Collectors. What does the law on debt collectors (230-FZ) give the borrower? Communication between debtor and collector

The Law on Collectors, effective January 1, 2020, regulates the rights of debt collectors and those who have had to deal with them.

In particular, the legal basis for the activities of collection agencies and what they are prohibited from doing are stipulated.

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Collection agencies appeared in Russia almost 15 years ago, but for a long time their activities were not supported by legislation.

Debt collectors often acted outside the legal framework. Debtors had to deal with rudeness, threats and damage to property.

In 2016, the question of whether debt collectors were legal was closed. Government officials set boundaries for them. Federal Law 230 was adopted, which spelled out point by point the methods by which agencies can collect debts.

Interaction with defaulters was limited to calls within a specified period of time, correspondence and personal meetings (with some reservations).

In 2020, creditors are not allowed to call or text from hidden numbers. The debtor now has the opportunity to refuse overly intrusive debt collectors.

Rights of collectors under the new law

After the bill was passed, debt collection agencies had to cut back on their appetites. Previously, they could call and write to debtors (as well as their relatives) whenever they wanted. The rights of collectors under the new law are limited.

Officially, companies are allowed to take actions to collect debts from citizens of the Russian Federation. However, the methods used must not contradict existing legislation.

That is, any threats are prohibited, and even more so, damage to property (this also applies to offensive inscriptions, which collectors often use as a way to influence non-payers).

Agencies cannot contact a bank client who is behind on payments if the loan agreement does not contain a corresponding clause allowing the involvement of third parties. In addition, the financial institution is obliged to notify the debtor that his debt has been transferred to a collection company.

When communicating with a defaulter, a company employee must provide his personal information and name the organization he represents. If a debt collector attempts to contact you during a no-call period, you can file a complaint against them.

How many times can collectors call by law?

The new law on collectors established the main rule that people who encountered their activities had been waiting for. Now debt collectors have no right to call at night.

On weekdays, telephone call times begin at 8 a.m. and end at 10 p.m. On weekends and holidays Calls are allowed from 9.00 to 20.00.

The law does not limit the number of calls, but you can use a legal loophole. If you receive calls more than 20 times a day, this is considered an invasion of privacy and you have the right to take legal action. Also, employees of organizations are prohibited from calling relatives or friends of the debtor.

In addition, the number of personal meetings has been legally limited. The collector has the right to meet with the defaulter no more than once a day, 2 times a week and 8 times a month.

When and who can collectors call under the new law.

Do debt collectors sue?

Many people are concerned about whether debt collectors can sue if they do not get their money back. This argument is often used as a way to influence debtors.

Indeed, the company can appeal to a higher authority, but a person does not face a prison sentence for non-payment of a loan. The only decision that the court can make is to oblige the defaulter to repay the loan amount (for example, through monthly deductions).

Companies that have not been accredited and have not entered into an official agreement with the bank cannot apply to the highest authority.

If an appeal to the court occurs, the debtor will answer to the bank, and not to the collectors. Accordingly, there can be no talk of any repayment of exorbitant interest rates (which debt collectors often try to impose). They can only assign payment of penalties in accordance with the loan agreement.

You cannot sue if the statute of limitations has expired loan document(3 years).

Debtors' rights under the new law

Remember that collectors can call or write to you only within 4 months from the date the loan is in arrears.

After this period, you have the right to refuse to communicate with employees of collection organizations.

To do this, you need to write a written application and send it to the bank to which you owe money. The document must include the details of a lawyer authorized to communicate with debt collectors.

If an employee of a company violates the established rules (fails to introduce himself, makes threats, or calls at night), you can file a complaint against him. However, before going to court, it is worth stocking up on evidence of violation of the law.

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What to do if collectors call

If you are not in the mood to communicate with creditors, you can simply not pick up the phone. There is no criminal or administrative liability for this.

You can also write to the bank that your phone is blocked and communication is only possible by email.

Another way is to blacklist collector numbers or change your phone number. However, in the latter case, you need to issue a new SIM card for another person.

