On July 10, 2023, Law 2300, known as the "Stop Pestering" Law, came into effect, aiming to safeguard consumers' right to privacy and establish clear limits on the practices of debt collectors and offerors in debt management and the sending of advertising messages.
The main purpose of this law is to protect consumers from the constant and sometimes invasive communications they receive through various channels, such as SMS, applications, emails, and phone calls, from debt collectors and those offering goods and services. Through this legislation, the aim is to limit such contacts and ensure more respectful and less intrusive treatment.
To achieve this objective, the law establishes specific restrictions for debt collectors and offerors:
- Contact Channels: Debt collectors and offerors may only use channels previously authorized by the consumer. This respects the customer's preference and avoids unwanted contacts.
- Single Schedule: On business days, Monday through Friday, communication may take place between 7:00 a.m. and 7:00 p.m. On Saturdays, the permitted hours are from 8:00 a.m. to 3:00 p.m. Outside these hours, communications are not allowed.
- Contact Frequency: It has been established that debt collectors and offerors may only make one daily contact with the consumer. Furthermore, if direct contact is achieved, only one communication channel per week will be allowed.
Failure to comply with these protective measures entails sanctions by the Financial Superintendence and the Superintendence of Industry and Commerce, which will supervise compliance with the law and apply the corresponding sanctions to those who do not respect these provisions.
The law also includes some points of interest to consider:
If the consumer wishes to be contacted at times other than those established, they must expressly state so.
Debt collectors may only inquire about the debtor's financial situation for the purpose of offering payment alternatives, not to investigate the reason for their default.
Contact with personal references or any other contact not authorized by the consumer is not permitted, except for the guarantor, co-debtor, or joint debtor, as they will be contacted under the same conditions established by this law.
Debt collectors are prohibited from making visits to the debtor's home or workplace, except in cases where they have express authorization or if contact with the debtor is impossible.
With this new legislation, the aim is to create an environment of respect and protection for consumers, ensuring that communications are more limited and appropriate to their needs, without invading their privacy or affecting their quality of life. The "Stop Pestering" Law represents an important step towards a fairer and more balanced relationship between consumers and those who manage debts or offer goods and services.