Through calls, sometimes personal and sometimes just recordings, e-mail and even WhatsApp messages, Collection entities conduct their collection efforts on behalf of banks or businesses. However, many of them they were made in the early hours of the morning or relatives of the debtor. Faced with user complaints, collection calls have been regulated since February 2022 in the Consumer Protection Act, with the reform of Article 49 of the Organic Act on Consumer Protection.

‘Delete me from database’, the solution to persistent sales and promotional calls

It sets limits precisely for the collection of debts through calls, messages or emails with the aim of ending “abuse and harassment of which many debtors were victims.” This is how César Coronel, lawyer and general manager of defensadeudores.ec, a company that advises debtors, explains it. The expert points out that “it is important for citizens to know that, despite having debts, they also have rights.” This is because there are collection companies and financial institutions that do not know or ignore this regulation, which is binding”.

What are the prohibitions against harassment?

What to do if these rights are violated?

Coronel says that in the event of a violation of the consumer’s rights in terms of billing, a complaint can be made before Ombudsman for clients of every financial institution, supervision of banks or companies and the Ombudsman’s office. In the meantime, entities or companies that do not comply with the provisions established by this law may be fined in the range of 1 to 10 unique basic salaries (SBU), i.e. up to 4500 dollars. In case of recurrence, it will be double.