Think Your Social Media Is Safe from Creditors? Think Again.

Facebook is now an ever-present tool allowing us to connect to others as never before. It asks us how we’re feeling. It craves status updates and forces us to network. It makes it possible for us to keep in touch with friends around the globe. In an instant, it allows one to upload photos of a Caribbean vacation, inciting insane jealousy among those less fortunate who must spend the entirety of their spring break indoors filling out the bar application (this is strictly hypothetical).Well, apparently, it also rats us out. And so do other social sites, such as Twitter and Myspace (although, I honestly don’t know anyone who still uses the latter…if you get “outted” by Myspace, you deserve it. Unless you are a band that uses New Myspace, then you’re good). Check out this article which details some of the lengths creditors will go to in an effort to contact debtors: http://www.digitaljournal.com/pr/1104837.Apparently, the Fair Debt Collections Practice Act, an act meant to bar collectors from abusive collection tactics, doesn’t expressly prohibit the use of social media to contact consumers. While the preferred methods of contact are via information located on loan documents, if collectors can’t reach you, apparently some will devise other means of getting in touch.This article illuminates a couple of examples, such as creditors posing with fake profiles to contact a debtor, or contacting other members associated with the debtor (as noted, this tactic clearly violates the act). And some people seem to have everything save their social security number posted on their profile (you guys are just asking for it).The point is, (1) regardless of whether you have creditors after you in the first place, be careful and take some stock of your public information. You need to know what your privacy settings are and use some common sense; (2) while collectors “technically” can use social media to gain access to debtors, they are still prohibited from using “abusive” means to get to you, so you still might be covered. The best way to avoid this is to refer to (1), but should you encounter a situation like this, you should contact an attorney to remedy the situation immediately.