Have you ever had a debt collector text you about an outstanding balance? How about contacting you through social media? Do you know your rights in these situations?
Recent updates to the Fair Debt Collection Practices Act (FDCPA) have officially made it legal for debt collectors to contact consumers by text or through social media. However, there are also plenty of rules and regulations that those debt collectors must follow to stay on the right side of the law.
Let’s take a closer look at some of those rules and regulations to make sure that everyone understands what is acceptable and what is over the line.
Debt Collectors on Social Media
While debt collectors are technically allowed to contact consumers through social media, consumers have the ultimate control here based on how they have their accounts set up.
Anyone attempting to collect an outstanding debt through social media must immediately identify themselves as a debt collector. Those debt collectors are permitted to send friend requests, but there is no obligation on any consumer to accept them.
Debt collectors using social media to contact consumers must also give those consumers the option to opt-out of any unwanted online communication, and they can only contact consumers through private messages.
That means that debt collectors are strictly forbidden from mentioning anything about your outstanding debts on any publicly viewable communications.
Updating Rules for Phone and Text
The updated FDCPA also includes text messages as a method that debt collectors can use to contact consumers. However, just like most other forms of communication, the collectors must offer consumers a way to opt-out of this form of communication.
Another new rule set to benefit consumers is a limit on the number of calls a collector is permitted to make to any consumer in one week. Any debt collectors that make more than seven calls in a given week are now in violation of the FDCPA.
The Argument Against These New Rules
While many see this inclusion of text messaging and social media as a way to update the FDCPA into modern times, some people still don’t have consistent access to the internet, so it certainly won’t work for everyone.
There is also some concern that predatory debt collectors and all-out imposters will exploit these new channels to take advantage of consumers. Still, we all know that those things are already happening, so hopefully establishing some regulation will reduce some of those instances.
If you are the type of person who hates talking on the phone, having a text or social media relationship with a responsible debt collector while you are working out a solution could be extremely helpful. And if you are looking for someone to handle collections on behalf of your business, don’t hesitate to contact Direct Recovery today to speak to someone about the services we can offer.
