1. Interaction of the lender, new creditor, collection company with the consumer, his/her close persons, representative, heir, guarantor, property guarantor, or third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, in the settlement of overdue debt may be carried out exclusively by:
1) direct interaction (telephone and video negotiations, personal meetings). Personal meetings may be held exclusively from 9:00 to 19:00, provided that the person with whom the interaction is taking place does not object to the meeting and has previously given consent for a personal meeting during a telephone conversation or provided separate written consent for this. The place and time of the meeting are subject to mandatory prior agreement;
2) sending text, voice, and other messages via telecommunications means, including without the involvement of an employee of the lender, new creditor, or collection company, by using software or technologies;
3) sending postal items marked "To be delivered personally" to the place of residence or stay or to the workplace of the individual.
2. During the first interaction with the consumer, his/her close persons, representative, heir, guarantor, property guarantor, or third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, in the framework of settling overdue debt, the lender, new creditor, or collection company must inform:
1) the full name of the creditor (if the interaction is carried out by a new creditor or collection company), its full name, phone number for communication, and address (electronic or postal) for correspondence;
2) the surname, first name, and patronymic (if applicable) of the person interacting with the consumer, his/her close persons, representative, heir, guarantor, property guarantor, or third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, or the name and index by which the lender, new creditor, or collection company uniquely identifies the person carrying out the interaction, or an indication of the use of software or technology for interaction if the interaction is carried out without the involvement of an employee of the lender, new creditor, or collection company;
3) the legal basis for the interaction;
4) the amount of overdue debt (loan amount, interest for using the loan, commission and other payments related to obtaining, servicing, and repaying the loan), the amount of penalties and other payments charged in case of non-fulfillment of obligations under the consumer credit agreement or in accordance with the law. When contacting third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, including close persons, in accordance with part six of this article, information about the amount of overdue debt is provided only if the consumer has consented to the disclosure of information about the existence of overdue debt to such persons. The calculation of the amount of overdue debt for the collection company is carried out by the lender or the new creditor.
3. The new creditor or collection company, at the request of the consumer, his/her close persons, representative, heir, guarantor, or property guarantor, is obliged within five working days after the first interaction in the settlement of overdue debt to provide documents confirming the information specified in part two of this article (including a detailed calculation of the overdue debt and all other payments for each payment period and the basis for their accrual), personally or by sending a letter to the address (electronic or postal) of such person, or in another method specified in the consumer credit agreement.
The lender, at the request of the consumer, his/her close persons, representative, heir, guarantor, or property guarantor, is obliged within seven working days after the first interaction in the settlement of overdue debt (unless another period is established by law) to provide documents confirming the information specified in paragraph 4 of part two of this article, personally or by sending a letter to the address (electronic or postal) specified in the consumer credit agreement, or in another method defined by such agreement.
The new creditor or collection company does not have the right to initiate repeated interaction with the consumer, his/her close persons, representative, heir, guarantor, or property guarantor until the supporting documents provided for in the first paragraph of this part are submitted. The lender does not have the right to initiate repeated interaction with the consumer, his/her close persons, representative, heir, guarantor, or property guarantor until the supporting documents provided for in the second paragraph of this part are submitted.
For the purposes of this part, the moment of providing the relevant supporting documents is any of the following:
1) the moment the lender, new creditor, or collection company receives confirmation of sending the supporting documents to the consumer, his/her close persons, representative, heir, guarantor, or property guarantor — in case such documents are sent by email;
2) 23:59 on the tenth working day from the date the lender, new creditor, or collection company sent the registered mail with an inventory of contents containing the relevant supporting documents, or the moment of receiving a notification of delivery of the specified mail item, if such notification is received by the lender, new creditor, or collection company before the specified 10-day period.
4. The lender, new creditor, or collection company is obliged to record each direct interaction with the consumer, his/her close persons, representative, heir, guarantor, property guarantor, or third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, in the manner established by the National Bank of Ukraine, using video and/or audio recording technical means for the purpose of protecting the legal interests of the participants in the settlement of overdue debt. The lender, new creditor, or collection company is obliged to notify the consumer, his/her close persons, representative, heir, guarantor, property guarantor, or third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, about such recording.
The lender, new creditor, or collection company is obliged to store all information carriers on which interactions with the consumer, his/her close persons, representative, heir, guarantor, property guarantor, or third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction (including through technical means), are recorded for a period of three years after such interaction.
