Most people have dozens of online subscriptions, social media and traditional email accounts. Frequently, a single social media platform includes multiple windows of communication through direct messages (often called DMs), instant messages (often called IMs) and other feeds, like email, texts and group messages.
With all of the struggles and potential pitfalls related to social media use to-date, social media has remained one place free from one particular action: communication from creditors/debt collectors. As we scrolled through pictures of our friends’ pets and food, we have never had to worry about a creditor interrupting that thoughtless scrolling. But, last month, the law changed, and debt collectors were welcomed more deeply into our smart phone-focused lives.
Creditors need not be people to whom we owe formal debts like mortgages or car loans. Creditors also include mobile phone companies, utility companies and other service providers (like insurance companies and online subscription companies). Creditors can include medical service providers who finally got word from your insurance company that a co-pay or deductible is due from you.
We may have our monthly payments owed to creditors automatically deducted from a bank account or credit card account. Some “one-off” creditors like medical providers may send paper invoices. Sometimes, we are already unknowingly “60- or 90-days late” when we finally get a formal invoice from a creditor/debt collector.
Therefore, for these reasons, even a “debt-free” person may have creditors and technically be considered a “debtor” at any given point of time in a month. Legally, “debt collectors” are typically third parties who collect debts on behalf of creditors. However, sometimes, creditors are also legally considered debt collectors.
Traditionally, debt collectors could send mail and call alleged debtors. Beginning last year, debt collectors could also text alleged debtors.
Beginning earlier this month, debt collectors can “friend request” alleged debtors on social media. Debt collectors need no advance permission to reach out to an alleged debtor through a friend request, but the friend request must identify that the “friend” is a debt collector. However, a creditor/debt collector can sometimes include their identity as a debt collector among other information like, “Hi, I want to be your social media friend. I am XYZ bank with whom you have a checking account and a car loan.” But perhaps the biggest value a debt collector can get from being a “friend” on social media is access to the identities of your closest family and friends.
Also, this month, debt collectors were permitted to send direct/instant/other messages to alleged debtors. Debt collectors do not need advance permission to initiate these messages either, but there are some limitations. First, the message must be private (only able to be seen by the intended debtor). Second, the message must include the debt collector’s identity. Third, the message must include an easy way to “opt out” of receiving future messages from that debt collector. Independently, a debt collector may only message an alleged debtor concerning each individual debt seven times per week.
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