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Can Debt Collectors Use Social Media?

can debt collectors use social media

Yes, debt collectors can now resort to social media. According to the Washington Post, recent decisions related to debt have permitted collection agencies to use social media for overdue payments. This recent development may indicate that millions of people could be surprised by debt collectors sending them friend requests, emails, direct messages, and text messages when they least suspect it.

This new social media communication tool for debt collectors results from new regulations issued by the Consumer Financial Protection Bureau to the Fair Debt Collection Practices Act (FDCPA). The new regulations went into effect on November 30, 2021.  In crafting these new regulations, the Consumer Financial Protection Bureau (CFPB) worked closely with business communities, and their goal was to “modernize” legal practices related to debt collection.

Debt Collectors Are Excited For New Opportunitues

The collection industry is excited for the update, arguing that personal methods of communication are becoming more popular and convenient for all. But it also opens up the country to a whole new form of debt collection harassment.

Actions have been taken to enforce the new rule to prevent potentially malicious collection practices. Debt collectors must contact individuals privately via messenger and make it clear that they’re gathering money from a said debtor. They cannot make a public post about the debt or share it publicly with your friends and followers. Subterfuge is against the rules, and they must allow the debtor to opt-out of communication via social media.

Unfortunately, this doesn’t guarantee complete security from fraudulent activity. Illegal operations can lead to unethical and humiliating methods of collection. Consumers need to be aware of “zombie debts,” an unlawful method of collection that uses expired debts to scam money off of debtors. Zombie debt can happen when consumers don’t realize that their debt has passed its time limit. Statutes of limitations are different for every state, so it’s important to evaluate the debt collection laws within your area. 

Abusive Debt Collection Practices Are Illegal

As of now, abusive debt collection practices are illegal, regardless of the contact method. Unfortunately, the established rules will be useless if they’re not enforced. There’s still a high risk for anyone to experience fraudulent debt collection practices, especially with the ability to contact people via social media. In the meantime, consumers need to be wary of unprofessional messages or friend requests.

If you’ve already experienced unethical debt collection practices, it’s important to get help.

As experienced consumer protection lawyers and credit card debt attorneys, we’re here to assist you with the entire process of ceasing debt collection harassment and battling to remove and correct errors on your credit reports. 

Don’t wait to get the support you need; call and get help from us today.