New Debt Collection Rule allows social media contact

On November 30, 2021, the CFPB’s new Debt Collection Rule became effective. This rule clarifies how debt collectors can communicate with you, and now allows collection agencies to email, text and direct message you on social media to track you down about outstanding debts.

Here are some of the new rules about the online contact:

  • The message must be private and not viewable by the general public or by your friends, contacts or followers. For example, debt collectors can message you on Facebook but cannot post on your public page or any other place it can be seen by your contacts.
  • If a debt collector attempts to send you a private message requesting to add you as a friend or contact, the debt collector must identify themself as a debt collector.
  • Each message they send must contain a simple way to opt out of receiving further communications from them on that social media platform.

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Some additional issues the ruling clarifies:

  • Before a collector can report a defaulted debt to a credit rating agency, they must either speak to the borrower in person, by telephone or wait at least 14 days after sending a letter or electronic communication — including a social media message — before proceeding with reporting. There are additional rules regarding older debts before reporting is allowed.
  • The rules only impact the third-party debt collection industry – those who typically buy old debts at pennies on the dollar or are contracted by another lender like a bank to collect on an old debt, not current creditors seeking payment.
  • Third-party debt collectors can only call a delinquent borrower seven times within a seven-day period — previously they could call as often as they wanted. And once they reach a borrower by phone, they’ll have to leave them alone for at least a week.

There are some emerging issues with the new ruling. For one, the new call limits are per delinquent account, not per person, meaning collectors could call a person with four delinquent accounts up to 28 times per week.

Under the new rules, there is also no cap on the number of texts, DMs or emails a collector could send, and no permission is needed by the consumer for contact. That means they can legally and repeatedly reach out on your Facebook, Twitter, Instagram, or Linked In, and even on more random accounts like Pinterest or Snapchat. However, they must identify themself and every message must include information on a way to opt-out of receiving additional communication; and once you’ve opted out they must stop.

The ruling also doesn’t protect the consumer from receiving scam or phishing emails, social media messages or texts from bogus collectors posing as debt collection agencies. Now that the consumer could be receiving more of these type of allowed contacts it will be harder to decipher which contacts are coming from legitimate sources.

As a consumer you should be aware of your rights and know how to protect yourself online and through your contacts so that you don’t fall into a trap. Here are some additional resources.

Learn more about current scams and how to protect yourself online:

https://blog.knowbe4.com

Learn more about the FDCPA ruling and your rights:

https://www.consumerfinance.gov/about-us/blog/understand-how-cfpb-debt-collection-rule-impacts-you/

http://www.ffef.org/ffefblog/fdcpa-rights/