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Debt collectors sued for using Facebook to harass family and friends of delinquent borrowers

Posted: November 17, 2010

Technology and its widespread use evolves daily, and as it does, the way sometimes intensely personal information is used (possibly against you) by companies and agencies often has no legal precedent.

One such case would be the collection of debts. As Americans cope with unprecedented financial strain, more and more borrowers find themselves losing their grip on fiscal matters. Many people are falling behind on major obligations like mortgages and car payments, and thanks to services Facebook, we are easier than ever to track down via our online activities. But should debt collectors be able to use these services to harass the family and friends of people who are delinquent on their bills?

Florida resident Melanie Beacham took a medical leave from her job after falling ill, preventing her from remaining current on her car loan. Although she kept lender MarkOne abreast of the situation, she received as many as 20 calls a day about her car loan. Then, Beacham says, the company turned to Facebook to notify her family and friends that she was in financial trouble.

Consumer attorney Billy Howard says the practice is becoming increasingly common, mostly because naming and shaming those who have fallen on hard times inspires desperation anew:

“It’s getting the desired result, and that is to start a domino effect of panic and embarrassment among family and friends, and people will do anything to stop that.”

Howard is representing Beacham in a lawsuit hoping to prevent MarkOne from employing the practice of using Facebook to locate and harangue the family members of people who owe them money, and MarkOne unsurprisingly did not comment in their defense on the matter.

Do you think the practice of social media stalking by debt collectors is acceptable? Have you ever had a third party mine your friends list in an attempt to force action on your part?

[WTSP via Consumerist]

Comments


3 Archived Responses to “ Debt collectors sued for using Facebook to harass family and friends of delinquent borrowers ”

  1. Chris Sechrist
    Jul 6, 2011

    I believe gathering information that "you" make public is within the law. I also think that using any technology to contact and request a phone call or information WITHOUT disclosing that someone is behind or owes bills or is out for repo, is not 3rd party disclosure and is already legal, so why make it illegal on Facebook or any media….The only people who will complain is those that are hiding and causing the rest of us to pay more taxes, high prices for items and credit intrest to go sky high….."If you cant pay for it, give it back." ITS IN THE CONTRACT YOU AGREED TO…IF YOU DOn't THEN YOUR DISHONEST AND DIDn't DESERVE CREDIT IN THE FIRST PLACE. What happened to you have to earn credit, now people feel entitled.