Learn about Law 2300 of 2023 or the "Stop Scrubbing" Law

Let us remember that the main objective of the so-called "Stop Scrubbing" Law is to safeguard the right to privacy of consumers, delineating precisely the way in which natural and legal persons who are in charge of managing collections can establish contact with consumers.

What is established?

The channels, schedules and periodicity in which entities may contact consumers are regulated, restricting collection efforts and the sending of advertising messages through various means, such as text messages, application or web messaging, e-mails and commercial or advertising telephone calls.

In addition, it is established that the entities or persons in charge of carrying out collection activities are responsible for informing consumers in advance about the means of communication they have to establish communication with consumers. The purpose of this provision is to give consumers the power to determine the specific channels they authorize to be contacted, thus providing an additional level of control over interactions with financial entities.

In order to protect the consumer's personal and family privacy, specific times are established during which the entities or persons in charge may contact users:

• Monday to Friday, from 7:00 am to 7:00 pm.
• Saturdays, from 8:00 am to 3:00 pm.
• No contact is allowed on Sundays and holidays.

A very important fact is that collection managers may not contact the consumer through several channels in the same week, nor on more than one occasion during the same day. This restriction means that calls, messages and other communications are limited in frequency in the event of having had a conversation with the user in the same seven-day period.

To whom does this protection apply?

The law protects the rights of both financial and commercial consumers, offering protection against advertising messages in various formats.

Who are obligated?

Individuals and legal entities in charge of managing collections directly, by outsourcing or assignment of financial or credit obligations. It also covers entities supervised by the Financial Superintendency, as well as producers and suppliers of goods and services, both private and public.

 In order to achieve its objectives, the law establishes restrictions that collection agents must respect. Some of these are:

• It is forbidden to ask the financial consumer about the reasons for his default, although it is permitted to offer payment alternatives appropriate to his financial situation.
• It is forbidden to contact the debtor's personal references, limiting contact with guarantors, co-debtors or joint debtors to the specified times.
• Collection efforts through visits to the consumer's home or place of work are prohibited, except in specific situations, such as obligations acquired through microcredit or promotional credit, with the consumer's express authorization, or when collection agents do not have updated information and report difficulties in contacting or delivering messages to the addressee.

Excluded from these measures are contacts aimed at informing the consumer about the confirmation of monetary operations in voluntary savings and severance payments, sending information requested by the consumer or alerts about fraudulent, unusual or suspicious transactions.

In case of non-compliance with the provisions of Law 2300 of 2023, a complaint may be filed with the Financial Superintendency of Colombia or the Superintendency of Industry and Commerce, so that the violators may be sanctioned.

The Superintendency of Finance shall be competent when the entity in charge of such management is under its supervision. 

What are the alternatives?

There is a possibility to maintain contact with the user in different schedules to those established in the Law, for this, the user must sign a separate authorization to the contract, which must be done after the contract.

If required, we offer our support and advice for those companies wishing to implement policies related to compliance with this law in order to avoid sanctions from supervisory bodies and facilitating the adaptability of its operation to the specific needs of your company.

Do not hesitate to contact us to address this process efficiently and comply with the applicable legal requirements.