June 03, 2011 (Press-News.org) The Federal Trade Commission recently held a seminar entitled "Debt Collection 2.0" and among the usual discussions of debt collection was a new topic: "Using Social Media for Debt Collection: Consumer Information, Collector Communications, and Privacy Issues."
Using social media, like Facebook and Twitter for debt collection purposes is something new. Joel Winston of the FTC told MSNBC, "We have received a few complaints about collectors who are using social media to either impersonate the person's friends or otherwise use it for harassment."
Social media may be used by debt collectors for research. Whatever you put on your public site is fair game; however, creditor harassment is not a permissible activity.
"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," Mark Schiffman, director of public affairs for a debt collection trade group, was quoted by MSNBC as saying.
He noted, "These laws are not guidelines: They are laws." And we believe firmly that any debt collector who is breaking the law or not following the rules, deserves to be held accountable for their actions."
Suing the Debt Collector
In Florida, the first court order forbidding a debt collector from using social media for collections was issued in a pending case. Collection agency MarkOne used Melanie Beacham's Facebook account to contact her friends and family members.
She felt her privacy had been violated and that the behavior was pure harassment, an activity that is prohibited by the Fair Debt Collection Practices Act that states, "Debt collectors may not harass, oppress, or abuse you or any third parties they contact."
She had already agreed to a payment plan, and there would have been no reason to contact anyone else, as MarkOne had her phone numbers (home and work), and physical and e-mail addresses.
The court order was consented to by MarkOne, is not an admission of any violation of law and will not be admissible as evidence in the case. The order stops MarkOne from contacting Beacham or her friends via any social network.
The Dangers of Social Media
Social media can be fun and an easy way for you to keep in contact with people. Nevertheless, you should remember that anything that goes on your pages could become public information.
If you are receiving collection calls and letters, you can expect that the collection agency has begun scouring the Internet for your presence.
They would love to know that you just came back from an expensive vacation or went out to eat at an exclusive restaurant. Posting about how much you paid for new clothes might not be a great idea.
In the same way that a divorce attorney can discover a great deal about the other side during a divorce case, debt collectors will also use social networks.
Unsettled Law
Given the newness of this issue, the FTC is still weighing what sort of regulation is necessary.
Some suggest Fair Debt Collection Practices Act should be revised to take into account the newer technologies, like cell phones, text messaging and social networks, none of which existed when the FDCPA was drafted in the 1970s.
Caution is advised in any use of social media, especially if you don't want your newest "friend" to be a debt collector.
Article provided by Law Offices of Robert M. Geller PA
Visit us at www.attorneyfortampabay.com
Are Debt Collectors Your "Friends?" Social Networks and Debt Collection
How may debt collectors use social-media sites to gather information about debtors? May collectors contact debtors through their personal sites? The law is evolving to keep up with technology.
2011-06-03
ELSE PRESS RELEASES FROM THIS DATE:
Antifungal drug delays need for chemo in advanced prostate cancer
2011-06-03
The oral antifungal drug itraconazole, most commonly used to treat nail fungus, may keep prostate cancer from worsening and delay the need for chemotherapy in men with advanced disease. Details of the finding, from a clinical trial led by Johns Hopkins experts, are scheduled for presentation on Saturday, June 4 at the 2011 American Society of Clinical Oncology (ASCO) annual meeting (abstract #4532).
Currently, the drug is approved to treat fungal infections in nails and other organs. Serious side effects can include heart failure, and Johns Hopkins experts caution that ...
Novel 'prodrug' alleviates symptoms in Huntington's and Alzheimer's mice
2011-06-03
A study in a special early online publication of Cell, a Cell Press publication, reveals a promising new slow-release compound that protects mice against the neurodegenerative effects of both Huntington's and Alzheimer's disease. The 'prodrug' known only as JM6 works through a pathway involved in the breakdown of the amino acid tryptophan.
Surprisingly, JM6 delivers those benefits even though it doesn't cross the blood-brain barrier and therefore cannot act directly on the brain.
"Most would have assumed that the drug would have to enter the brain to have an effect," ...
Utah Bicyclists Honor the Fallen in 'Ride of Silence'
2011-06-03
Thousands of events are scheduled across the nation to celebrate the joys and traditions that come with riding bicycles. While most events are geared to welcome spring and summertime activities, some, like the Bike Bonanza in downtown Salt Lake City, promote healthy living and efficiency. Another national event, the Ride of Silence, is dedicated to reminding people about bicycle safety and honoring those killed in bicycle accidents.
Each year since 2003, riders have gathered on the third Wednesday of May to bring awareness to the hazards bicyclists endure from motorists. ...
People who have had head injuries report more violent behavior
2011-06-03
AUDIO:
University of Michigan School of Public Health researcher Stoddard's research shows a link between violent behavior and brain injury in youth.
Click here for more information.
ANN ARBOR, Mich.---Young people who have sustained a head injury during their lifetime are more likely to engage in violent behavior, according to an eight-year study from the University of Michigan School of Public Health.
Further, the research found that young people who suffered a recent ...
Partnership between autism experts, pediatricians identifies toddlers at risk for autism
2011-06-03
(SALT LAKE CITY)—Parents and health care providers can't always tell whether toddlers display signs of autism syndrome disorder (ASD), but new research from the University of Utah shows that a significant portion of at-risk children between 14-24 months can be identified through systematic screening by autism experts and providers working together.
