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Despite the law adopted in Russia on the protection of the rights and legitimate interests of individuals in the implementation of activities to recover overdue debts, which is designed to protect against unscrupulous collectors, many citizens complain about calls and threats, the dissemination of information defaming their honor and dignity, and the violation of their rights to privacy.
For example, one of those who contacted the Legal Aid Center said that because of the debt he faced the threat of dismissal, since the representative of the debt collector contacted the employer and rudely demanded "assistance" in repaying the loan. Another citizen's relationship with his relatives deteriorated because of an overdue loan. They received messages with calls to help the debtor collect money.
Often, persons acting in the interests of the collector contact not only the relatives of debtors, but also the friends and acquaintances of borrowers - users of social networks. Seeing that a person is on the list of friends of the defaulter, the collectors begin to correspond with him and demand help in contacting the debtor or independently repaying someone else's debt.
There was a case when a citizen who had no debt began to regularly receive calls and messages asking to help repay a loan from a debtor whom the applicant did not even know. When the citizen inquired where the organization got his data from, he was told that this phone number was indicated when concluding the loan agreement and, perhaps, the debtor simply made it up.
Often, information about debtors, including their personal data, is distributed in open online sources and accompanied by comments that discredit the person’s honor and dignity.
In each case, the Center’s lawyers succeeded in:
stop the illegal distribution of personal data on the Internet and delete it;
stop the unlawful processing of personal information by creditors in cases where the citizen is not a debtor;
prepare appeals to regulatory and law enforcement agencies.
Everyone is guaranteed the right to privacy, personal and family secrets.
Regardless of whether a citizen content writing service has an overdue debt or not, it is necessary to respect his honor and dignity. It is forbidden to threaten, exert psychological pressure, or illegally use personal data
Representatives of financial institutions should interact with debtors and other persons only in accordance with the procedure established by law, experts emphasize.
Often, conscientious citizens contact the Legal Aid Center to complain about the use of their personal data to obtain loans on MFI websites.
Having received approval of such applications from the creditor, unknown persons conclude loan agreements on behalf of the citizen and actually steal the money of the MFI. At the same time, the affected citizens, in order to avoid financial losses, have to challenge these agreements, including in court.
For example, a resident of Yekaterinburg told the Center's employees that he had received an SMS from one of the microfinance organizations demanding that he pay off his debt. Having requested and studied his credit reports, the lawyers discovered that.
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