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Debt Collectors are Creating New Tactics to Scare and Embarass Debtors

I am learning that debt collectors are always coming up with new tactics to track down and to harass debtors into paying their debts. And now, with the economic downfall, debt collection tactics are at their worst!

Recently, there have been a number of complaints filed in Federal Court for debt collectors posting on a debtor’s social networks, such as Facebook, Twitter and/or MySpace.

In one case, a Michigan woman is suing two debt collection agencies and their principals for violating the federal Fair Debt Collection Practices Act for, among other things, posting information about her indebtedness on her MySpace page. The lawsuit, filed on March 23, 2009, seeks damages in excess of $25,000 together with equitable and declaratory relief.

According to her complaint, the debtor fell behind on her payments on a 2005 Chevy Impala in January 2009. Shortly thereafter, she alleges that the defendants began engaging in various harassing and abusive collection activities, including disclosing private information to her family, friends, and neighbors, publishing private information on her MySpace page, and threatening to "camp out" in front of her home "all weekend." The complaint doesn't describe what the defendants allegedly posted on her MySpace page.

For some reason, someone at the debt collection company of CBV Collections decided to construct a facebook page under the name of “Jenny Anderson”.

The facebook profile of “Jenny Anderson” was used as a tool to find and keep track of debtors. Since “Jenny Anderson” was a cute chick and was able to attract over 600 “friends” who owed CBV money.

A reporter was able to get an interview with Jenny Anderson regarding the inside story, who eventually begin to post things that gave away her identity.

Under the FDCPA, debt collectors may not publicize a debt for any third party to see. The debt collector may not tell the debtor’s friends, family or work associates about the debt in order to shame a person into paying. Pretty much in a nutshell, that is the entire reason a debt collector would publicize a person’s debt on their own or someone else’s social network profile.

I’m sure we will begin to see more and more lawsuits against debt collectors for this sleazy tactic! As a precaution, all consumers (we are all debtors), should not make their profile “public” and should always make sure they ONLY make it public to people they know.



Jeff Suher, Pittsburgh Consumer Attorney who specializes in the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. 

Jeff sues abusive debt collectors and helps consumers that have incorrect information on their credit reports.  
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©2010 Jeffrey L. Suher, PC, All Rights Reserved, Reproduced with Permission
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