Debt collectors using Facebook and other social media must be mindful of the law
Agencies charged with reclaiming consumer debt have come under scrutiny in the media over the past year due to the use of Facebook and other social media sites to contact individuals who have not replied to formal letters, phone calls or emails. Individuals claim that debt collection firms conducting business through social media, which is a setting seen by many to be reserved for leisure is an invasion of privacy. While there is no formal law in place that states debt recovery companies cannot use social media in any way, there are nuanced laws that state how far the company can go in terms of contacting a debtor. Public InformationAny Facebook, Twitter or Badoo user is familiar with how much their followers are willing to share on social media sites. Facebook profiles are both a deep look into the user's sense of self, as constructed by the fragmented "likes," as well as a complex marketing strategy that culls and stores information about the tastes, preferences and trends of its members. Facebook users regularly share birthdays, favorite movies and practically everything but their consumer credit data. Much of this is available for public view and legally can be used by agencies gathering debt collection information. Social media and debt law
Social media users walk a strange line between the perceived anonymity of the internet and the "real life" that is reflected through Facebook and other social media sites. However, with tracking software and government access to social media content, that anonymity is no longer valid. Aside from public information, the current law reflects that firms could contact individuals through social media with a request for a phone call or email. Debt collectors cannot send private information regarding balances or include private information such as social security numbers in these communications. Agencies also may not post any harassing or threatening on users' walls, feeds or private messages. This area falls into shades of grey and it is likely that there will be further investigations into the practices of debt collectors using social sites, so it may be best to err on the side of caution and avoid non-private confrontation. Best practices
Using public information for the purpose of debt collection data is fully within the realm of the law. If a user chooses to make information public, it is then eligible to be used in an investigation of an individual's status and location. Any direct contact through social media should be a last resort after all other means are exhausted. Messages should not be extended to spouses or family members but only to the individual. In addition, all firms should have training in place to educate employees of their legal rights when it comes to collecting debt through social media.