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Author: Sergei Lemberg
Can a Debt Collector Contact Me on Social Media?
![Debt Collector Social Media Contact]()
General Rule: Yes, a debt collector can contact you on social media. However, there are certain rules they must follow when they communicate in this manner.
When a collection agency receives a debt they are now responsible for collection efforts. As a result, they are free to communicate with you in an attempt to collect that debt. There are many different ways in which a collection agency may communicate with you.
While a debt collector can communicate with you through various mediums, there are rules they must follow. The Fair Debt Collection Practices Act (FDCPA) dictates these specific rules on communication. This includes their ability to contact you through social media.
While a collection agency may contact you through social media, there are restrictions on how they can do this. This article will detail the specific requirements for communications through social media. In addition, you will learn how to respond if you receive any illegal communications through social media.
Rules for Communicating About a Debt Through Social Media
While a collection agency can contact you through social media, there are certain rules they must follow. These rules are as follows:
- The collection agency must communicate the message privately. When a collection agency communicates with you on social media, they must do so privately. If the public can view the message in any way it is a violation of the FDCPA. This includes even when only family and friends can view the message.
- They must provide appropriate identification. A collection agency must identify that they are a debt collector. In addition, they must give the name of the collection agency.
- The message must include an opt-out notice. If a collection agency sends you a message on social media, it must give you a way to opt-out. This option to opt-out must be simple and straightforward. Once received a collection agency can no longer communicate with you through social media.
These rules under the FDCPA are specifically for communications from third-party debt collectors. An original creditor is not bound by these requirements when communicating with you.
Communication and the FDCPA
Much of the FDCPA concerns how a collection agency communicates with a consumer. The other rules of communication also apply to messages through social media. That means that they must not contain profane or obscene language meant to harass. They also cannot contain any type of threat.
Social media communications must also be free of any type of deception. This includes misrepresentation about the debt and who they are.
The one major exception to the communication rules is timing. Unlike phone calls, a collection agency is free to send a message over social media at any time of the day.
How to Respond to Illegal Communication on Social Media
If a collection agency violates your rights when contacting you via social media, you have a way to stop them. Here are options you can take to put a stop to it:
- Cease-and-desist letter. A cease-and-desist letter requires a collection agency to stop all communications with you. If a collection agency continues to contact you, they risk further violations under the FDCPA.
- Federal Agency Complaint. You can submit FDCPA violations to the Federal Trade Commission (FTC). You can submit general consumer complaints about the collection agency to the Consumer Financial Protection Bureau (CFPB).
- Lawsuit. You can file a lawsuit to put any continued violations to a stop. If successful a court will award you statutory damages (up to $1,000), compensation for any loss and court costs.
- Settlement Options. With proof of a violation, you may convince a collection agency to settle your debt at a discount. The alternative is they may face legal repercussions.
What if they are contacting me for a debt that is not yours or the wrong amount? In that case, you will also want to dispute the debt. You should dispute a debt in writing by certified mail. Also, keep a copy for your records.
Conclusion
A debt collector has a right to contact you, even through social media. However, when they do, they must follow the requirements outlined in the FDCPA.
If a collection agency does not file the requirements of the FDCPA, you can take the actions described above against them. If you do not want to do this alone, consider hiring a consumer rights attorney. Not only can they provide advice, they can represent you if you decide to file a lawsuit.
Additional Resources
About the author:
Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
See more posts from Sergei Lemberg