Court Tells Debt Collecters to Stay Off Facebook
A court has ruled that debt collectors mustn't hop on Facebook to send people messages demanding repayment for money owed. The ruling came after Melanie Beacham, who was late on car payments, filed a lawsuit against MarkOne Financial for allegedly sending her a message on the social networking site, as well as contacting her friends via Facebook. Turns out that was a big mistake.
According to the lawsuit, MarkOne Financial representatives hounded Beacham by emailing her, texting her, and calling her at home, on her cell, and at work a grand total of 23 times in a single day, the Orlando Sentinel reports. But when an employe tracked Beacham down on Facebook, a judge ruled that the company went too far.
It marks the first time a court has made such a ruling and serves as a warning to other debt collectors thinking about using social networking sites to recoup money owed.
"That is something we've been fighting for, and we finally got a court ruling on that," said Billy Howard, Beacham's attorney and head of the consumer protection department at the Morgan & Morgan law firm.
Comments
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Richard Caulfield
November 08, 2011 at 6:03pm
Stalking people on Facebook for debt collection is a new low. I once owed a hefty sum and was getting harassed non-stop by collectors. I had just lost my job and knew there was no way I could repay the debt, so I did a debt settlement. I know it wasn't the most responsible option, but I couldn't handle being called ten times a day! It royally messed up my credit score, which has necessitated credit repair in the years since to get my financial life back on track.
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macumber
April 20, 2011 at 7:13am
People don't conduct themselves over the phone, FB, email ... like they would face-to-face. Debt collectors can be ruthless and I think it is an inherently ugly business that is only going to attract and retain a certain kind of talent pool. Some folks are deadbeats, others are victims of circumstance. What seems to be lacking across the board is civility. I know it isn't supposed to be possible to employ because "justice is blind" but I think *everything* in this world has to be approached on a case-by-case basis. In this case the collector should be reprimanded, because regardless of whether this person was a victim or a deadbeat - it does not entitle the debt collector to humiliate, denigrate, crush the spirit of someone who isn't paying up.
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szore
April 19, 2011 at 1:24pm
I understand about debt and paying it back Sometimes though life throws you a curve ball, like when politicians (both sides) destroy the economy and leave you without a job, virtually homeless, about 100K in debt that can never be paid back or cleared in bankruptcy. Throw in 2 small children, and then people start to say "YOU CANNOT GET BLOOD OUT OF A STONE". Then add in obnoxious debt collectors that call you 30 times a day... etc. At some point some people realize they are worth more dead than alive, and the quality of there lives are destroyed. At that point, most people would say 'SCREW SOCIETY" and I don't give a DAMN about the money I owe to some creep chargingt 20% interest.
Just Sayin'
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aarcane
April 19, 2011 at 1:02pm
1) she could have just blocked them on facebook..
2) my wife was a debt collector for a day. she had the guy ready to pay, had his electronic check out and everything.. and the trainer said "You have to make him feel like crap now, ask him these highly offensive questions", and being her first day, she did.. they lost money because of that event, and a potentially awsome debt collector.
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ShyLinuxGuy
April 19, 2011 at 8:37am
One of my aunts put herself through college as a debt collector...she told me about how very few people actually responded and when they did, they chewed her head off. I guess collecting debts is hard, but if someone isn't responding after getting calls and letters, chances are they won't respond to anything else and it's best to give up and move on to someone who actually wants to resolve their situation. Calling 20x a day and announcing that you owe a debt all over FB isn't a proactive way to get people to pay. It seemed to work the other way around with this lady's case.
BTW why didn't the finance company repossess the car if she was late on payments?
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CaptainFabulous
April 19, 2011 at 10:29am
My only guess is that they don't know where she lives. Or the location of the car if she's trying to hide it.
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Neufeldt2002
April 19, 2011 at 8:21am
As I agree that some debt collectors do go to far, I also believe that they should not go after you in a public setting. In private is acceptable. Since we are talking facebook here, PLEASE make publish to facebook opt-in, not opt-out.
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BretMThomas
April 19, 2011 at 8:09pm
Here here! It's a big annoyance to have to click that every time I post something!
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someuid
April 19, 2011 at 8:10am
Well, there is little to go on here, but if you own debts, and you're avoiding the collectors, they should have the freedom to turn to a social network after x number of months in an attempt to collect.
If you don't like it, pay your freakin' debts, work out a deal, or return the possession you aren't paying for.
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warptek2010
April 19, 2011 at 4:27pm
Listen, can I borrow some money from you? I swear I'll pay you back at 30%.
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CaptainFabulous
April 19, 2011 at 10:30am
Or sue them for violating your rights, and then use the settlement money to take a well-earned vacation.
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Caboose
April 19, 2011 at 8:53am
Well, I hope you never have to go through dealing with a debt collector. Requesting payment is one thing, but harassment is completely different. And 23 calls in a single day isn't a polite request, its harassment. I'm surprised that they weren't charged with harassment based on the phone calls alone!
That is almost 1 call an hour. If you tell them "I am unable to pay right now, but on $date I will settle up the late payment(s)" why do they think that magically in an hour things will have changed?
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devastator_2000
April 19, 2011 at 8:41am
I agree that if you borrow money, pay it back. But I think debt collectors should stay off of social network sites. My reason for this is privacy, it is against the law to discuss your finances with people not authorized to know about you finances. So when you make a post on Facebook, it is there for all to see.
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mdkplus
April 19, 2011 at 8:37am
Spoken like a true debt collector. A person's debt is between the debtor and the company, it should not be handled in a public setting, and harrassing a person's friends? An Al Capone tactic, effective but illegal
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