Under a rule passed by the U.S. Consumer Financial Protection Bureau, debt collectors can contact you through social media platforms.
But, these communications must follow other debt collection laws, like the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA). These laws restrict the ways debt collectors can contact you and what they can do to try to collect on your debt.
Here is some information about what debt collectors can and cannot do when using social media platforms to contact you.
If a debt collector uses social media to contact you, the collector must use direct messaging as the FDCPA requires that debt collectors contact you privately. If the debt collector posts on a public page or timeline, your contacts will see the post, and this violates the FDCPA.
The message must identify that it was sent by a debt collector to collect your debt. If it fails to include this message, the message violates the FDCPA.
Similarly, the debt collector cannot try to deceive you. For example, the debt collector cannot pose as a judge or police officer to try to coerce you into paying your debt. Likewise, the debt collector cannot lie about the measures that they can take to collect the debt.
The message must include a way for you to opt-out of receiving future messages, but this will not stop the debt collection process. However, it will stop the messages sent to you through social media unless the creditor files a lawsuit.
Debt collectors cannot harass you via social media. Also, if the debt collector knows you have a lawyer or have declared bankruptcy, the debt collector cannot contact you via social media at all.
If you face debt collection and need legal advice about your options, contact Shrader Law, PLLC at 813-360-1529 today.
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