Can debt collectors contact you on Facebook, Twitter – even through email?

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Photographer: KNXV
Copyright 2011 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Posted: 05/26/2011

Is it legal for debt collectors to contact you on social media websites like Facebook, Twitter – even through email?

We found the answer is not simple.

Brad Klein is the President of the Arizona Collectors Association , a trade group representing third-party debt collectors.

“Access to social media is becoming an important tool,” Klein said.

He said many debt collectors are using social media websites to gather information.

“All we’re after is a phone number or an address, that we might not have otherwise had,” Klein said. “The responsible debt collector is going to use that information just like they would a phone book.”

But, there are rules for using social media.

According to the Fair Debt Collection Practices Act , debt collectors are not allowed to share information about your debt with a third party

“Like communicating with a consumer through a Facebook wall or an instant message,” Klein said.

He said debt collectors are only after information you’ve made public on social media sites.

“[To] make a phone call to the consumer or [to] send a consumer a letter,” Klein said.

As for email, that is a grey area in the law.

“Communicating through an email is not specifically prohibited,” Klein said.

The Fair Debt Collection Practices Act has been around for 33 years – long before email.

Still, Klein said some debt collectors don’t communicate using email.

“It is risky, because you don't know if that email is potentially seen by a third party,” he said.

If you’ve been contacted by a debt collector on a Facebook wall, Twitter or shared email account, Klein said you should contact the debt collection company first to file a complaint.

If you do not find resolution through the company itself, contact the A rizona Department of Financial Institutions or file a complaint online with the agency. 

You can also file a complaint with the Federal Trade Commission .

Still, do not avoid the debt, even if the debt collector didn’t follow the rules properly.

“Hiding, not communicating with a debt collector, is the worst thing a consumer can do,” Klein said. “The debt doesn't just go away due to a mistake.”

For more questions regarding debt and debt collection, visit www.AskDoctorDebt.com .

 

Copyright 2011 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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