Undisclosed
Settlement
TCPA class action against the Los Angeles Times. Final approval granted 2014.
The Fair Debt Collection Practices Act, (FDCPA) does not specifically prohibit debt collectors from using Facebook, Twitter or LinkedIn to locate and contact you about your debt.
Under the FDCPA, you are entitled to privacy about your debts. For example, debt collectors aren’t allowed to publish your name, contact you by postcard, or call your friends and family members to tell them about your debts (although they can call to obtain contact information for you).
Therefore, because the FDCPA is intended to prevent collectors from letting other people know about your debts, debt collectors are not permitted to post information regarding your debt on your Facebook wall, LinkedIn page or your Twitter page, as this would be violating the Fair Debt Collection Practices Act.
Creditors also sometimes use information on social networks to contact debtors. If you haven’t kept your address or phone number up to date with the creditor, it is likely that you are still checking your Facebook page or other social media and creditors may use those to contact you. In addition, in some cases creditors will create fake profiles on social media sites in the hopes that you will respond to them or that they can find out your current location.
Some experts recommend that in order to prevent communication on social media sites from creditors, you take full advantage of the site’s privacy settings. You can choose to block your private information from the public. You should be picky about what you choose to make public, such as your email address, phone number, or address. Also, don’t accept friend requests from unknown individuals, as debt collectors are not the only people looking to find out your personal information for unwanted reasons.
Have you been harassed by creditors on social media websites? You may be able to pursue a claim against the creditor under the FDCPA. Contact The Law Offices of Todd M. Friedman at (877) 449-8898 to find out more information.
