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

The law on collectors from January 1, 2020 regulates the rights of debt collectors and those who had to deal with them.

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

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In Russia, collection agencies appeared almost 15 years ago, but for a long time their activities were not supported by legislative acts.

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

In 2016, the question of whether collectors are legal was closed. The authorities set boundaries for them. Federal Law No. 230 was adopted, which outlined the points by which methods agencies could collect debts.

Interaction with non-payers was limited to calls within a set period of time, correspondence and personal meetings (with some reservations).

In 2020, creditors are not allowed to call from hidden numbers or write SMS. The debtor has the opportunity to refuse too annoying collectors.

Rights of collectors under the new law

After the passage of the bill, debt collection agencies had to curtail their appetites. Previously, they could call and write to debtors (as well as their families) at any time. 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 should not contradict existing legislation.

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

Agencies cannot apply to a bank customer who is in arrears in payments if there is no corresponding clause in the loan agreement that allows the involvement of third-party organizations. In addition, the financial institution is obliged to notify the debtor that his debt has been transferred to a collection firm.

When communicating with a defaulter, an employee of the company must provide his personal data and name the organization he represents. If a debt collector tries to contact you during a period when calls are prohibited, you can file a complaint against him.

How many times can debt collectors legally call?

The new law on collectors has established the main rule that people who have encountered their activities have been waiting for. Now debt collectors are not allowed to call at night.

On weekdays, the time for phone calls starts at 8 am and ends at 10 pm. On weekends and holidays calling is 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 more than 20 calls per day, this is considered an invasion of privacy and you have the right to sue. Also, employees of organizations are prohibited from calling relatives or friends of the debtor.

In addition, the number of personal meetings was 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 to whom can collectors call under the new law.

Do collectors sue?

Many are concerned about the question of whether collectors can sue if they do not get their money back. Often this argument is used as a way to influence debtors.

Indeed, a company can apply to a higher authority, but a person does not face a prison term 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 concluded a formal agreement with the bank cannot apply to the highest authority.

If the appeal to the court has occurred, the debtor will be responsible to the bank, and not to the collectors. Accordingly, there can be no talk of any repayment of sky-high interest (which debt collectors often try to impose). They can only appoint the payment of a penalty in accordance with the loan agreement.

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

Rights of debtors under the new law

Remember that collectors can only call or write to you within 4 months of the loan being in arrears.

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

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

If an employee of the company violates the established rules (does not appear, threatens or calls at night), a complaint can be made against him. However, before going to court, it is worth stocking up on evidence of a violation of the law.

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What to do if debt 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 responsibility for this.

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

Another way is to blacklist collector numbers or change your phone number. True, 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 being treated in medical institutions;
disabled people of the 1st group.

If you don't mind talking to creditors, speak politely and without being offensive. Harsh language can be used against you if the case goes to court.

What to do if collectors threaten in 2020

If your life, health or property is threatened, you need to collect evidence to apply to the courts.

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

If they try to intimidate you by SMS, save messages in the phone's memory. In the future, they will also be used in court as evidence. You can just ignore the threats if you don't plan on starting a lawsuit.

List of prohibitions for collectors.

Where to complain if collectors call for someone else's loan

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

your number was indicated by the person who took the loan;
the number previously belonged to the debtor;
you are the guarantor of 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 is a long process and you can go the other way.

To begin with, you should find out from the calling employee who the loan agreement is issued for and where your number is known from.

If you are a guarantor or someone you know indicated 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 collectors. If you receive threats, make a dictaphone recording and contact the police.

In the case when you are not familiar with the defaulter, you should contact the bank for an extract on the absence of debt. The document is submitted to the collection company with an explanation of the situation. After that, the calls should stop.

How can a debtor sue debt collectors?

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

If you continue to be harassed, file a lawsuit. Before doing this, swipe independent expertise loan agreement and send a complaint to the Central Bank. An application to the court can be submitted personally, or you can entrust it to your legal representative.

After the law began to operate, conflict situations became less. However, unaccredited organizations that violate all legal norms still operate. Authorities plan to toughen the punishment 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 relevant and important topic: collection law entered into force from January 1, 2017. It's about O Russian legislation, so this is not relevant for residents of other countries yet, but it is likely that each country will soon also have its own anti-collector law, since the problem of interaction between collectors and debtors is becoming more acute and requires legislative intervention.

