Some state lawmakers are hoping to make it so debt collectors cannot use your social media accounts to collect that debt. The bill passed this session and is awaiting a decision from Gov. Kathy Hochul.
State Assemblymember Rodneyse Bichotte Hermelyn insists the experience of using social media free from debt collection agencies trying to get in touch, or worse, is something all New Yorkers should have.
“Have fun, share pictures, just share some of your personal activities whether you’re engaging in sports or performing,” she said. “Using social media to harass and attack someone is not the way to go.”
She argued there is an abundance of ways for agencies to get ahold of people, and social media shouldn’t be part of the portfolio.
“You call people, you can mail people, you can email, there’s no prohibition in terms of using some kind of internet access,” she said.
While the bill received significant, even bipartisan support, not everyone is onboard. State Sen. George Borrello voted no. He stressed that it is, in fact, hard for businesses to collect debt electronically in New York state after previous regulations were implemented to require consent for some digital communication.
“The harder that we make it for people to collect money that they owe, the more that cost is going to be passed on to consumers,” he said. “Should people be harassed? Absolutely not. Should they be able to make false claims? Absolutely not. But at the same time we have to allow for the basic completion and honoring of contracts that people make.”
Bichotte Hermelyn countered that it is also a matter of safety. She said it’s not only about regulating legitimate debt collection, but also protecting users from scams that could steal their money.
“We just want to make sure that we put safeguards in place to protect New Yorkers from harassment, misinformation, bad actors, and from deceiving and defrauding New Yorkers,” she said.
Jubilee USA Network, which works to address poverty in the context of debt and other finance issues, said the bill passing would be an important step.
"In recent years we've seen New York legislators work to tackle the debt challenges that New Yorkers face and the predatory hedge funds in New York who try to collect on debts held by countries,” said Executive Director Eric LeCompte. "Debt collectors need to be reigned in from aggressive tactics that essentially amount to stalking people.”
A group representing debt collectors in New York state did not respond to our request for comment.