Collectors are prohibited from calling certain categories of persons:

pregnant women and women who have a child under one and a half years old;
people who are undergoing treatment in medical institutions;
disabled people of group 1.

If you don't mind communicating with creditors, speak politely and without insults. Harsh statements can be used against you if the case goes to court.

What to do if debt collectors threaten you in 2020

If your life, health or property is threatened, you need to collect evidence to go to court.

If threats come over the phone or in a personal conversation, use a voice recorder. The recording is subsequently provided to the police along with a statement about the threats received.

If they are trying to intimidate you via SMS, save the messages in your phone memory. In the future, they will also be used in court as evidence. You can simply ignore the threats if you do not plan to start a lawsuit.

List of prohibitions for collectors.

Where to complain if debt collectors call about someone else's loan

The biggest inconvenience is calls about other people's loans. This usually happens in several cases:

your number was indicated by the person who took out the loan;
the number previously belonged to the debtor;
you are the guarantor for the loan.

The official text of the law prohibits collection agencies from contacting people who are not debtors. Therefore, you have the right to appeal to higher authorities. However, this process is long and you can go another way.

First, you should find out from the employee who called who the loan agreement was issued for and how your number is known.

If you are a guarantor or someone you know has provided your phone number, contact this person to clarify the circumstances.

In any case, you have nothing to do with repaying the loan, so you can simply refuse to communicate with debt collectors. If you receive threats, make a voice recorder and contact the police.

If you do not know the defaulter, you should contact the bank for a statement of no debt. The document is provided to the collection company explaining the situation. After this, the calls should stop.

How can a debtor sue debt collectors?

If you are being harassed by debt collectors, and even threatened, you should go to court. First, collect evidence of violations (audio, video recordings), which you will provide to law enforcement agencies. Initially, you should contact the police or prosecutor's office with a description of the conflict situation.

If you continue to be harassed, take legal action. Before doing this, carry out independent examination loan agreement and send a complaint to the Central Bank. You can submit an application to the court in person, or you can entrust this to your legal representative.

After the law came into effect, there were fewer conflict situations. However, unaccredited organizations that violate all legal norms continue to operate. Government officials plan to toughen penalties for this category of agencies.

03.01.2017 30 634 88 Reading time: 15 min.

In the first article of this year, I decided to address a current and important topic: law on collectors, entered into force from January 1, 2017. It's about O Russian legislation, so this is not yet relevant for residents of other countries, but it is likely that each country will soon also have its own anti-collection law, since the problem of interaction between collectors and debtors is becoming more acute and requiring legislative intervention.

So, when you hear the expression “law on collectors 2016-2017”, this means a legislative act with this precise name: Law No. 230-FZ of 07/03/2016 “On the protection of rights and legitimate interests individuals when carrying out activities to repay overdue debts and on amendments to the federal law on microfinance activities and microfinance organizations.” This law was signed six months ago and came into force on January 1, 2017.

The Law on Collectors 2016-2017 consists of 4 chapters and 22 articles, of which only one concerns changes in the work of microfinance organizations, and all the rest regulate the interaction of creditors and collectors with debtors who have. I will not cite the text of the law on debt collectors (it is easy to find on any legal portal), but I will outline and comment only on the most important things.

The first important points that follow from the title of the law and Chapter 1:

The Law on Collectors - 2017 concerns interaction only with individuals and does not apply to business structures, including individual entrepreneurs who have received loans for business purposes.
The Law on Collectors - 2017 concerns the interaction with the debtor of both the creditor himself (banks, microfinance organizations, etc.) and legal structures acting on his behalf, or to which the right to claim the debt has been transferred under an agreement of assignment of rights (assignment) - collectors .
The Law on Collectors - 2017 concerns only the collection of overdue debts on loans and borrowings, but does not apply to debts formed by other means (for example, for utility bills, taxes and fees, etc.).
The Law on Collectors - 2017 does not apply to an amount of up to 50 thousand rubles (that is, if a credit/loan within this amount was issued by a private lender, the anti-collection law cannot be applied to it).
A collection company working to collect overdue debts must be included in a special state register.

