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Debt Collectors Using Facebook To Embarrass Those Who Owe
Not even the tranquility of FarmVille can save you from the long arm of debt collectors. Melanie Beacham says that a collector from MarkOne Financial contacted her relatives about her past due car note via Facebook. She is filing suit alleging that the company is harassing her family. Tampa based consumer attorney Billy Howard of Morgan & Morgan says, "Now Facebook does a debt collectors work for them. Now it's not only family members, it's all of your associates. It's a very powerful tool for debt collectors to use."
A. Pay your debts
B. Go to your account settings in Facebook so that people can't mine all this information about you. Pass this tip along to your family and friends.
The article says it is the company that financed the car, which would make them the primary debt holder and not a collections agency. Read the Wiki you linked: "While the FDCPA generally applies only to third party debt collectors—not internal collectors for an "original creditor"
Yes, I agree with you, I believe that activity is clearly against the Federal laws and regulations regarding debt collection. (ianal) As to your situation, it's not necessarily over, check the statute of limitation on debts in your state. Then tend to range from 5-8 years, and it's possible that the collector was already past that point and is still trying to collect.
As to the (un-named) third party you contacted, for as far as I know, it could have been the collectors brother-in-law. Don't go by the statements of a third party the collector sends you to, contact an official state agency or a legal representative that deals with these types of issues.
Unfortunately there are a very large number of unscrupulous debt collectors out there that depend on your timidity and ignorance. Few people fight, and fewer people have any idea what their rights are, much less the restrictions the debt collectors are supposed to work under.
In the US you can't be directly incarcerated for debt; you can, however, be incarcerated for refusing to obey a court order that you pay the debt, which courts don't usually order unless the judge is convinced you have the money.
"Read the Wiki you linked: "While the FDCPA generally applies only to third party debt collectors—not internal collectors for an "original creditor""
True, but there's limitations: for example, if someone owes me money I can't run commercials or billboards with their name, picture and address saying "JOHN DOE OWES ME $200 DOLLARS!". There are limitations, and I think posting information or contacting someone's friends and family on Facebook would be considered one of those limitations.
After all, don't all of those collector calls begin with "This is a personal business matter for YOUR NAME..." If they were not legally required to have that message I'm pretty sure the voicemail would be "JOHN DOE YOU OWE FORD $200! PAY US OR WE TAKE YOUR CAR!"
I just read that it is illegal for voicemails to say it is a personal business matter, they must state that the call is an attempt to collect a debt.
my karma will be here long after I'm gone
A collection agency is an "agent" working for the creditor. If they buy the debt, they are the new creditor, and can elect to be their own debt collector, but they are not the debt collection agency. These terms are defined by law, not the companies themselves.
Further, your "pay your bills on time" doesn't stop people getting into these situations. I have had scrapes with thee companies because of a person with the same name and different SSN - they have employed these dirty tactics against people with the same name living in nearby towns - even going to far as to file false paperwork to get judgments.
That law also applies to original creditors now. I'm no expert, but I did recently take Dave Ramsey's Financial Peace University class and he had a lesson on how to deal with debt collectors. They can contact relatives, but they can't mention that they are debt collectors, only that they wish to get in touch with you. I'm pretty sure she would have a legal basis for suing them.
That law also applies to original creditors now. I'm no expert, but I did recently take Dave Ramsey's Financial Peace University class and he had a lesson on how to deal with debt collectors. They can contact relatives, but they can't mention that they are debt collectors, only that they wish to get in touch with you. I'm pretty sure she would have a legal basis for suing them.
No, the FDCPA does not apply to original creditors. Here is the link to the FTC's page where you can read the whole act: http://www.ftc.gov/os/statutes/fdcpajump.shtm I don't know who Dave is, and if he's taught you about collectors then he's correct but he's mistaken if he told you the FDCPA applies to creditors. Maybe he is thinking of some other piece of legislation or you misheard.