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The deputies of the lower house of parliament adopted in the third, final reading the law on the protection of the rights of citizens of the Russian Federation from unscrupulous collection agencies and microfinance organizations.
The provisions of the law apply only to borrowers who are individuals and have arrears. This law will not apply to individual entrepreneurs. Also, the document will not concern citizens’ debts to other individuals if the amount of the debt does not exceed 50 thousand rubles. and will not apply to cases of collection by creditors of debts that are provided for by other federal laws.
Thus, the norms of the law do not apply to debts, in particular, for communication services and housing and communal services. If the creditor (in relation to housing and communal services, it is a resource supplying organization) turns to the services of professional collectors to collect debts, then communication with the debtor will be carried out in accordance with this law.
In addition, a ban has been introduced for microfinance organizations to collect debts, this right remains with credit organizations and professional collectors. Also, for microfinance organizations, the maximum amount of interest that the organization has the right to charge the debtor on a loan has been reduced from four times to three times the size of the loan. This limitation does not include the amount of penalties for late arrears. At the same time, the amount of penalties cannot exceed two bodies of the overdue part of the debt. It is also established that the borrower can refuse to communicate with the collectors four months after the delay in the loan. Then, if the collector decides to apply to the court in connection with the debt, the collectors have the right to communicate with the debtor for another two months from the date the court made the decision. The period after which the borrower can refuse to communicate with collectors will not be reset in case of transfer of debt.
In addition, the law establishes the rules for communication between collectors and debtors. So, it will be possible to call debtors only twice a week, and to meet no more than once. Also, collectors are prohibited from communicating with the borrower on weekdays from 22:00 to 8:00 and from 20:00 to 9:00 on weekends. Moreover, the law does not limit the number of contacts with the collector at the initiative of the debtor. In addition, collection companies are required to meet a number of requirements. They must be registered legal entities, have assets of 10 million rubles or more, enter into a compulsory liability insurance contract for damages to the debtor with an insurance amount of at least 10 million rubles. per year, have a website on the Internet, and so on.
Direct interaction with debtors is prohibited for persons who have an unexpunged or outstanding conviction for crimes against the person, crimes in the economic sphere or crimes against state power and public safety. In this case, the creditor does not have the right to attract two or more persons to communicate with the debtor. The law prohibits the use of threats against the debtor, threatening property damage, exerting psychological pressure, as well as misleading the debtor and other persons about their rights. Also, collectors are forbidden to disclose information about the debtor and the amount of debt for an unlimited number of persons, including posting this information on the Internet or in residential premises.
21.06 16:43