The document clearly stipulates the list of acceptable methods of work for collectors and creditors:

personal communications: telephone conversations and live communication during meetings;
any electronic messages (SMS, emails etc.);
postal letters sent to the place of residence or stay of the debtor.

This completes the basic list of acceptable methods of operation of collectors. However, the Law on Collectors - 2017 allows the use of other methods, but only if the borrower has given written consent to this, drawn up in a separate document and containing a specific list of such methods. In addition, the law states that the borrower has the right to refuse this consent at any time by notifying the creditor/collector of this in an official letter, after which they no longer have the right to use additional methods of interaction.

Interaction of collectors or creditors with any third parties (relatives, colleagues, neighbors, friends of the borrower, etc.) is allowed only if:

firstly, the borrower gave his written consent in the form of a separate document for such interaction;
secondly, the specific third party has not expressed its opposition to such interaction.

That is, now if collectors start to “harass” someone about another person’s loan, he has the right to refuse to interact with the collectors in an official letter, and after that, according to the anti-collection law, the requests must stop.

At the same time, the debtor himself has the right to withdraw his consent to the work of collection structures with third parties, even if he gave it earlier, just as in the case described above.

The Law on Collectors, effective January 1, 2017, introduces the following important restrictions on the actions of collectors and creditors to collect overdue debts. Now they are officially prohibited from:

Use of physical force, threat of its use, threat to the life and health of the debtor or third parties (logical, however, highlighted as a separate paragraph);
Damage or destruction of property or threats of such actions (also logical);
Using any methods of interaction that pose a threat to life and health;
Exercising psychological pressure on the debtor and third parties (I think this will be very controversial issue, because it is not specified what can be considered psychological pressure);
The use of words and phrases that humiliate the honor and dignity of the debtor and third parties (also a rather controversial point);
Misleading the debtor and third parties regarding the amount of overdue debt, the legal basis for its occurrence, reasons for its occurrence, deadlines for execution, transfer of the case to court, liability for failure to fulfill obligations, possible forms criminal or administrative prosecution, affiliation of the creditor/collector with the authorities, and other abuses legal basis(but this is very important point, because Now collectors massively abuse all this, taking advantage of the legal illiteracy of debtors).

The Law on Collectors - 2017 also once again states that the creditor does not have the right to transfer any information about the borrower and his personal data to third parties without his written consent, executed in a separate document. However, below is a list of exceptions to this rule, from which it follows that the lender can transfer this information without the borrower’s consent to a number of government agencies, as well as other creditors and collectors included in the state register.

At the same time, the law on debt collectors states that it is not allowed to disclose information about the debtor, his debt and any other personal data on the Internet, in residential buildings, any other buildings and structures, as well as at the place of work. Moreover, even if the borrower agreed to this, these actions are strictly prohibited.

Also, the anti-collection law of the Russian Federation states that the creditor has the right to involve only 1 collection agency to collect overdue debt from the borrower.

The Law on Collectors from January 1, 2017 prohibits any interaction of collection structures with:

Citizens who have applied to declare themselves bankrupt or have already been declared bankrupt (according to);
Citizens declared incompetent;
Citizens undergoing treatment in a hospital;
Disabled people of group 1;
Minors.

However, only if these citizens provide supporting documents.

Personal interaction between debt collectors and debtors is prohibited:

Personal meetings with the debtor more than once a week;
Personal telephone conversations more than 1 time a day, more than 2 times a week, more than 8 times a month.

Interaction through text, voice and other messages is prohibited:

On weekdays from 22 to 8 o'clock, on weekends and holidays - from 20 to 9 o'clock;
More than 2 times a day, more than 4 times a week, more than 16 times a month.

In this case, during personal interaction, a person is required to introduce himself, giving his full name, as well as the name (full name) of the creditor/collection company in whose interests he is working. When interacting through electronic and voice messages, all this information must also be provided, as well as complete information about the creditor, documents confirming the existence of the debt, information about the amount of debt and its repayment, number contact phone number For feedback, bank account details for debt repayment.