So, when you hear the expression "law on collectors 2016-2017", this means a legislative act with the following exact name: Law No. 230-FZ of 07/03/2016 "On the protection of rights and legitimate interests individuals when carrying out activities to return overdue debts and on introducing amendments to the federal law on microfinance activities and microfinance organizations. This law was signed six months ago and entered 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 entire text of the law on collectors (it is easy to find on any legal portal), but I will outline and comment on only the most important.

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

The law on collectors - 2017 applies only to interaction 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 (banks, microfinance organizations, etc.), and legal structures acting on his behalf, or to which the right to claim debt has been transferred under an assignment agreement (cession) - collectors .
The Law on Collectors - 2017 only applies to the collection of overdue debts on loans and borrowings, but does not apply to debts formed in other ways (for example, on utility bills, taxes and fees, etc.).
The law on collectors - 2017 does not apply to amounts up to 50 thousand rubles (that is, if a private lender issued a loan / loan within this amount, the anti-collector law cannot be applied to it).
A collection company that collects overdue debts must be entered in a special state register.

The document clearly defines the list of acceptable methods of work of 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 collector operation methods. 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 withdraw this consent at any time by notifying the lender/collector by 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 someone begins to "get" collectors on another person's loan, he has the right to refuse to interact with collectors in an official letter, and after that, according to the anti-collector law, the appeals should 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, as well as in the case described above.

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

The use of physical force, the threat of its use, the threat to the life and health of the debtor or third parties (it is logical, however, highlighted in 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;
Providing psychological pressure on the debtor and third parties (I think this will be a very controversial issue, because it is not indicated what can be considered psychological pressure);
The use of words and phrases that degrade 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, the causes of occurrence, the timing of execution, the transfer of the case to court, liability for non-fulfillment of obligations, possible forms criminal or administrative prosecution, the creditor/collector's belonging to the authorities, and other abuses of the legal framework (and 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 states once again that the lender is not entitled to transfer any information about the borrower and his personal data to third parties without his written consent, drawn up in a separate document. However, the following list of exceptions to this rule is immediately indicated, from which it follows that the lender can transfer this information without the consent of the borrower to a number of state structures, as well as other creditors and collectors entered in the state register.

At the same time, the law on 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 lender has the right to involve only 1 collection structure to collect overdue debts from the borrower.

The law on collectors from January 1, 2017 prohibits any interaction of collection structures with:

Citizens who have filed an application for bankruptcy or have already been declared bankrupt (according to);
Citizens recognized as incompetent;
Citizens who are being treated in a hospital;
Disabled people of the 1st group;
Minors.

However, only if these citizens have provided supporting documents.

Personal interaction of collectors with debtors is prohibited:

Personal meetings with the debtor more than once a week;
Personal telephone conversations more than 1 time per 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 22:00 to 08:00, on weekends and holidays - from 20:00 to 09:00;
More than 2 times a day, more than 4 times a week, more than 16 times a month.

At the same time, during personal interaction, a person is obliged to introduce himself, giving his full name, as well as the name (name) of the creditor / collection company in whose interests he works. When interacting by electronic and voice messages, all this information should also be provided, as well as full information about the creditor, about documents confirming the existence of debt, information about the amount of debt and its repayment, number contact phone 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 and send messages to collectors are made.

Further in the anti-collection law follows 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-collector law ends with an article on introducing some changes to the law on microfinance organizations. It states that now they are not entitled to charge the borrower fines and penalties in the amount of more than three times the amount of the original loan (before that, there was a fourfold limit). This restriction applies only to consumer loans issued for a period of up to 1 year.

In addition, the law, which entered 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 in the event of a delay, and not on the entire amount, and such accruals should not exceed twice the amount of the outstanding part of the loan. The new law on collectors obliges MFIs to include these rules in the text of the loan agreement on the 1st page.

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 dealing with overdue debts in the interests of the borrower. And in case of non-compliance with these norms, they can theoretically be held accountable (what will actually happen - time will tell).
Conclusion 3. In view of the fact that the activities of collectors will now be “bound” by the legislative framework, a much wider practice will be lawsuits to debtors. So, the entry into force of the law on collectors does not mean that now you can not repay your debts. It's just that all this will take place in a more legal field, which is correct.

