Debt collectors will resort to any tactic possible to contact a consumer regarding an outstanding debt. Traditionally, these communications have come in the form of phone calls or letters, but as technology has advanced, text and email communication have become a common way of reaching consumers. Debt collectors are also resorting to tracking people down through their social media accounts.
A federal agency issued a new rule that allows debt collectors to contact people by email, text message, and social media platforms, including Twitter, Facebook, and Instagram.
When these new rules were put into place, many consumers were concerned about just how far the debt collector could go in terms of contacting the consumer.
The Consumer Financial Protection Bureau (CFPB) clarified that if a debt collector uses social media to contact a consumer, they must do so privately. Communications cannot be made public so that the consumer’s friends see them. Further, the debt collector must identify who they are when communicating with the consumer. They may not pose as something or someone else to trick the consumer.
The consumer must also be able to request that they stop receiving these messages, just as they would with phone communications. If the debt collector contacts the consumer through social media, the consumer has the right to request that the person cease communications with him or her.
Additionally, if a debt collector contacts the consumer more than seven times in a week, whether it be through phone calls, emails, or social media communication, this can be considered harassment and a violation of the Fair Debt Collection Practices Act (FDCPA).
The consumer also has the right to request that the consumer provide him or her with certain information regarding the debt, including the name and mailing information for the debt collector, the name of the original creditor, the account number, an itemized amount of what is owed, and guidance on how the consumer can dispute the debt.
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If you have questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.
