This law, known as the “Stop Harassing” law, aims to protect the privacy rights of consumers by establishing channels, hours, and frequency for contacting them for debt collection purposes.
Who does it apply to?
The law applies to entities supervised by the Financial Superintendency and to all natural and legal persons engaged in debt collection, whether directly, through third parties, or through the assignment of financial or credit obligations.
What are the authorized channels?
Consumers can only be contacted through channels they have previously authorized with the relevant entities, without intruding on the personal or family privacy of the consumer, and refraining from inquiring about the reasons for non-compliance with the obligation.
Under no circumstances can the entities and individuals covered by this law contact personal or other references, except for the guarantor, co-debtor, or joint debtor, who will be contacted under the same conditions established by the law.
How often and during what hours can they be contacted?
Once direct contact has been established with the consumer, they cannot be contacted through different channels within the same week or more than once in the same day.
The law specifies that debt collection practices should be carried out from Monday to Friday, from 7:00 am to 7:00 pm, and on Saturdays from 8:00 am to 3:00 pm. Therefore, contacting the consumer on Sundays and holidays is not allowed unless there is an express authorization from the consumer. Debt collectors must also refrain from conducting collection activities at the consumer’s home or workplace.
