Many prefer to receive text alerts, emails, or direct messages as appointment and payment due date reminders. Now, thanks to new debt collection communication guidelines, debt collection attorneys can use these alternate forms of messaging to alert you to an overdue bill.
Although it seems like common practice to receive an email or text regarding a past due bill, in the past, these messages came directly from creditors. The manner and frequency of communications by debt collectors to consumers are heavily regulated to avoid harassment and more. Only recently did debt collectors get the green light to send electronic messages.
Updates to the Fair Debt Collection Practices Act (FDCPA) changed the method and manner in which a debt collector could contact a consumer. Referencing bell-bottom jeans and the original Star War movies, the former Director of the Consumer Protection Bureau made it clear that it was time for communications by debt collectors to enter the electronic age. Electronic communication must provide the consumer means to opt out.
What the Changes to the Debt Collection Communication Guidelines Mean For You
Here are some suggestions for creditors and consumers (not intended as legal advice) that I am going to implement personally when it comes to debt collection messaging.
Individuals might find it wise to maintain an email account strictly for communication with service providers and merchants. By designating a unique email account, the consumer knows that any new messages to that email account relate to services rendered by the provider and or the service provider’s agent. The consumer can then give access to the account to another party with the understanding that there may be communication from a direct creditor or their agent.
Besides strict compliance with HIPAA and any other relevant statutes, local laws, etc, I’m going to recommend that providers, vendors, etc. consider:
- Asking consumers for their preferred manner of communication
- Include a box or other field for consumers to include specific permission for email by the provider and their agent (including their collection attorney or agent) and add a field for the consumer to add their email address.
The provider may include additional disclaimers, but even with the consumer’s written permission, the debt collection attorney or agent will need to follow the guidelines set forth in Regulation F as well as the other provisions of the FDCPA and State laws.
If you have a debt collection matter you need assistance with contact Frank, Frank, Goldstein & Nager. We have the experience that pays.