What is important, new law about collectors - 2017 prohibits hiding phone numbers and e-mails from which calls are made and messages are sent to collectors.

Next in the anti-collection law there are a number of articles describing the procedure state registration collection structures, their responsibility, obligations to the state and control over such organizations by the state. I will not dwell on these points in detail.

The anti-collection law ends with an article on introducing some changes to the law on microfinance organizations. It states that now they do not have the right to charge the borrower fines and penalties in an amount exceeding three times the amount of the original loan (previously there was a limit on four times the amount). This restriction applies only to consumer loans issued for a period of up to 1 year.

In addition, the law, which came into force on January 1, 2017, states that microfinance organizations have the right to charge interest and penalties only on the outstanding part of the loan when there is a delay, and not on the entire amount, and such charges should not exceed twice the amount of the outstanding portion of the loan. The new law on collectors obliges MFOs to include these norms in the text of the loan agreement on page 1.

These are the main innovations entailed by the law on collectors, which came into force on January 1, 2017. What conclusions can be drawn from this?

Conclusion 1. I am sure that for a long time collectors will violate the norms of this law, and debtors will allow them to do this, not knowing their rights.
Conclusion 2. From January 1, 2017, the Law on Collectors introduces a number of really important legislative restrictions on the activities of creditors and collection firms in dealing with overdue debts in the interests of the borrower. And if these norms are not observed, they can theoretically be held accountable (what will actually happen, time will tell).
Conclusion 3. Due to the fact that the activities of collectors will now be “fettered” legislative framework, will receive much wider practice lawsuits to debtors. So, the entry into force of the law on debt collectors does not mean that you can now not repay your debts. It’s just that all this will happen in a more legal framework, which is correct.

If necessary, you can always find the full text of the law on collectors No. 230-FZ on legal portals and familiarize yourself with it.

I wish you never to allow the formation of overdue debt, and if it has already formed, it is good to know your rights and obligations and take all measures to repay it as quickly as possible. You may also find these articles useful:

Live debt-free and manage your personal finances wisely. The site will always provide you with information and consulting support. See you again!

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Commercial banks are the most different ways strive to minimize the problems of loan defaults. The main method of reducing the percentage of bad debtors in the loan portfolio bank is the assignment of debts to third parties through. In other words, financial institutions independent work with problem debts, they prefer to sell them to collection companies at break-even or even liquidation value. The price of a package of debts under an assignment agreement in favor of collectors can be several times (or even tens of times) lower than the nominal amount of the total bad debt of bank clients. But at the same time, collectors often abuse their rights to the debts of private individuals and commit illegal actions.

This article will discuss the new law on collectors No. 230-FZ, adopted in 2016, which is designed to direct the relationship between collectors and debtors into the mainstream of the law. The most important provisions of the law for the borrower come into force on January 1, 2017.

How it was…

Collectors begin to independently collect debts from borrowers or guarantors, sometimes in a rather harsh manner, and their methods of “work” balance on the brink of legality. Until 2016, the activities of collection organizations as such were questionable due to the lack legislative framework there's enough in this one new field civil law relations. In turn, representatives of the collection business acted on the principle “what is not prohibited by law is permitted.” Persecution by collectors became a real nightmare for unscrupulous borrowers - they used nightly telephone threats and blackmail, visual campaigning among neighbors and work colleagues, endless letters and visits from “murderers” from hard collection. Their crimes were repeatedly covered on the pages of famous magazines and newspapers, as well as on television channels. In general, this problem was resolved.

The new law on collectors was adopted in 2016!

In contrast to the illegal activities of collectors, a new direction of legal assistance has been developed - anti-collection services. Nevertheless, the situation with the growing statistics of non-repayment of debts and the collection business, as a consequence of this trend, could end in another social dilemma within a huge country if lawyers had not intervened in the natural course of events at the level of legislative initiative. It must be said that our parliamentarians were not idle in this field, and at the beginning of 2016 they announced the consideration and adoption of the relevant Federal Law.

