A judge in a Florida case has ruled that debt collectors may not use social networking sites to contact debtors, their family or their friends.
I found this case interesting in part because I used to write a column for Commercial Law Bulletin (published by the Commercial Law League, an organization of collection, creditors’ rights and bankruptcy professionals). It’s also intriguing to watch how social media is becoming a valuable business tool for more than marketing.
The dust is far from settling when it comes to legal decisions on what can and can’t be done using social media – in fact, it’s barely begun to be kicked up. But cases like this one point to the clear need for companies to:
1. Have a social media strategy
2. Have a social media policy
The most dangerous thing a business owner can do in terms of social media is to ignore it. You don’t have to become a social media expert, but you need to recognize the power of the medium. You can’t decline to participate – social media is part of our business landscape, and your choice is not if but rather how you’re going to use it. You can be proactive or reactive, and you have to decide which is the better business strategy.
As far as the Florida case goes, I think the judge made the right decision. Yes, creditors have the right to be paid and debtors should pay what they owe, but I don’t think Facebook is the place for that dialog to occur. But what else can or should companies say – or not say – about their customers, colleagues, suppliers, and clients on Facebook or other social media sites? And how should companies respond to what others say about them? Don’t wait for the rules to get written for you; decide your own rules for yourself now, while you still can.
If you haven’t created a Facebook presence for your company because you don’t have time to maintain it, let’s talk.
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