests, or otherwise making contact. However, debt collectors are required to give you the ability to “opt out of being contacted online,” according to NPR, and they need to stick to private messages. To be clear, NPR reports, “collectors can’t post on your page if it can be seen by your contracts or the public.” If a debt collector does begin posting on one of your social media accounts, you may be able to file a claim under the FDCPA.
Similar to the opt-out option for social media and online contact, debtors can also “opt out” of being contacted by debt collectors via email or text.
Why the CFPB Made the Changes
Why did the CFPB institute these changes? According to former CFPB director Kathleen L. Kraninger, one of the people behind the recent changes, “we are finally leaving 1977 behind and developing a debt collection system that works for consumers and industry in the modern world.” Debt collectors are pleased with the changes, as well. According to Mark Neeb, the CEO of ACA International, which is a trade association for debt collectors, “consumers in the collections process deserve to be on a level playing field with others in the financial services marketplace with recognition of their preference to use email and text messaging over other outdated methods, such as faxes as outlined in the current law.”
Yet consumer protection advocates argue that the changes are damaging to consumers. Many people with debt do not regularly check their social media accounts, so they could miss a communication from a debt collector for days, weeks, or even months. Consumer protection advocates also fear that these rule changes will result in more scams being conducted electronically and through social media.
Contact a Consumer Protection Lawyer in Oak Park
If a debt collector violates the new rules, you may be able to file a claim under the FDCPA. One of our experienced Oak Park consumer protection lawyers can speak with you today about your rights and can evaluate your case. Contact the Emerson Law Firm to learn more.
See Related Blog Posts:
What is the 180-Day Rule?
Illinois Federal Judges Rule on FDCPA Violations and Injuries
Debt Collectors Can Make Contact through Social Media and Other Sources
Have you noticed a new follower on Instagram, or a new friend request on Facebook? Believe it or not, that new follower could be a debt collector, as the NPR report explains. On Tuesday, November 30, new debt collector rules took effect that give debtors more abilities to make contact with you. Indeed, debt collectors are now permitted to send you emails and texts, and to send you direct messages on social media sites like Instagram, Twitter, and Facebook.
When a debt collector makes contact on social media, the new rules require that the debt collector identify themselves properly, but the rules do not prevent a debt collector from following you on social media, sending you friend requests, or otherwise making contact. However, debt collectors are required to give you the ability to “opt out of being contacted online,” according to NPR, and they need to stick to private messages. To be clear, NPR reports, “collectors can’t post on your page if it can be seen by your contracts or the public.” If a debt collector does begin posting on one of your social media accounts, you may be able to file a claim under the FDCPA.
Similar to the opt-out option for social media and online contact, debtors can also “opt out” of being contacted by debt collectors via email or text.
Why the CFPB Made the Changes
Why did the CFPB institute these changes? According to former CFPB director Kathleen L. Kraninger, one of the people behind the recent changes, “we are finally leaving 1977 behind and developing a debt collection system that works for consumers and industry in the modern world.” Debt collectors are pleased with the changes, as well. According to Mark Neeb, the CEO of ACA International, which is a trade association for debt collectors, “consumers in the collections process deserve to be on a level playing field with others in the financial services marketplace with recognition of their preference to use email and text messaging over other outdated methods, such as faxes as outlined in the current law.”
Yet consumer protection advocates argue that the changes are damaging to consumers. Many people with debt do not regularly check their social media accounts, so they could miss a communication from a debt collector for days, weeks, or even months. Consumer protection advocates also fear that these rule changes will result in more scams being conducted electronically and through social media.
Contact a Consumer Protection Lawyer in Oak Park
If a debt collector violates the new rules, you may be able to file a claim under the FDCPA. One of our experienced Oak Park consumer protection lawyers can speak with you today about your rights and can evaluate your case. Contact the Emerson Law Firm to learn more.
See Related Blog Posts:
What is the 180-Day Rule?
Illinois Federal Judges Rule on FDCPA Violations and Injuries
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