Perhaps the reason for such sharp concern about the rights of unscrupulous borrowers and placing collectors within the legal framework was the recent initiative of President Vladimir Vladimirovich Putin to completely ban the activities of private collectors in the territory of Russian Federation. It must be said that the corresponding bill was immediately promptly put on the agenda of the Duma by Chairman Sergei Naryshkin in collaboration with Speaker of the Federation Council Valentina Matvienko. However, the Government headed by Prime Minister Medvedev also did not remain aloof from the legislative process on such an important issue, as a result of which a document appeared that has the prospect of becoming a Law.

And finally, in July 2016, Federal Law No. 230-FZ “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts and on amendments to the federal law “On microfinance activities and microfinance organizations”” appeared, with the official the text of which can be found at this link.

Key points of the law on collectors (come into force on January 1, 2017)

So, what does the new law promise for collectors and borrowers in 2017? Let's look at a number of its key points.

1 . Either the creditor himself (or another credit organisation, to which the right to claim the debt has been transferred) or a collection organization carrying out activities for the return of overdue debts as the main type of activity, which in mandatory included in the state register. Request a registration number in the state registry before starting communication! The creditor does not have the right to involve two or more persons at the same time to carry out debt repayment activities.

2. Collectors can communicate with family members of the debtor, his relatives, other persons living with the debtor, neighbors, etc. (with any third parties) only subject to the consent of the debtor, and if a third party no disagreement expressed on the interaction of the collection organization with him.

Moreover, the debtor can revoke consent at any time. The refusal may be sent by the debtor in the form of a corresponding notice through a notary or by registered mail with return receipt requested or by delivery against receipt. If such a notification is received, the creditor does not have the right to interact with a third party aimed at returning the overdue debt in the ways in which the refusal notification was received.

3. Interaction between creditors (or persons acting on his behalf and/or in his interests) with the debtor is possible through personal meetings, telephone conversations, text messages (for example, SMS messages) or voice messages, and mail. Other means of interaction can only be determined through a written agreement between the two parties, and the debtor can always refuse additional means of interaction.

The refusal can be sent in the same ways as in the previous paragraph. If a notice of refusal is received, the creditor does not have the right to interact with the debtor in any way that was refused.

4 . Collectors must not have an unexpunged or unexpunged criminal record. Geographically they should be located only on the territory of the Russian Federation. If they operate from abroad (for example, in the form of international calls), then this is illegal!

5 . The law calls on those involved in the recovery of overdue debts to act in good faith and reasonably.

Not allowed:

use physical force against the debtor and other persons, threaten her with murder or harm to health.
destroy or damage property or threaten such actions.
use methods that are dangerous to the life and health of people.
exert psychological pressure on the debtor, including using expressions or actions that humiliate the honor and dignity of the debtor.
mislead the debtor regarding: the amount of debt; deadlines for fulfillment and reasons for non-fulfillment of the obligation; the possibility of applying various administrative and criminal procedural measures to the debtor, as well as criminal prosecution; the collector's affiliation with the authorities.
provide other means of unlawfully causing harm to the debtor and other persons and abuse the right.

6. To transfer information about the debtor to third parties, the debtor must agree to writing as a separate document. In some cases, data will be transferred regardless of consent (for example, in Central bank RF). debtor at any time.

7. Disclosure of information about the debtor to an unlimited number of persons on the Internet, in a residential building (any building), or in the form of a message at his place of work is not allowed.

8 . Influence on the debtor is not allowed if:

he is recognized or he has reached an agreement with the creditor on debt restructuring.
he is incapacitated, is being treated in a hospital facility, is a disabled person of the 1st group or is a minor.
it occurs on weekdays from 22 to 8 o'clock and on weekends and non-working holidays from 20 to 9 o'clock local time.
the number of personal meetings exceeds once a week.
telephone conversations are made: more than once a day; more than twice a week; more than eight times a month.
telegraph messages, text, voice and other messages transmitted over telecommunication networks, including mobile communications, arrive to the debtor on weekdays from 22:00 to 8:00 and on weekends and non-working holidays from 20:00 to 9:00 local time.
the number of such messages exceeds: twice a day; Four times a week; sixteen times a month.