Identifying children with ASD as young as possible is critical for the early intervention that can improve their lives and ability to function in the world. But a systematic way to do that has not been established, according ...
Study finds copper proves effective against new E. coli strains
2011-06-03
As the World Health Organisation suggests the E. coli outbreak in Germany is a strain never before seen in an outbreak – O104:H4 – laboratory science conducted at the University of Southampton indicates a role for copper in preventing the spread of such infections.
Professor Bill Keevil, Head of the Microbiology Group and Director of the Environmental Healthcare Unit at the University of Southampton, explains: "A study looking at copper's efficacy against new strains of E. coli has just been completed. Although it did not specifically look at O104, all the strains investigated ...
UofL researchers uncover mechanism in saliva production
2011-06-03
LOUISVILLE, Ky. – University of Louisville researchers are one step closer to helping millions of people whose salivary glands no longer work because of disease or damage from treatment of diseases.
The scientific finding of Douglas Darling, PhD, professor, Department of Oral Health and Rehabilitation, UofL School of Dentistry, and his team identified a protein sorting mechanism used by the salivary gland. The National Institutes of Health supported study published on-line first this week in the Journal of Dental Research.
The scientific discovery could form the ...
Scripps Research scientists find way to block stress-related cell death
2011-06-03
Scientists from the Florida campus of The Scripps Research Institute have uncovered a potentially important new therapeutic target that could prevent stress-related cell death, a characteristic of neurodegenerative diseases such as Parkinson's, as well as heart attack and stroke.
In the study, published recently in the journal ACS Chemical Biology, the scientists showed they could disrupt a specific interaction of a critical enzyme that would prevent cell death without harming other important enzyme functions.
The enzyme in question is c-jun-N-terminal kinase (JNK), ...
Wrong-Site Surgery: What Is It and Why Does It Happen?
2011-06-03
Wrong-site surgery is a one of the most preventable forms of medical malpractice because it is so unnecessary. It indicates sloppiness in procedure and a level of inattention to detail you would hope to never find in a surgeon or their staff.
While there are often explanations, there is never any excuse. It might be excusable in an emergency military hospital, with surgeons operating under a crush of battle injured patients, but it should simply never occur in a modern hospital.
A statement from the website of the American Academy of Orthopaedic Surgeons notes: "Wrong-site ...
Reforms needed for compassionate release of prison inmates
2011-06-03
The nation's system of freeing some terminally ill prisoners on grounds of compassionate release is so riddled with medical flaws and procedural barriers that many potentially medically eligible inmates are dying behind bars, say UCSF researchers in a new study.
The research, which calls for an overhaul of current practices, is published online this week in Annals of Internal Medicine.
"Current compassionate release guidelines are failing to identify seriously ill prisoners who no longer pose a threat to society, placing huge financial burdens on state budgets and contributing ...
LAST 30 PRESS RELEASES:
Einstein Probe releases its Science White Paper
Music-based therapy may improve depressive symptoms in people with dementia
No evidence that substituting NHS doctors with physician associates is necessarily safe
At-home brain speed tests bridge cognitive data gaps
CRF appoints Josep Rodés-Cabau, M.D., Ph.D., as editor-in-chief of structural heart: the journal of the heart team
Violent crime is indeed a root cause of migration, according to new study
Customized smartphone app shows promise in preventing further cognitive decline among older adults diagnosed with mild impairment
Impact of COVID-19 on education not going away, UM study finds
School of Public Health researchers receive National Academies grant to assess environmental conditions in two Houston neighborhoods
Three Speculum articles recognized with prizes
ACM A.M. Turing Award honors two researchers who led the development of cornerstone AI technology
Incarcerated people are disproportionately impacted by climate change, CU doctors say
ESA 2025 Graduate Student Policy Award Cohort Named
Insomnia, lack of sleep linked to high blood pressure in teens
Heart & stroke risks vary among Asian American, Native Hawaiian & Pacific Islander adults
Levels of select vitamins & minerals in pregnancy may be linked to lower midlife BP risk
Large study of dietary habits suggests more plant oils, less butter could lead to better health
Butter and plant-based oils intake and mortality
20% of butterflies in the U.S. have disappeared since 2000
Bacterial ‘jumping genes’ can target and control chromosome ends
Scientists identify genes that make humans and Labradors more likely to become obese
Early-life gut microbes may protect against diabetes, research in mice suggests
Study raises the possibility of a country without butterflies
Study reveals obesity gene in dogs that is relevant to human obesity studies
A rapid decline in US butterfly populations
Indigenous farming practices have shaped manioc’s genetic diversity for millennia
Controlling electrons in molecules at ultrafast timescales
Tropical forests in the Americas are struggling to keep pace with climate change
Brain mapping unlocks key Alzheimer’s insights
Clinical trial tests novel stem-cell treatment for Parkinson’s disease
[Press-News.org] Are Debt Collectors Your "Friends?" Social Networks and Debt CollectionHow may debt collectors use social-media sites to gather information about debtors? May collectors contact debtors through their personal sites? The law is evolving to keep up with technology.