Be Aware of How Debt Collectors Are Using Social Media to Collect
Debt collectors have started to use information on social media sites such as Facebook and MySpace to try to collect money from people.
September 19, 2012
As social media becomes more ubiquitous in daily life, the information that people put online is beginning to affect their lives in ways they may not have anticipated. Debt collectors have started to use information on social media websites such as Facebook and Twitter to try to collect money from people. While the law limits what debt collectors can do when attempting to collect a debt, not all debt collectors follow the law, and debt collectors can make a lot use of the information they find on social media sites while still following the law. People can prevent creditors from using information online against them, however.Laws Governing Debt Collectors' Actions
The Fair Debt Collection Practices Act, a federal law regulating debt collection, does not specifically discuss social media use. However, the law is clear that debt collectors may not harass or threaten people or talk to third parties about a person's debt. This means that debt collectors may not post information about debts on people's Facebook pages or send tweets about debts people owe. Collectors also may not contact people's online connections to discuss the debt.
People have reported that some debt collectors have been harassing them on social media sites, despite the legal prohibitions on such behaviors. Consumers have filed complaints alleging that creditors have harassed them on social media sites -- even though the collectors had other means of contacting them -- in an effort to publicly humiliate them. Some collectors have even created fake profiles and requested to connect with people in order to collect information on debtors.
What Creditors Can Do
Creditors can use social media sites to do research in some cases. If the collector does not have accurate contact information, the collector can search information posted publically on social media sites to try to locate a debtor. Collectors can also look to see if a person is posting pictures of new purchases or expensive vacations to see if there are assets the collector can obtain through a court judgment.
Preventing Creditor Harassment on Social Media Sites
People can take some steps to protect themselves from creditor harassment on social media sites, including:
-Using the highest privacy settings possible on social media accounts
-Refusing friend requests from strangers, as they may be debt collectors
-Being careful about what information gets posted online
Consult an Attorney
If you are overwhelmed by debt and facing creditor harassment, contact a seasoned debt relief attorney who can discuss your options with you.
Article provided by Wyatt & Gracey, PC
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