Persistent calling, leaving family messages or harassing debtors is prohibited from 2022, when the bill was adopted. Organic law to defend the rights of clients of the national financial system and avoid inappropriate charges and unwanted services.
However, many collection agencies are stepping up their efforts to contact debtors if they cannot reach a payment agreement through traditional methods, such as calls or texts. Therefore, the employees of the collection company can come to the debtor’s workplace to leave a collection notice and ensure that your message is received.
But this practice is illegal according to consumer protection lawsince it becomes part of the rule that the debtor “cannot be exposed to shame, ridicule or slander”explained the lawyer Cesar colonelgeneral director Defense debtors Ec.
It is also prescribed in Financial monetary organic codewhich prohibits financial institutions from using judicial and extrajudicial collection methods, that offend their privacy, personal or family dignity, honor or good reputation.
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When collection companies go to the debtor’s office and “say they’re contacting you about a debt, they’re slandering you. It’s also annoying because it is the intention of going to the office to look for the person and try to expose them to ridicule“, said the colonel.
If a representative of the collection company goes to the debtor’s work, there are certain measures that can be taken. First, advises the lawyer, The people at the reception must be instructed that they cannot receive this type of document or let the creditor through. It is also important to obtain evidence, such as photographs of visitors, so that the debtor can file an appropriate harassment report with the Office of the Ombudsman.
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According to the colonel, Harassment includes calls to the workplace, family or friends of the person with the debt. Creditors can contact the debtor, co-signer or guarantor only through a personal number.
Sanctions for violation of this regulation can vary from one to ten unique basic salaries (SBU), i.e. 4500 USD. In case of relapse, companies can pay double.
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Source: Eluniverso
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