Collecting Debt in Cyberspace: Facebook Privacy vs. Debt Collector Intrusion

April 8, 2011 - PRLog -- Did you hear about the Florida woman who took a debt collector to court for [mis]using her Facebook social media site to harass her about a $362 debt?  The full story is here (http://www.credit.com/blog/2011/03/judge-orders-debt-collector-to-stop-using-facebook/), and it’s going to rile you up to think that online communication could end up being misused like this. The outcome was that the Judge ordered the collection agency not to use Facebook (or any other social network for that matter) to contact debtors because such action violates Florida’s consumer protection laws.

Her attorney claimed a “huge invasion of privacy," (I agree) and said this case was a call for Americans to stand up against debt collectors having any right to contact friends and family members on Facebook.  Of course, the debt collecting agency denied the truth of harassment claim and said “we firmly believe . . . we have and do operate within the spirit and scope of the law." (Sure, they have legal representation, and a point of view to promote, as well).
The judge’s decision was simple: no more contact – the Court took a middle ground position which was to tell the agency to stop using this method to contact people who owe money.  
This middle ground position is very typical of court rulings.  The judge already knows that you cannot compel people by rule of law to moral, ethical, humane, or even have common sense behavior.  And so, even though this judge in Florida has ruled against further similar behavior, we can’t be sure this won’t happen again because now “it’s the law.”

Besides, as outrageous as this behavior is, we know that other instances of gross injustice and the suffering that it causes, where nobody is stopped or punished for being the guilty, will continue.  And that’s because, ultimately, we cannot control others – we can only control ourselves.  For some [the debtor who has privacy and other rights against harassment from debt collectors], this control will consist of going to court to fight for one’s rights.  For others, less open and forthright, [the collection person who continues to find ways to sneak into your life in cyberspace] the only fight is to find out what actions work to get people to pay.  

And, people who may be mistreated this way (collectors may even have the wrong number), be forewarned and prepared by this example.  Learn what your rights are when contacted by agents representing creditors.  

For more information, please visit:
http://www.california-bankruptcyattorney.com
http://www.california-bankruptcyattorney.com/chapter-7-ba...
http://www.california-bankruptcyattorney.com/chapter-13-b...

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Financial Freedom Law is a bankruptcy law office in Sacramento, that handles Chapter 7 and 13 bankruptcies. Their offices are located at 8880 Cal Center Drive, Suite 400, Sacramento, CA 95826.