A recent story reported on WalletPop.com tells of a debt collector behaving badly – specifically, it seems, this debt collector actually took to “Facebook stalking” a woman in an attempt to get her to pay her debt.

The woman has reportedly sued the debt collector; her case is interesting in part because it highlights some of the concerns about privacy laws and newer technologies. Here’s a look at the legal issues involved and what kinds of rights the woman has.

The Fair Debt Collection Practices Act

Federal laws that govern how debt collectors can behave prohibit certain types of actions on the part of debt collectors, including:

  • Contact by embarrassing media: Traditionally, the example used for this was a postcard, the reasoning being that anyone can read a postcard because it’s not sealed in an envelope. But, depending on how the woman’s case goes in court, contact via social networking sites might be ruled an “embarrassing” media – after all, many more people are likely to see messages posted on Facebook than a note scrawled on a postcard.
  • Contact of anyone besides the debtor regarding the debt: While debt collectors may be within their rights to attempt to locate a debtor by contacting known family members or friends, they are prohibited from mentioning the debt itself to anyone besides the debtor. In the case mentioned above, sources note that the debt collector contacted many of the woman’s friends in addition to the woman herself.
  • Contact that involves harassment or intimidation: In the woman’s lawsuit, it seems, she and her lawyer are claiming that the debt collector’s techniques were intended to harass, intimidate and embarrass her into payment of her debt. These charges, if they can be proven in court, would mean that the debt collector was indeed breaking the law in his attempts to collect money.

Protecting Yourself from Aggressive Debt Collectors

In recent months, the news has been full of stories about questionable and downright appalling behavior on the part of debt collectors – unfortunately, many Americans are not aware of the laws that protect them from such behavior and do not take any sort of action to protect themselves.

If you find yourself in a position that puts you in contact with debt collectors, consider taking these steps to make sure your rights are respected:

  • Read up on the law: Take a look at the FTC’s page that outlines the protections offered by the Fair Debt Collection Practices Act.
  • Keep records: Hang onto any letters, emails, voicemails or electronic contact you receive from a debt collector. If you need to take legal action because of some of the contact, having a trail of your history will make the process much easier.
  • Know where to turn: If you suspect that you’ve been harassed by a debt collector, don’t hesitate to contact a lawyer, who can help make sure you’re treated fairly and responsibly.

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