It Establishes Penalties To Illegal Collections Procedures


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Article 1.-introduce the following modifications in the law No. 19.496, laying down rules on the protection of the rights of consumers: 1. replaced the letter e) article 37 with the following: e) the system of calculation of costs generated by the extrajudicial collection of unpaid loans, including fees that apply, and the modalities and procedures of such collection. ".
2 Intercalanse following paragraphs second, third, fourth and fifth, new, in article 37, passing the current subsection second to be sixth: may not charge, for expenses of pre-judicial, amounts which exceed the percentages listed below, applied on the principal sum or the overdue fee, as appropriate, and in accordance with the following sliding scale : obligations of up to 10 units of building, 9%; for the part exceeding 10 and up to 50 units of development, 6%, and for the part exceeding 50 units of fomento, 3%. The indicated percentages will be applied once within the first fifteen days of delay.
Between modalities and procedures of the pre-judicial will indicate if the supplier will be directly or through third parties and, in the latter case, identify responsible; hours that shall be carried out, and the eventual information thereon to be provided to third parties in accordance with the law Nº 19,628, on protection of data of a personal nature.
It shall also, such modalities and procedures of pre-judicial can be changed annually in the case of operations of consumption whose payment period exceed one year, in terms that isn't burdensome or onerous for consumers or discriminate among them, and that such changes are alert with a minimum of two periods of payment advance.
Pre-judicial performances may not consider shipping consumer documents that appear to be written judicial; communications to third parties unrelated to the obligation in which realises the delinquency; visits or telephone calls to the abode of the debtor during the days and hours that are not that article 59 of the code of Civil procedure States working, and, in general, behaviors that affect the privacy of the home, normal members coexistence or the work situation of the debtor. ".
3 insert in paragraph 3 of title III, then of article 39, the following articles: "article 39 a. also constitute violations of this law the requirement of cost of collection different or greater than those laid down in the second paragraph of article 37 or higher that resulting from the application of the system of calculation that has been previously reported to the consumer according to the letter e) of the same article; the application of modalities or pre-judicial collection procedures prohibited by the fifth paragraph of article 37, different from those who were announced under the third paragraph of the same article or, where appropriate, other than those who are in force as a result of the changes which have been introduced in accordance with the fourth subparagraph of article 37 referred, and the violation of the provisions of article 38.
Article 39 B-if charged extrajudicially credit-default of the supplier, consumer always can pay directly to this total overdue debt or unpaid dues, including the expenses of collection applicable, even if the supplier has conferred provincial Council to collect and receive payment, or both have designated a person for these purposes. The above does not preclude that the parties agree that the supplier receives for parts what is due him.
In such cases, by the reception of the payment will end the mandate that has given the supplier, who must give notice immediately to the President to refrain from continuing in the collection, without prejudice to the fulfilment of the obligations referred to in article 2158 of the Civil Code.
The provisions of this article, in article 37, letter e) and subsections second, third, fourth and fifth, and article 39 A shall apply also to credit operations of money involving entities controlled by the Superintendency of banks and financial institutions, without prejudice to the powers of this agency Inspector. ".