Would you use Facebook to help collect?

It's an interesting case and for me, the answer is like most - - it all depends on the circumstances. If the debtor is working with you and cooperative, we all have a tendency to be more lenient and understanding. If the debtor intentionally avoids you and does not return what he purchased if still available or that has retained value, that is another story. We all have our recollections of the debtor who we know intentionally scammed our companies. We would like nothing better than to nail him in whatever way we could. If a collection agency was successful in recovering funds using the internet as a lever, I'm not certain how many of us would complain in that circumstance. We would assume that he got what he deserved and would not quibble with having opened Pandora's box to unscrupulous use of social network sites.

With the advent of the internet and its growing "intrusion" into our lives, there is less and less expectation of privacy and confidentiality. If we subscribe to these venues and freely provide details of our lives and a window for those we know to write about us, we open the door to anyone and are naive to expect limitations on their use.

In a small town, you can walk into a store and see your bounced check on the wall for all your friends to see. If you sign a purchase contract for a car, should you be surprised to see it copied at the dealer's lot or on the internet with a red "Past Due" stamp on it?

We are well aware that your loose younger days nude in the hot tub can come back to haunt you on the internet. It should be no shock that details of your purchases may also appear on the internet. Our purchase preferences are already tracked by many services. I'm certain the those with a high credit score receive more pre-approved credit card applications in the mail than the debtor in question. Someone culled the credit history of the masses and compiled a list of those they wanted to use their credit card. Absent a provision in all contractual agreements and transactions that they are private and confidential, we are all looking at the potential publication of much more of our records.

If the information about you is factual and simply posted, is that considered harassment? I don't necessarily approve of those sorts of postings, but I don't know of any prohibition other than a sense of propriety. If I was a car dealer and stopped in my competitor's showroom and saw the contract posted with the delinquency pinned to the wall, that would certainly guide me should the debtor appear on my lot. In that case, we are happy to see it. It's only when we are on the receiving end that we question whether the ends justify the means. We generally have no issue when we never expect it to affect us personally. However, I do not condone involving others not a party to the dispute.

In the instant case, I understand that the debtor was upfront with the finance company and supposedly had unfortunate financial set-backs. But, while you can hope for a sympathetic ear, there is no obligation on a creditor or collection agency to forestall the terms of any agreement. Those companies have their own problems and obligations to their own employees and creditors. The debtor's remedy is to return the vehicle and work-out repayment terms of the shortfall and rely on public transportation or friends until her situation improves.

If we do not approve of the posting of what we consider to be private information on the internet or the broad use of any information we uncover, we need to tighten and clarify the laws. As the internet continues to evolve, I expect the laws governing its use to follow closely behind.

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Would you use Facebook to help collect?

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