The lender, new creditor, or collection company may process only the personal data of the consumer, his/her close persons, representative, heir, guarantor, property guarantor, or third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, the processing of which is imposed on them by law, as well as personal data contained in materials and data collected during the interaction in the settlement of overdue debt.
The lender, new creditor, or collection company, when settling overdue debt, is prohibited from processing the personal data of third parties, including close persons of the consumer who have not consented to the processing of their data, as well as the following data about the consumer, his/her close persons, representative, heir, guarantor, or property guarantor, third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction:
1) regarding his/her work schedule;
2) regarding the place and time of rest;
3) regarding trips within and outside Ukraine;
4) regarding the place and time of meetings with relatives, friends, and other persons;
5) regarding information posted on social networks;
6) regarding health status;
7) regarding political views and religious beliefs;
8) regarding membership in political parties and public associations;
9) photos and video materials depicting the consumer, his/her close persons, representative, heir, guarantor, or property guarantor, third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction (except for cases of creating, storing, using such photo and/or video materials to fulfill obligations provided by law, as well as cases of creating, storing, using such photo and/or video materials based on the written consent of the consumer, his/her close persons, representative, heir, guarantor, or property guarantor, third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction).
5. The lender, new creditor, collection company, and natural or legal persons engaged on a contractual basis by the lender, new creditor, or collection company for direct interaction with the consumer, his/her close persons, representative, heir, guarantor, or property guarantor, third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, are obliged to comply with the requirements for interaction with consumers during the settlement of overdue debt (ethical behavior requirements).
The lender, new creditor, collection company, and natural or legal persons engaged on a contractual basis by the lender, new creditor, or collection company for direct interaction with the consumer, his/her close persons, representative, heir, guarantor, or property guarantor, third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, are prohibited from the following during the settlement of overdue debt:
1) carry out actions that infringe upon the personal dignity, rights, freedoms, or property of the consumer, his/her close persons, representative, heir, guarantor, property guarantor, and/or other persons, endanger the life, health, or business reputation of the said persons, as well as use threats, blackmail, or commit other illegal (unlawful) actions against the said persons;
2) mislead the consumer, his/her close persons, representative, heir, guarantor, property guarantor, third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, regarding:
a) the amount, nature, and grounds for the occurrence of the overdue debt, as well as the consequences that will arise for the consumer, his/her close persons, representative, heir, guarantor, property guarantor, third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, in case of non-fulfillment of the terms of the consumer credit agreement;
b) the referral of the issue of repayment of the overdue debt to the court, the possibility of applying administrative and criminal prosecution measures to the debtor;
c) the affiliation of the creditor, lender, new creditor, collection company, natural or legal persons engaged on a contractual basis by the lender, new creditor, or collection company for direct interaction with the consumer, his/her close persons, representative, heir, guarantor, or property guarantor, third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction during the settlement of overdue debt, with state authorities and local self-government bodies;
3) initiate interaction with the consumer, his/her close persons, representative, heir, guarantor, property guarantor, or third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, and/or with their close persons on their own initiative during the period from 20:00 to 9:00, as well as on weekends, holidays, and non-working days;
4) interact with the consumer, his/her close persons, representative, heir, guarantor, property guarantor, or third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, and/or with their close persons more than twice a day, except in cases of additional interaction at their own initiative. Interaction via communication means is considered to have occurred if, as a result of such interaction, meaningful information about the amount of overdue debt (loan amount, interest for using the loan, commission and other payments related to obtaining, servicing, and repaying the loan), the procedure for its repayment, the amount of penalties and other payments charged in case of non-fulfillment of obligations under the consumer credit agreement or in accordance with the law has been conveyed to the person;
5) conceal information about the contact telephone number from which a call is made or a message is sent to the consumer, his/her close persons, representative, heir, guarantor, property guarantor, third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, about the postal address or email address from which a message is sent, about the sender of a postal or electronic message;
6) use the function (service) of automatic redialing to the consumer, his/her close persons, representative, heir, guarantor, property guarantor, third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, for more than 30 minutes per day;
