27 October 2014

Debtors and Social Media

Social Media sites like Facebook, Twitter, and LinkedIn are more public than private. If you decide to communicate with the debtor this way you are taking a huge risk, as this is a Third Party Disclosure, and almost a guaranteed violation. And who wants that?!

The Fair Debt Collections Practice Act:
(15 U.S.C. 1692E – False or Misleading Representations) The issue is: “A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.” You cannot friend request someone in the hopes to collect a debt. You can use Social Media to help find the consumer, you just cannot communicate with them (ie. NO INSTANT MESSAGING and NO COLLECTION NOTICES through their email.)

If you are trying to locate an Employer for the Debtor, you can type in the name of the business in either Google or Facebook. If their names appear on their page or in a Google Search you are allowed to then contact them. You did not communicate with them directly, but their information is public.

It is in the best interest of the Collector to stay away from Social Media in communicating with the Debtor until the law allows us to.

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