How many times a day can a collector call: reasons for calls, legal framework and legal advice

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Today, many people use the services of credit organizations and banks in order to make purchases or simply use financial resources with their subsequent return. However, it is often impossible to repay the debt in a timely manner. In this case, a person begins to receive suspicious calls from employees of third-party agencies, who sometimes begin to demand in a rather rude form to deposit funds. It is quite logical that bank customers are simply perplexed: how many times a day a collector can call and not get tired of repeating the same thing.

Most people who have ever taken out a loan and interacted with such employees want to clarify whether such activities are legal.

General information

First of all, it is worth noting that there is a separate legislative framework. When applying for a loan or any other debt obligation, a person signs an agreement. As a rule, it contains a clause stating that the bank or other financial institutionif necessary, may transfer rights under the loan to third parties.

There is a federal law that talks about consumer credit and loans. If a person took a loan from a bank, but did not return it within a certain period, then in this case the financial institution really has the right to refer this case not only to the court, but also to a collection agency that will deal with the issue of debt repayment. However, these firms have certain limitations that are often overlooked.

How many times a day can you call collectors

It is worth noting that until 2016 there was a serious problem that collectors began to disturb debtors. They called literally every minute. Of course, this annoyed people and caused righteous indignation. Fortunately, after 2016, new conditions appeared, which indicate how many times a day a collector can call. This allows you to protect the borrower from an annoying agency employee.

In this regard, the collector has no right to interact with the debtor more than once a day, 2 times a week or 8 times a month. In addition to how many collectors can call per day, it is also worth considering when exactly they have the right to contact the debtor. There are strictly allotted hours for such calls. The collector can dial a certain phone number only from 8 am to 8 pm. On the day off, the agent also has the right to call. But at the same time, the time of such interaction is limited. He can dial the debtor's number only from 9 am to 8 pm. At the same time, the employee mustbe sure to follow a certain charter and communicate with the client properly.

Are employees of such services allowed to call relatives, friends or work

Knowing how many times a day collectors can call, other questions arise. For example, if such a person called the debtor himself once and after that began to contact all his friends, is this permissible?

The law does contain a separate clause, which says that the intermediary (or rather the collector) between the bank (that is, creditors) and the borrower himself has no reason to interact with someone other than the person who signed the loan contract. An exception can only be the situation when such consent is given by the borrower himself.

Moreover, a third party (namely a relative, work colleague or just a friend) has every right to refuse any communication with collectors. After that, an employee of such a company has no right to disturb a person who is not related to the loan. Thus, how many times a day can a collector call relatives or friends of a debtor? Not at all if they refused to associate with him.

It is also worth noting that even if the borrower has agreed that third parties will call his comrades or colleagues, he has the right to always write a refusal and withdraw his application. If the collector even received permission to call friends and relatives of the bank client, he has no right to inform even relativesthe borrower about how much money the client owes the bank.

What the collector is not allowed to do when calling

Many have heard more than once that sometimes agents use, to put it mildly, not the most correct types of interaction with debtors. In this case, the problem is no longer how many times a day the collector can call, but how he behaves during the conversation.

Some threaten physical harm to the debtor, while others behave in a boorish way. But you need to understand that this most often happens if the debt was taken from a microfinance organization or from a private person. If we are talking about a self-respecting bank, then it is unlikely to ruin its reputation and contact such agencies that cannot perform the procedure correctly.

It is also worth considering that no matter how many times a day collectors have to call, they have no right to start using threats or profanity during a conversation. In this case, the borrower, even if he owes a huge amount, can go to court and file a complaint that he receives such threats.

To prove that the collector is behaving inappropriately, it is recommended to record each such dialogue on a voice recorder. Fortunately, all modern smartphones today are equipped with a similar option. The same goes for friends and family who receive nasty calls.

If, having learned how many times collectors can call, the borrower came to the conclusion that in his case they do not get in touch often, but at the same time they behavewrong, he can go to the bank. You need to inform the financial institution about incoming threats. There is a chance that the bank did not even know about this behavior of collectors. Then the problem will be quickly resolved.

Can a collector call on someone else's loan

Situations often occur when an agent calls and asks to return money that a person never took at all. In this situation, this behavior can be explained in several ways. It is possible that the contact details were indicated incorrectly at the time of signing the contract, or the person who applied for the loan deliberately entered not his own number, but someone else's.

Also, this happens if the SIM card was purchased recently. It is possible that this phone number had a different owner before. Also, such calls can be received if it is about a relative.

However, this does not mean that you have to pay someone else's loan. How many can collectors call in this situation? If a person did not apply for any loan, then this should not happen at all.

How to refuse collector calls if you did not take a loan

In this case, it is worth explaining to the collector that this phone number does not belong to a person or its owner really did not draw up any contracts with financial institutions. If the calls continue, then you should contact the financial institution on behalf of which the agent acts and ask for a certificate of no debt.

You also need to write an application to remove the phone number from the bank's database.

Is the collector obliged to introduce himself during the call

Yes, under the Federal Consumer Credit Claims Act, any third party who acts as a person to clarify debt information before communicating with a customer (regardless of whether it is a phone call or a personal meeting) must clearly pronounce his first and middle name, as well as his last name and information, which includes the specific name of the organization he represents and its address.

If an employee of a collection agency does not comply with such a requirement, then in this case the client can safely explain to him that he does not intend to talk to a stranger, and hang up. The citizen has every right to do so.

Where to complain

Knowing how much you can call collectors a day, a person has the right to be indignant if a financial institution bothers him on the phone every 15 minutes. First, you should try to explain to the collector that he should not behave this way. However, more often than not, this doesn't work.

In this case, you must contact Rospotrebnadzor or the Central Bank. It is enough just to send an application to the appropriate authority, a personal visit is not required. Also, any citizen, in case of such actions and abuse of authority by the collector, can apply to the prosecutor's office. If you constantly receive threats to life, then you should notturn a blind eye to it. We need to take action. Otherwise, the situation can only get worse.

In closing

Despite the fact that collectors operate legally, they have no right to exceed their official duties. Do not be shy to defend your own position, especially if the law is on the side of the injured party. If a person has suffered moral and even more so physical harm, then he has every right to recover from the collection agency a sum of money for the damage caused. To do this, you need to send the case to the court and be patient.