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On March 31, 2009, Ryan Singel wrote a story titled “Woman sues debt collectors for “MySpace posting.” According to Singel, a buyer fell behind on her payments in early January on her 2005 Chevy Impala, the last thing she wanted to do was part that data on her Myspace profile or any other social networking website. But that’s what the debt aggregator assigned to her debt did. This woman then filed a civil lawsuit versus the collection agency accusing them of violating collections law by harassing her online, on the phone and in person. She is asking for $25,000.00 in damages. The court found that because of the post to her MySpace page, she suffered harm to her business and community reputation, extreme mental distress, aggravation, humiliation and embarrassment. Under most state laws, debt accumulators may not publicize a debt or even tell a debtor’s friends, family members, or work associations when it comes to a debt in order to shame a person into paying. Collectors will have to likewise refrain from using abusive or oppressing methods, and in general have to stop calling one’s home or work after being asked to commune in writing. Something to remember, these websites and networks are tools, just like a credit report is a tool to a collector. This data is to be employed in order to gather a debt, and not for any other aim and without contacting the debtor through that medium. Think of these websites as another form of validation of the selective information you already have. |
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