The Chairman of the state Duma Sergey Naryshkin and Federation Council speaker Valentina Matviyenko has submitted to the state Duma the bill “About protection of the rights and legitimate interests of individuals in the implementation of activities to repay debt”, establishing rules of interaction of collectors with debtors. About it “Interfax” was informed in Committee of Council of Federation on budget and financial markets.
According to the document, the share capital of the collection Agency shall be not less than 10 million rubles, and the collection activity should be the primary activity of the organization that has the right to engage debt collection. All manifolds will have to be in the registry, to be maintained by “authorized government body”.
In addition, the bill limits the communication of the collector with the debtor. Personal meetings should take place no more than once a week, calls to debtors are permitted to do no more than twice a week. Communication with debtors from 22:00 to 8:00 on weekdays and from 20:00 to 9:00 PM on weekends is prohibited.
In each interaction with the debtor, the collection Agency employee will have to introduce myself. It is forbidden to use devices that hide phone number or email address. To store the paper documents and audio recordings, supporting communication with the debtor, collectors will be required within three years.
The document also prohibits collectors the use of physical force, threats of its application, the personal injury, property damage, psychological pressure, deception collectors is prohibited. In addition, the bill prohibits interaction with minors and incapacitated citizens.
For violations of rules of communication with debtors collectors proposed fine of 2 million rubles. Assume that the rules of communication with debtors will be distributed to collection agencies, and banks and microfinance organizations.
The bill permits the transfer of personal data of the debtor to the claimant, who purchased rights of claim on the loan only after the personal consent of the citizen. The debtor at any time has the right to refuse to communicate to the collector or to determine that their representative stated in the bill. To report the debt to third parties or disclose information about the debtor in the document prohibits Internet.
The bill proposes to require the collection Agency to the list of employees with access to customer information. The authors of the document propose to ban to engage in collection activities to the staff with a criminal record for crimes in the sphere of economy and public security, and leaders with a damaged business reputation.
That Naryshkin and Matviyenko are going to introduce to state Duma the bill collectors interact with debtors, before writing. The interlocutors in the state Duma highly assessed the chances of the adoption of the initiative in the Duma. “Naryshkin is not an ordinary MP, he does not put signature on the bills will not be accepted” — said a source in the Duma faction “United Russia”.
The bill collectors were prepared in Russia about ten years. In November 2014, the issue drew the attention of the President of Russia Vladimir Putin. He said at the Russian popular front’s forum that, “when debt collection agencies resort to illegal methods of tapping out of the money”, must intervene by law enforcement agencies.
At the end of January 2016, the 44-year-old collector from Ulyanovsk Dmitry Ermilov suspected arson of a house, in which the hospital was two-year-old child. Later Yermylov was accused of attempt at murder of two persons and arrested.
After that Matvienko has proposed to suspend the activities of collection agencies: “due To the increasing cases of lawlessness on the part of collectors it is necessary to suspend the activities of collection agencies before adopting a law that would strictly regulate their work”, — said the speaker of the Federation Council.