Debt Collectors Using Social Media to Track Down Debtors
A disturbing practice among debt collectors is the use of social media sites to obtain information on debtors. Many users post their unlisted telephone numbers, the addresses and telephone numbers of their employers and other personal information to their public profile on the social media site they prefer to use. Some even go so far as to install applications on their smart phones that automatically update their profile when they go to popular locations known by the app. Posting such information presents debt collectors with ample opportunity for abuse.
While many consumers may find it disturbing news to learn that debt collectors are scouring social networking profiles online, Vytas Kisielius, the CEO for Collections Marketing Center Inc., insists that these sites can be used as a tool to track debtors down without violating the Fair Debt Collection Practices Act (FDCPA). However, he argues, it would be an actionable violation of the FDCPA for collectors to masquerade as another user or post public notices on debtor’s accounts regarding their debts.
Rumor has it that the FTC is considering new regulation regarding how debt collectors can use emerging media like social networking sites to search for and contact debtors. Betsy Lordan, an FTC spokeswoman, denies the credibility of these rumors. She states that at this time the FTC is still reviewing transcripts and comments from a workshop the agency held earlier this year. It is unclear at this time if the agency may proceed with new regulation once that review is complete or if stricter enforcement of the FDCPA may result. Many experts in the field of debt collection, including Kisielius, argue that the existing regulation would be sufficient to protect consumers if the agency were more dedicated to enforcement.