9 . At the beginning of any interaction, the person involved in collecting overdue debts must introduce himself, giving his full name, and provide a number of other information (depending on the type of message). For example, in telegraph messages, text, voice and other messages transmitted over telecommunication networks, including mobile communications, the debtor must see/hear his full name, information about the existence of an overdue debt, and the contact telephone number of the creditor or collection agency. When sending by post, the list of data for mandatory indication expands significantly.

The text in messages sent to the debtor by mail and in documents attached to them must be displayed in a clear, easily readable font. The following information must be indicated in such messages:

1) information about the creditor or a person acting on his behalf (in his interests):

a) name, main state registration number (OGRN), TIN, location (for a legal entity), last name, first name and patronymic (if available) (for an individual);

b) postal address, address Email and contact phone number;

c) information about contracts and other documents confirming the powers of the creditor.

2) full name and position of the person who signed the message;

3) information about contracts and other documents that are the basis for the emergence of a right of claim against the debtor;

4) the size and structure of overdue debt, the timing and procedure for its repayment;

5) details bank account, which can be credited by the debtor cash aimed at paying off arrears.

10 . To the creditor It is prohibited to withhold information about your contact phone number, from which a call is made to the debtor or a message is sent. Everything must be legal.

eleven . The creditor or the person representing him is obliged to respond to the debtor’s request on issues relating to overdue debt and its collection no later than 30 days from the date the question was received.

12 . In case of unlawful actions towards the debtor, the creditor or collectors are obliged to compensate him for losses and moral damages.

Changes restricting the activities of microfinance organizations

The Law on Collectors - 2017 provides for a number of changes that limit the activities of microfinance organizations, information about which each MFO is required to post on the front page short-term contract consumer loan(the return period for which does not exceed one year) before the table with individual conditions agreement.

Let's look at these limitations.

Effective January 1, 2017 triple limit(previously it was fourfold) interest accrual under a consumer microloan agreement.

For loans whose repayment period under the agreement does not exceed one year, the MFO does not have the right to accrue to the borrower - an individual. the person receives interest after the amount reaches three times the loan amount. For example, with a loan of 10,000 rubles, the borrower’s debt should not exceed 40,000 rubles. This amount includes the amount of the loan itself in the amount of 10,000 rubles. and accrued interest in the amount of RUB 30,000. (10,000 rubles x 3).

Please note that this restriction does not apply to penalties (penalties, fines), as well as payments for services provided to the borrower for a fee.

Another important limitation concerns overdue repayment of a consumer microloan (repayment period under the agreement is no more than 1 year). After a delay occurs, the MFO has the right to charge interest to the debtor only for the outstanding (remaining) part of the principal amount, and the interest will continue until it reaches double the amount the outstanding portion of the loan.

For example, if the outstanding portion under an overdue agreement is 10,000 rubles, then the amount requested from the borrower will be no more than 30,000 rubles, which includes the amount of the overdue debt itself - 10,000 rubles and the interest accrued on it, taking into account the double limit - 20,000 rubles ( 10,000 rubles x 2).

Interest accrual can only be resumed after partial repayment borrower of the loan and (or) payment of interest due.

Here it must be borne in mind that the payment to repay the microloan goes primarily to repay debts on interest and principal, penalties and interest accrued for the current payment period, and only then the body of the debt is repaid. Therefore, having repaid part of the overdue debt, you will most likely repay only the debt on interest, which will immediately begin to accrue until it reaches twice the amount of the outstanding part of the loan.

Penalties (fines, penalties) should be accrued according to the law only on the portion of the principal debt not repaid by the borrower.

Some nuances

Interestingly, at the regional and regional level in different parts of the Russian Federation, attempts have been made for a long time and successfully to combat collection lawlessness in favor of protection civil rights borrowers and guarantees of personal integrity of debtors (as well as their property) until court decisions enter into legal force. Such an example is the regional resolution recently adopted in the Kemerovo region (and still in force today) on the unconditional prohibition of private collection activities as such. Naturally, the document, after entering into legal force, negated the possibility of debt collection by debt collectors in the region. In turn, several collection firms have already unsuccessfully tried to appeal this decision in General Prosecutor's Office RF.

