Fair Debt Collection Practices Act (FDCPA)

The Fair Debt Collection Practices Act (FDCPA) restricts how debt collectors (generally defined as third parties collecting others' debts and entities collecting debts on their own behalf if they use a different name) may collect debts. The FDCPA generally prohibits debt collectors from publicly disclosing that a consumer owes a debt. Using social media to inappropriately contact consumers, or their families and friends, may violate the restrictions on contacting consumers imposed by the FDCPA. Communicating via social media in a manner that discloses the existence of a debt or to harass or embarrass consumers about their debts (e.g., a debt collector writing about a debt on a Facebook wall) or making false or misleading representations may violate the FDCPA.

Sources: FFIEC; FDCPA

The Highlights:

  • Social media should not be used inappropriately to contact consumers, or their families and friends about debts owed.
  • Communicating via social media in a manner that discloses the existence of a debt may violate the FDCPA.