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January 11, 2008, Newsletter Issue #46: Using E-mail or Faxes to Collect or Harass
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Tip of the Week
The Fair Debt Collection Act does not specifically address the issue of using emails as a collection tool. But courts have held that the use of e-mail is an appropriate collection tool. Still, all collectors must adhere to the same guidelines as those that apply to the use of snail mail. Also, if sent to your workplace, emails must cease if you advise the collector that your employer prohibits debt collection contact. Additionally, should your employer have a published policy that states “e-mail is not confidential and may be viewed by authorized employees,” emails sent to the debtor’s workplace are a violation of debtor rights simply by their existence. You have the right to send an e-mail to the collection entity that you believe is in violation of the FDCA to advise them to stop sending correspondence immediately. Collectors are permitted to contact you via fax per the FDCA, but, once again, they can only do so within the stated parameters of the regulation. A fax sent to your office to a communal fax machine or to an employer’s workplace that prohibits debt collection contact is a violation of the Act.
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