Debt Collector Uses Social Media to Harass Consumer Over Medical Debt

The invasive techniques employed by some debt collectors have now expanded into social media information gathering, unfortunately. A lawsuit filed on October 18, 2012 against Medicredit (Cogent Financial Group), alleges one of the company’s debt collectors snooped around Twitter and Facebook to intimidate Royette Fincher (and later, her family) into paying a debt.The lawsuit contends that, “During the week of August 8, 2012, Defendant’s representative going by the name of “Wes Alford” contacted Plaintiff on multiple occasions, each call was conducted in a rude and threatening manner. Mr. Alford made various threats of filing a lawsuit, obtaining a judgment, and interfering with Plaintiff’s business. Mr. Alford further stated personal facts to Plaintiff in a threatening fashion, indicating that he had located Plaintiff on social media outlets, and was familiar with her personal life, including the fact that she had children and had recently been on vacation.”As troubling as this piece is, it’s not the worst of Mr. Alford’s actions. Allegedly, he then illegally contacted third parties in an attempt to collect Ms. Fincher’s debt: “On or about August 8, 2012, Mr. Alford contacted the fiancé of Plaintiff, Mr. Michael Owen, in two separate phone calls in an effort to collect this debt from Plaintiff. Defendant’s collector asked Mr. Owen if he knew the Plaintiff and disclosed that Plaintiff allegedly owed the Defendant over $8,000 for a medical bill and threatened to sue Plaintiff and “put a lien on her business.”Contacting third parties to pressure the debtor is unlawful under the Fair Debt Collection Practices Act (“FDCPA”), as is threatening to interfere with the debtor’s personal business. The Medicredit debt collector then called Plaintiff’s fiancé several more times, as well as Plaintiff’s mother, telling them he was going to sue Ms. Fincher. Later in the week, on August 13, 2012, Mr. Alford called to threaten Ms. Fincher, saying he would take money from her bank account and try to take her business license.Medicredit, Inc.’s website (www.medicreditcorp.com), claims it is a wholly owned subsidiary of The Outsource Group, and lists its address as 3620 I-70 Dr. SE, Suite C, Columbia, Missouri 65201 (state records also list this address). However, the Better Business Bureau says the company is located at 8260 East Raintree Dr., Suite 210, Scottsdale, Arizona 85260 (and gives the company an F rating). Medicredit’s parent company, The Outsource Group, purports to offer “onsite financial counseling” to hospital patients before they are discharged, which doesn’t line up exactly with their subsidiary debt collection agency, housed at the same address.The issue of medical debt aside, the actions taken by Medicredit’s debt collectors crossed into illegal activities when Mr. Alford contacted Plaintiff’s family members. Debt collectors are only allowed to contact the debtor, his or her attorney, and the creditors and their attorneys. Also under the FDCPA, it is illegal to “harass, oppress, or abuse any person in connection with the collection of a debt,” or use “unfair or unconscionable means to collect or attempt to collect any debt.” Whether or not using social media networks to snoop around in someone’s life constitutes “unconscionable means” will be determined in court.If a collection agency has harassed you, you may be entitled to money damages up to $1,000.00, based on the FDCPA, which has been around for almost 35 years. The FDCPA is a federal law that applies to every state. In other words, everyone is protected by the FDCPA. The FDCPA is essentially a laundry list of what debt collectors can and cannot do while collecting a debt, as well as things debt collectors must do while collecting a debt. Plus, the FDCPA has a fee-shift provision. This means, the collection agency pays your attorney’s fees and costs. Founding attorney, Michael Agruss, has settled over 1,500 debt collection harassment cases. Contact Mike Agruss Law, at 888-572-0176 for a free consultation. We want to help you, too.