7) use on envelopes or messages sent to the consumer, his/her close persons, representative, heir, guarantor, property guarantor, or third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, images that may be perceived as containing threats, place on envelopes or messages information that directly or indirectly indicates the existence of debt, use inscriptions such as "executive document", "collection decision", "eviction notice", etc., as well as the names of state authorities, including persons exercising powers in the field of enforcement of decisions;
8) in any way inform third parties (except for persons, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction) about the consumer's debt or interact with these persons in such a way that they become or may become aware of information about the consumer's debt, except in cases of interaction with a person regarding whom the consumer has given consent to disclose information about the existence of overdue debt to them, as well as other cases provided by law;
9) demand that the consumer, his/her close persons, representative, heir, guarantor, property guarantor, as well as his/her employer and/or other persons assume obligations regarding the overdue debt, unless otherwise provided by the consumer credit agreement or the law;
10) commit actions that harm the reputation, including business reputation, of the consumer, his/her close persons, representative, heir, guarantor, or threaten to commit such actions;
11) demand repayment of the debt in a manner other than that provided for by the consumer credit agreement or the law;
12) on their own initiative interact in any way with the consumer or his/her close persons if the consumer has notified in writing, by providing all properly executed supporting documents, that his/her interests in the settlement of overdue debt are represented by his/her representative;
13) conduct personal meetings with the consumer, his/her close persons, representative, heir, guarantor, property guarantor, third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, without prior agreement of such meetings by the relevant person;
14) interact in any way regarding the consumer credit agreement concluded by the consumer with persons (except the consumer, his/her representative, heir, guarantor, property guarantor) who have not given consent to such interaction.
The National Bank of Ukraine, if it identifies the existence of a practice for settling overdue debt that violates the rights and legitimate interests of consumers, their close persons, representatives, heirs, guarantors, or property guarantors, third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, within its competence, establishes additional requirements for interaction with consumers during the settlement of overdue debt (ethical behavior requirements).
6. The lender, new creditor, or collection company has the right to interact with third parties whose personal data was provided to the lender, new creditor, or collection company by the consumer during the conclusion, execution, and termination of the consumer credit agreement, for the purpose of conveying information to the consumer about the need to fulfill obligations under the consumer credit agreement during the settlement of overdue debt. The obligation to obtain the consent of such third parties for the processing of their personal data before transferring such personal data to the lender, new creditor, or collection company rests with the consumer.
The form of the information notice used by the consumer to transfer personal data of third parties when concluding a consumer credit agreement must include a notice of criminal liability provided for in Article 182 of the Criminal Code of Ukraine for the unlawful collection, storage, use, or dissemination of confidential information about third parties.
If during the first interaction of the lender, new creditor, or collection company with such a third party, the third party expresses a prohibition on the processing of their personal data, the lender, new creditor, or collection company is obliged to immediately cease such processing. If the settlement of overdue debt in the interests of the lender or new creditor is simultaneously carried out by several collection companies, the lender or new creditor is obliged to promptly inform all such collection companies about the third party's prohibition on the processing of their personal data in order for them to immediately cease processing the personal data of the specified person in the settlement of overdue debt under such consumer credit agreement.
7. Actions performed on behalf of the lender, new creditor, or collection company by third parties engaged on a contractual basis by the lender, new creditor, or collection company for direct interaction with the consumer, his/her close persons, representative, heir, guarantor, or property guarantor, third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction during the settlement of overdue debt, are considered to have been performed by such lender, new creditor, or collection company.
8. It is prohibited to impose on the consumer the obligation to pay/compensate for the costs of settling overdue debt. The costs of settling overdue debt, apart from the payment of obligations under the consumer credit agreement or another agreement provided for in Article 3 of this Law, are borne exclusively at the expense of the lender, new creditor, or collection company.
9. On the initiative of the lender, new creditor, collection company, or a third party acting on their behalf and/or in their interests, interaction aimed at recovering overdue debt in the manner provided for in paragraph 1 of the first part of this article (direct interaction) with the consumer, his/her close persons, representative, heir, guarantor, property guarantor, third parties, interaction with whom is provided for by the consumer credit agreement and who have consented to such interaction, is not permitted from the moment of receiving documents indicating that such person:
1) is an incapacitated person or a person with limited legal capacity;
2) is undergoing inpatient treatment in a healthcare facility;
3) is a person with a Group I disability;
4) is a minor.
If documents confirming the existence of the circumstances provided for in this part are not submitted, their existence is considered unconfirmed.