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As of October 10, Law 2300 of 2023, known as "Dejen de Fregar", came into force in Colombia. This law aims to protect the right to privacy and intimacy of consumers by establishing regulations on the times, channels and frequency with which banks and other consumer entities can communicate with their users. We will tell you a little more about this essential law.
What Does This Law Consist Of?
As mentioned above, the purpose is to put a limit to the collection entities, who used to harass users who were in arrears or with any credit obligation, by making calls or communicating by other means during non-business hours.
Who Must Comply with this Law?
This law must be complied with by natural and legal persons engaged in the collection and sale of products. They must also be complied with by organizations under the supervision of the financial superintendence and by manufacturers and suppliers of products and services, whether private or public, in relation to the sending of promotional messages through messages, e-mails and telephone calls for commercial or advertising purposes.
What are the Established Hours for Receiving Calls from These Entities?
The hours allowed to contact users are Monday through Friday from 7:00 a.m. to 7:00 p.m. and Saturdays from 8:00 a.m. to 3:00 p.m.; Sundays and holidays, it is not allowed to generate any kind of call.
What You Can Do If the Entity Does Not Comply With the Provisions of This Law
If the entity does not comply with the law, you should file a complaint with the Superintendence of Finance or the Superintendence of Industry and Commerce, so that the entity is sanctioned for this conduct.
Restrictions on collection managers
Entities may not ask the financial user for the reasons for his or her default on obligations. However, they can suggest payment options that fit their financial situation.
Collection actions involving visits to the home or place of work of the financial or service user are not authorized, except in cases of:
- Obligations acquired through microcredit, development credit, agricultural or rural development, as long as there is the explicit approval of the consumer.
- When collection managers, whether natural or legal persons, lack updated information on authorized channels, and telephone operators and physical or electronic courier companies report the impossibility of contacting or delivering messages to the consumer recipient, which must be recorded.
The debtor's personal references cannot be contacted. The guarantor, co-debtor or joint debtor will only be contacted at the specified times. This restriction also applies to entities supervised by the Superintendencia Financiera.
The above measures do not apply to contacts for the purpose of informing the consumer about specific confirmation of monetary transactions in voluntary savings and severance pay, sending information requested by the consumer or generating alerts about fraudulent, unusual or suspicious transactions.
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