|
|
 |
|
|
|
|
|
|
|
Collections and the Social Media |
|
 |
|
|
Editorial
|
Once upon a time, before the internet explosion into our lives, the collections industry used to have to rely on interviews, public records and a lot of luck when it came to locating and contacting people. I remember going as far as rummaging through people trash or the remnants of their abandoned property for clues to their whereabouts. And while these tactics still have their value, those days are now pretty much behind us. We now have at our disposal, access to data from a multitude of sources, much of which, are amazingly provided to us directly from the people we are looking for. |
|
By simply logging onto Facebook, you can often find an easy way to find out a lot of information about your debtor if their security settings are too low, or a very direct method of attempting to contact them. Debtors will frequently use Craig’s List or other classifieds to sell appliances or other goods when they move or go on the run. If you’re lucky enough to have a good email address for your debtor, you can sometimes find a way to contact them While for actions as direct as repossession and process service, simply finding an address to perform these functions is pretty much the end of the line. The social media is really a new frontier in collections.
|
I’ve recently heard of some collectors who are creating fictional characters to lure debtors into “friending” them into providing personal information to aid in asset locating and recovery. I know it sounds wrong, but, I’m not sure it’s illegal if the debtor is out there broadcasting it to the world wide web. On the other hand, it would seem to be a misrepresentation of purpose and an FDCPA violation as it could violate the “mini-Miranda” requirements. Any legal opinions from our attorneys out there would be helpful as the FDCPA is a pretty archaic document and provides no references to the internet, email or even acceptable uses of cell phones. |
|
The ABA Journal Law News has recently reported a lawsuit filed against a Jacksonville, FL collection agency for allegedly using Facebook to not only contact the debtor, it is alleged that they were broadcasting the debtors obligations to her family members. If you’re reading this and I have to tell you what’s wrong with this, you’re on the wrong website or worse yet, in the wrong occupation.
|
I’ve actually found some very valuable information on a member through Facebook that had on one occasion given me good reason not to repossess a vehicle as I found there had been a family emergency that had them out of town. I’ve even used it for a soft contact attempt on one occasion, to no avail I might add. I don’t find anything wrong with using every source of information you can get your hands on legally or any legal and compliant method of contact available, that’s our job and using the latest trends in technology or cultural interaction is a crucial element to adapting to the ever changing world around us. But just as with anything you put in writing or say on an answering machines, good judgment must be practiced at all times. |
|
|
By the way, we’re on Facebook, pop by and give us a “Like.” |
|
Editorial
K.W. Armstrong
Editor, CUCollector
| |
|
| |
| |
|
|
|
|
 | | |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Copyright © 2010 CUCollector.com All Rights Reserved. |
|
|
|
|
