Collection Agency Uses Facebook to Harass Debtor

A collection agency took advantage of modern social media to try to collect consumer debt. When a Florida woman fell $362.00 behind on her car payments, the loan went to collection. Even after she worked out a payment plan with the creditor, a collection agency called MarkOne Financial sent a message to the woman’s Facebook friends asking them to tell the woman to contact their office.

The woman sued MarkOne, alleging violations of federal and state law. The case is pending, but a judge ordered MarkOne not to contact the woman or any of her friends via social media. The woman’s attorney said it is the first time a judge banned a debt collector from using social media. Despite the judge’s ruling, MarkOne again used Facebook to try to collect debt from another consumer three weeks after the court banned it from using social media.

The Association of Credit and Collection Professionals says what MarkOne is doing violates the Fair Debt Collection Practices Act (FDCPA) of 1978. Although enacted long before social media, it prohibits debt collectors from contacting third parties, except when they cannot locate the debtor. It also prohibits collectors from telling a third party why they are searching for the debtor. Experts say MarkOne’s actions clearly violate the law.

It is important to know that you have options if debt collectors are harassing you. Contact a Washington DC bankruptcy lawyer if you feel overwhelmed by debt. An experienced Washington Dc bankruptcy attorney can tell you how to stop creditor harassment.



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