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

I wish you never to allow the formation of overdue debt, but if it has already formed, it is good to know your rights and obligations and take all measures to pay it off as soon as possible. You may also find the following articles helpful:

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

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Commercial banks are the most different ways seek to minimize the problem of non-repayment of loans. The main method of reducing the percentage of bad debts in the composition loan portfolio bank is the assignment of debts to third parties through. In other words, financial institutions independent work with problematic debts prefer the sale of those 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 customers. But at the same time, collectors often abuse their rights to private individuals' debts and commit illegal acts.

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 in the direction 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 collect debts from borrowers or guarantors on their own, sometimes in a rather harsh form, and the methods of their “work” balance on the verge of legality. Until 2016, the activities of collection organizations as such were questionable due to the lack of legislative framework enough in this new sphere civil law relations. In turn, representatives of the collection business acted on the principle "what is not prohibited by law is permitted." Harassment by collectors became a real nightmare for unscrupulous borrowers - nightly telephone threats and blackmail, visual agitation among neighbors and work colleagues, endless letters and visits from hard collection "scoundrels" were used. Repeatedly, their crimes were covered on the pages of well-known magazines and newspapers, as well as on the air of television channels. In general, this problem was given a move.

The new law on collectors in 2016 was adopted!

In contrast to the near-legal activities of collectors, the newest 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 result of this trend, may end up with another social dilemma within a huge country, if lawyers at the level of legislative initiative had not intervened in the natural course of events. I must say 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 a sharp concern about the rights of unscrupulous borrowers and setting 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 Russian Federation. It must be said that the relevant bill was promptly put on the agenda of the Duma by Chairman Sergei Naryshkin in collaboration with Federation Council Speaker Valentina Matviyenko. 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 N 230-FZ "On the protection of the rights and legitimate interests of individuals in the implementation of activities to return overdue debts and on amendments to the federal law" on microfinance activities and microfinance organizations "", 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 collectors and borrowers in 2017? Let's take a look at some of its key points.

one . Either the creditor himself (or another credit organization, which has transferred the right to claim the debt) or a collection organization that carries out activities to return overdue debts as the main type of activity, which, in without fail included in the state register. Require the registration number in the state register before starting communication! The creditor is not entitled to involve two or more persons at the same time to carry out activities to repay the debt.

2. Collectors can communicate with the debtor's family members, 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 withdraw consent at any time. The refusal may be sent by the debtor in the form of an appropriate notification through a notary or by registered mail with a return receipt or by delivery against receipt. If such a notification is received, the creditor is not entitled to carry out interaction with a third party aimed at returning overdue debts in the ways by which the notification with a refusal was received.

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

Refusal can be sent in the same ways as in the previous paragraph. In case of receiving a notification with a refusal, the creditor is not entitled to carry out any interaction with the debtor in the ways that were refused.

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

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

Not allowed:

to use physical force against the debtor and other persons, to threaten it, to kill or cause harm to health.
destroy or damage property or threaten to do so.
use methods that are dangerous to human life and health.
exert psychological pressure on the debtor, including the use of expressions or actions that degrade the honor and dignity of the debtor.
mislead the debtor regarding: the amount of the debt; deadlines for fulfillment and reasons for non-fulfillment of obligations; the possibility of applying to the debtor various measures of administrative and criminal procedural influence, as well as criminal prosecution; the collector's affiliation with the authorities.
provide other means of unlawful harm to the debtor and other persons and abuse the right.

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

7. It is not allowed to disclose information about the debtor to an unlimited circle of people on the Internet, in a residential building (any building), as well as in the form of a message at his place of work.

eight . It is not allowed to influence the debtor if:

he is recognized or he has an agreement with the creditor to restructure the debt.
he is incompetent, is being treated in an inpatient medical institution, is a disabled person of the 1st group or a minor.
it takes place on weekdays from 22:00 to 08:00 and on weekends and non-working holidays from 20:00 to 09:00 local time.
the number of face-to-face 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.
telegraphic messages, text, voice and other messages transmitted over telecommunication networks, including mobile communications, come to the debtor on business days from 22 to 8 hours and on weekends and non-working holidays from 20 to 9 hours 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 the collection of overdue debts must necessarily introduce himself, stating 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 the full name, information about the fact of overdue debt, the contact phone number of the creditor or collection organization. For postal items, the list of data for mandatory indication is significantly expanded.

