FSSP “forbade” collectors to keep silent on the phone when calling debtors and abuse autodial

The Federal Bailiff Service (FSSP) for the first time explained how the controversial aspects of the law on debt collection from individuals (230-FZ) should be interpreted.

In particular, the department warned that the use of auto-dialing collectors would be equated to psychological pressure on customers and violation of the law, RBC reports.

In addition, the FSSP believes, psychological pressure can be considered promises to search for the debtor through acquaintances and neighbors, calls to him at work or silent calls to the receiver, as well as threatening messages on social networks.

At the same time, the department proposed to take into account only the “successful telephone connection” for more than one or two seconds, when the debtor had the opportunity to obtain information about the interlocutor-recoverer. However, the bailiffs believe that if the borrower hangs up, the call should be considered valid, since “the debtor must retain the right not to maintain a dialogue with the lender.”

We also recall that on July 1, 2021, it became known that Russian President Vladimir Putin signed a law allowing collectors to interact with third parties only with their consent. The document was posted on the legal information portal.

Earlier, the law was adopted by the State Duma and approved by the Federation Council. The new law, in particular, establishes that the interaction of the creditor or the collector with any third parties aimed at returning the overdue debt (family members of the debtor, relatives, other persons living with the debtor, neighbors and any other individuals) can be carried out not only with the consent of the debtor for the implementation of interaction with a third party aimed at returning his overdue debt, but also with the appropriate consent of the third party itself.