This kind of legal conflicts and precedents are no longer uncommon in Russia, which indicates the need for legal regulation of the activities of debt collectors at the federal level. As you know, the adoption of the Law we are considering on April 12, 2016 in the State Duma did not take place due to large quantity amendments proposed for consideration by specialized commissions and committees. The latest edition of the document (with all the additions and changes) was released only at the end of the spring session of Parliament. As expected, the rights of collectors in the new Federal Law are significantly limited, especially in the context of various measures of physical and psychological pressure on borrowers.

In cases where collectors exceed their own official powers and attempt to violate the civil rights of borrowers, law enforcement agencies (police and prosecutors) receive sufficient grounds to strictly suppress socially dangerous phenomena. Therefore, the social importance and relevance of adopting a special legislative act about collection activities simply cannot be overstated.

In 2016, in connection with the need to protect the rights of debtors when interacting with creditors and persons carrying out work on their behalf or independently to collect overdue debts, a law was adopted regulating the procedure and conditions for carrying out collection activities: 230-FZ on collectors. Since January 1, 2019, the official text of this legislative act has not changed, although at the moment there are two bills in the State Duma of the Russian Federation designed to expand the rights of debtors.

Let us tell you in more detail what the federal law of July 3, 2016 N 230-FZ “On the protection of the rights and legitimate interests of individuals when carrying out activities to repay overdue debts” is. This is the official name federal law about collectors. The current text for 2019 can be downloaded from the link below.

Scope of application

Federal Law-230 on collectors in 2019 is intended to regulate the activities of not only collectors, but also banks and other interested parties when working with debtors. Article 1 states that the law does not apply to the following cases of debt repayment:

when the creditor is another individual with a debt amount of no more than 50,000 rubles, which did not arise as a result of concluding an assignment agreement;
when the debtor appears individual entrepreneur and arose for a long time as a result of entrepreneurial activity;
when the debt arose as a result of lack of timely payment of utilities and similar services.

Structure

The new law on collection activities contains the following sections:

the first one describes general provisions, gives explanations of the terms used, indicates the scope of application;
the second – establishes the rules for carrying out interactions: methods, restrictions, etc.;
the third is the requirements for legal entities carrying out work with debtors, the conditions for their admission to this activity. This section also defines the basic principles of state control over such legal entities;
fourth – includes final provisions (order of entry into force, etc.).

In total, the law includes 22 articles.

230-FZ on the protection of the rights of individuals when collecting debts was adopted due to the urgent need to regulate such activities by the state, since collection agencies allowed themselves to resort to psychological pressure and even physical violence. Now installed legal ways and terms of interaction with the debtor:

the creditor is obliged to notify the debtor about the involvement of another person to work on the debt, indicating necessary information about such a person;
methods of interaction have been established: personal meetings, telegraphic messages, telephone conversations, etc., postal items;
the conditions for their implementation, the schedule when you can call, write SMS messages, etc. are determined;
at the beginning of the interaction, the collection agency employee is obliged to provide the necessary explanations: last name, first name, patronymic of the caller and the name of the creditor, at a minimum. In messages and letters, it is absolutely necessary to talk about the debt and the agreement confirming the authority of the collector;
psychological pressure, threats, physical violence are prohibited, as is any abuse of rights (for example, dissemination of defamatory information);
interaction with third parties (relatives, friends) is possible only upon receipt of consent from the debtor and the absence of objections from third parties;
the debtor receives the right to refuse interaction altogether. This is possible after certain period from the date of delay (four months).

There are also requirements for legal entities working with debtors and debts:

they must be included in a special register;
organizational and legal form - only business entities;
debt collection activities should be the main one and a reference to this fact should be included in the Charter;
size net assets should not be less than 10,000,000 rubles;
availability of special property: software, website, etc.;
Availability current agreement liability insurance.

This is the main content of the law. It is also established that the activities of these legal entities are subject to federal state control by the FSSP; unscheduled inspections, including complaints from debtors.