The text in the messages sent to the debtor by mail and in the documents attached to them must be displayed in a clear, well-read font. Such messages must include the following information:

1) information about the creditor or about the 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 any) (for an individual);

b) postal address, e-mail address and contact phone number;

c) information on agreements 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 the right to claim against the debtor;

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

5) details of the bank account to which the debtor can be credited cash for repayment of the delay.

10 . Creditor it is forbidden to hide information about the contact phone number from which the debtor receives a call or sends a message. Everything must be legal.

eleven . The creditor or the person representing him is obliged to respond to the debtor's appeal on issues related to overdue debt and its collection no later than 30 days from the date of receipt of the question.

12 . In case of illegal actions in relation to the debtor, the creditor or collectors are obliged to compensate him for losses and compensate for non-pecuniary damage.

Changes Restricting the Activities of Microfinance Organizations

The law on collectors - 2017 provides for a number of changes that restrict the activities of microfinance organizations, information about which each MFI is required to post on the front page short term contract consumer loan (the repayment period for which does not exceed one year) in front of the table with individual conditions contracts.

Let's consider these restrictions.

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

For loans, the repayment period of which under the agreement does not exceed one year, the MFI is not entitled to charge the borrower - physical. person interest after their amount reaches three times the amount of the loan. 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 30,000 RUB. (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 the overdue repayment of a consumer microloan (the repayment term under the agreement is not more than 1 year). After a delay occurs, the MFI has the right to accrue interest to the debtor only for the outstanding (remaining) part of the principal amount, and interest will continue until reaching double the amount the outstanding portion of the loan.

For example, if the outstanding part under the overdue contract 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 limitation - 20,000 rubles ( 10,000 rubles x 2).

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

Here it must be borne in mind that the payment for the repayment of a microloan goes primarily to repay interest and principal debts, penalties and interest accrued for the current payment period, and only then the body of the debt is extinguished. Therefore, having repaid part of the overdue debt, you are very likely to 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.

The penalty (fines, penalties) should be charged in accordance with the law only on the part of the principal amount not repaid by the borrower.

Some nuances

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

Such legal conflicts and precedents are no longer a rarity in Russia, which indicates the need for legal regulation of the activities of 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 a large number amendments proposed for consideration by relevant commissions and committees. The last version of the document (with all the additions and changes) was published only at the end of the spring session of the 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 impact on borrowers.

In cases where collectors exceed their own official powers and attempt to violate the civil rights of borrowers, law enforcement agencies (the police and the prosecutor's office) get enough reason to severely suppress socially dangerous phenomena. Therefore, the public importance and relevance of the adoption of a special legislative act about the collection activity is simply impossible to overestimate.

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 that regulates the procedure and conditions for the implementation of 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 in the implementation of activities to return 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

FZ-230 on collectors in 2019 is designed 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 recovery:

when the creditor is another individual with a debt amount of not more than 50,000 rubles, which did not arise as a result of the conclusion of an assignment agreement;
when the debtor is individual entrepreneur and arose for a long time as a result of entrepreneurial activity;
when the debt arose as a result of the lack of timely payment of utilities and similar services.

Structure

The new law on collection activities contains the following sections:

the first - describes the general provisions, gives clarifications to the terms used, indicates the scope;
the second - establishes the rules for the implementation of 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. The same section 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 legal methods and conditions for interaction with the debtor have been established:

the creditor is obliged to notify the debtor of the involvement of another person to work on the debt, indicating necessary information about such a person;
ways of interaction are established: personal meetings, telegraph messages, telephone conversations, etc., postal items;
the conditions for their implementation, the schedule for when you can call, write SMS messages, etc.;
at the beginning of the interaction, the employee collection agency is obliged to provide the necessary explanations: surname, name, patronymic of the caller and the name of the creditor, at least. In messages and letters, it is completely necessary to talk about the debt and the contract confirming the authority of the collector;
psychological pressure, threats, physical violence are prohibited, as well as any abuse of the right (for example, the dissemination of defamatory information);
interaction with third parties (relatives, acquaintances) is possible only with the consent of the debtor and the absence of objections from third parties;
the debtor gets the right to refuse interaction at all. This is possible after certain period from the date of the delay (four months).

There were also requirements for legal entities that work with debtors and debts:

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

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, it is possible unscheduled checks, including on the complaints of debtors.