Know Your Rights

Facebook and Debt Collectors

The Fair Debt Collection Practices Act or FDCPA's goal is Past _due _imgto protect the consumer against abusive debt collectors and their abusive tactics.  What are abusive tactics?  This includes:

 - Using profane language or language that is harassing or abusive
 - Calling before 8 a.m. or after 9 p.m.
 - Telling other people (family, friends, neighbors) about your debt
 - Calling you at work if you have advised them , or they have been advised, that you cannot accept these calls at work.
 - Making misrepresentations of fact to you, such as how much you owe, or certain actions they may take to force you to pay them
 - Threatening arrest or criminal prosecution
 - Sending false information to the credit bureaus
 - Causing your phone to ring an unreasonable amount of times
Debt collectors are learning how to infiltrate social network pages like Facebook.  One strategy is to portray a very attractive woman so people will accept their friendship whether or not they know the person.  Collectors can post on your Facebook wall or ask your contacts about your whereabouts.  However, the FDCPA prevents collectors from posting your debt or mentioning that you owe a debt to your contacts. 

Whether or not you are in debt, keep in mind everything you post on the Internet is out in the public domain.  A good rule of thumb is to not post anything that would not want your boss or future boss to know about.   According to Career Builders, 45% of employers check your social media presence when hiring and 35% of employers found content that lead not hiring the applicant.  See also article

If a collector informed one of your contacts about your debt, you have rights and we're here to help.  SmithMarco, P.C., has over 30 years of combined experience practicing law protecting the rights of consumers around the country. If you feel that you're rights have been violated, please contact us for a free case review.

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