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Can a Debt Collector Contact me on Facebook?

Posted on March 30, 2022by Admin

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.

Cambridge Analytica to File for Bankruptcy After Misuse of Facebook Data

Posted on May 4, 2018by Admin

Cambridge Analytica, the political consulting firm that has found itself in a firestorm of controversy recently, announced on Wednesday that it would be closing operations and filing for bankruptcy. This announcement comes after the company has been the focus of political scrutiny due its business practices and the part it has allegedly played in the presidential campaign of Donald J. Trump.

For those who are not already aware of the scandal, it was discovered two months ago that Cambridge Analytica and Facebook were involved in the compromise of personal information of about 87 million individuals. It was alleged that this personal information was given to Russian bots or other companies and individuals who were a part of creating propaganda to help influence the Presidential election.

In a statement, Cambridge Analytica said the controversy had driven away essentially all of its customers, resulting in having to file for bankruptcy in both the United States and Britain. It will also be shutting down the elections division of SCL Group, the Cambridge British affiliate.

However, now that the announcement has been made, many are questioning who will hold the company’s intellectual property, which includes the voter profiles that were a part of the data release from Facebook. Where will this information go now that the company is no longer in business?

The company said it conducted its own independent investigation, results of which were released on Wednesday. In its results, Cambridge Analytica seemed to downplay the assertions that were made by former employees about how it acquired the data from Facebook, and the information also downplayed the role Christopher Wylie, the contractor who ended up being the whistle-blower on the whole deal, calling the role Wylie played “very modest.”

Cambridge Analytica is financially backed by a wealthy Republican donor, Robert Mercer, who is said to have invested at least $15 million of his money in the company. The company has been said to have offered tools to help identify the personalities of the typical American voter and ways to influence their behavior. These techniques were what led the company’s work for the Trump campaign, as well as other candidates in the 2014 and 2016 elections. It was the help these techniques gave to the Trump campaign, however, which has brought the company under such scrutiny, scrutiny that has apparently led to the company’s financial downfall.

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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 attorneywho 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

Bankruptcy Law, Credit, Timothy Kingcade Posts

Debt Collectors Using Social Media to Track down Consumers

Posted on July 1, 2014by Admin

After dodging collection calls for more than 10 years, a Brighton Heights man said his experience with a third-party collection agency went from annoying to cyber stalking. He said his student loan debt ballooned from around $80,000 to $270,000 following years without payment. In 2012, he hired an attorney and an accountant to help him set up a payment plan. He believed the worst was behind him.

This was until a picture taken at Regent Square restaurant Square Café with PBS personality Rick Sebak was posted on Facebook and shared with more than 5,000 people. Within days, a person who was looking for him contacted the Square Café and left a number that traced back to the collection agency, Windham Professionals, Inc.

The laws outlined in the Fair Debt Collections Practices Act of 1977 apply to collection attempts made through digital media (i.e. – text messaging and social media). Full and honest disclosure of identity and the intent to collect a debt is mandatory for collection agencies.

The act prohibits the following:
• Contacting third parties without prior consent from the debtor or a court unless they are seeking location information for the debtor;
• It bans disclosing debt obligations to third parties;
• Contacting debtors BEFORE 8 a.m. and after 9 p.m.;
• Directly contacting consumers who have attorneys handling the debt (i.e. – bankruptcy attorney);
• Making false or misleading statements;
• Using obscene or profane language;
• Using threats of violence to collect.

Debt collectors who violate these provisions can face fines of up to $1,000 per violation- money that goes directly to the debtor.
If the debt collector in fact researched Square Café by becoming friends with the Brighton Heights man on Facebook under false pretenses or by connecting with the debtor’s friends under false pretenses and without prior consent, the company is in violation of the Fair Debt Collections Practices Act.

Recently, the Consumer Financial Protection Bureau clarified debt collection rules, including proposed guidance to financial institutions warning that the debt collection act also applies to digital forms of communication, including text messaging and social media.

It is important that consumers check their credit reports at AnnualCreditReport.com to ensure the debt being reported is what is being collected and to know their rights.

A 2014 report says last year the commission received 204,464 debt collection complaints, up from 202,616 in 2012. Thirty-eight percent involved collectors misrepresenting the type of debt, amount or status; 19.7 percent were failure to identify as a debt collector and 16.6 percent involved repeated calls to third parties.

If you are in a 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, P.A. 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 website at http://www.miamibankruptcy.com.