Article 25 of the Law of Ukraine "On Consumer Lending"

Requirements for interaction with consumers and other persons in the settlement of overdue debt (ethical behavior requirements)

1.Interaction between the lender, new lender, or debt collection company and the consumer, their close relatives, representative, heir, guarantor, property guarantor, or third parties (as stipulated in the consumer loan agreement and with the appropriate consent), may be carried out exclusively through:

1. Direct interaction (telephone or video conversations, personal meetings). Personal meetings are permitted only between 9:00 and 19:00, provided that the person does not object to the meeting and has given prior consent during a phone call or via a separate written agreement. The time and place of the meeting must be pre-agreed;

2. Sending text, voice, or other messages via telecommunication means, including without involving an employee of the lender, new lender, or debt collection company, through the use of software or technologies;

3. Sending postal correspondence marked "Deliver personally" to the person’s place of residence, stay, or work.

2. During the first interaction with the consumer, their close relatives, representative, heir, guarantor, property guarantor, or third parties (as provided for in the consumer credit agreement and who have given consent to such interaction), in the course of settling overdue debt, the lender, new lender, or debt collection company is obliged to provide the following information:

1. The full name of the creditor (if the interaction is conducted by the new lender or collection company), their own full name, phone number for communication, and a mailing or email address for correspondence;

2. The full name, patronymic (if applicable), of the person engaging in communication with the consumer, their close persons, representative, heir, guarantor, or property guarantor, or an identifier (e.g., name or ID) used to unambiguously identify the person interacting on behalf of the lender, new lender, or collection company, or a statement indicating that software or technology is being used to conduct the interaction without direct human involvement;

3. The legal grounds for the interaction;

4. The amount of overdue debt (including the loan amount, interest, fees, and other charges related to the issuance, servicing, and repayment of the credit), the amount of penalties and other charges incurred due to breach of the consumer credit agreement or as required by law. In case of interaction with third parties (including close relatives) under the credit agreement and with the consumer’s consent, the amount of overdue debt may only be disclosed if the consumer has explicitly agreed to such disclosure. The lender or new lender is responsible for calculating and providing the amount of overdue debt to the collection company.

3. Upon request from the consumer, their close relatives, representative, heir, guarantor, or property guarantor, the new lender or collection company must, within five business days following the first interaction regarding the settlement of overdue debt, provide documents confirming the information specified in Part 2 of this Article (including a detailed calculation of the overdue debt and all other payments for each payment period along with the basis for their accrual), either personally or by sending a letter to the mailing or email address of the person, or in another manner specified in the consumer credit agreement.

The lender, upon a similar request, is obliged to provide such documents within seven business days after the first interaction (unless a different term is established by law) using the same methods.

The new lender or collection company is not allowed to reinitiate interaction with the consumer, their close persons, representative, heir, guarantor, or property guarantor until the required documents have been provided.

The same restriction applies to the lender.

For the purposes of this section, the moment of document delivery is considered to be:

1. The moment the lender, new lender, or collection company receives confirmation that the documents were sent via email;

2. 11:59 PM on the tenth business day following the date the registered postal item with an enclosed list of documents was sent, or the earlier moment when delivery confirmation is received.

 

4. The lender, new lender, or collection company is required to record every direct interaction with the consumer, their close relatives, representative, heir, guarantor, property guarantor, or third parties (as specified in the consumer credit agreement and with their consent) using audio and/or video recording devices, following the procedures established by the National Bank of Ukraine, to protect the legal interests of the parties involved in the settlement of overdue debt. The consumer and all relevant parties must be notified in advance about such recording.

All information carriers (recordings) must be stored for at least three years from the date of the interaction.

The lender, new lender, or collection company may process only the personal data of the consumer and related parties that are legally required and/or directly related to the execution of the consumer credit agreement or obtained during the debt settlement process.

The processing of personal data belonging to third parties (including the consumer’s close relatives) who have not given consent is strictly prohibited, as is processing the following categories of data concerning the consumer or related individuals, even if consent for interaction was granted:

1. Work schedules

2. Rest or vacation details

3. Travel information inside or outside Ukraine

4. Meeting times and places with family, friends, or others

5. Social media content

6. Health status

7. Political views or religious beliefs

8. Membership in political parties or public organizations

9. Photos or videos of the consumer or related persons — unless such media is created/stored/used in accordance with legal obligations or based on the written consent of the individual concerned.

 

 

5. The lender, new lender, debt collection company, and any individuals or legal entities engaged by them under contract to interact directly with the consumer, their close relatives, representative, heir, guarantor, or property guarantor, or other authorized third parties, must comply with ethical conduct requirements when settling overdue debts.

The following actions are strictly prohibited:

1. Actions that violate the dignity, rights, freedoms, or property of the consumer or related persons, or that pose a threat to their life, health, or reputation — including threats, blackmail, or other unlawful actions;

2. Misleading the consumer or related persons regarding: a) The amount, nature, or legal basis of the debt, and the consequences of non-repayment;
   b) Initiating court proceedings or criminal liability;
   c) Affiliations with governmental authorities or officials;

3. Initiating interaction outside of 9:00 AM to 8:00 PM, or on weekends and public holidays, unless such interaction is initiated by the consumer;

4. Contacting the consumer or related persons more than twice per day (unless the additional contact is initiated by the consumer);

5. Concealing the source of communication (e.g., using anonymous phone numbers, email, or postal addresses);

6. Using auto-dialing systems for more than 30 minutes per day;

7. Using threatening messages, phrases such as “eviction notice,” or displaying state symbols/logos on envelopes or messages;

8. Informing unauthorized third parties about the consumer’s debt;

9. Demanding that unrelated individuals or the consumer's employer assume responsibility for the debt (unless provided for in the credit agreement or law);

10. Damaging the reputation (including business reputation) of the consumer or their related persons, or threatening to do so;

11. Demanding repayment in any manner not stipulated by the credit agreement or by law;

12. Contacting the consumer after they have provided official written notice that a representative is handling the case, along with supporting documentation;

13. Conducting personal meetings without prior agreement from the relevant person;

14. Engaging in communication about the consumer credit agreement with individuals who are not authorized and have not given consent.

6. For the purpose of informing the consumer about the need to fulfill obligations under the consumer credit agreement during the settlement of overdue debt, the lender, new lender, or collection company may interact with third parties whose personal data was provided to them by the consumer during the conclusion, execution, or termination of the consumer credit agreement.

The consumer bears responsibility for obtaining the consent of such third parties to the processing of their personal data before transferring that data to the lender, new lender, or collection company.

The information notice through which the consumer submits personal data of third parties when entering into a consumer credit agreement must contain a statement on criminal liability, in accordance with 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, such a third party objects to the processing of their personal data, the lender, new lender, or collection company must immediately cease any further processing of that data.

If multiple collection companies are simultaneously working in the interest of the same lender or new lender, and such a third party prohibits processing of their data, the lender or new lender must promptly inform all involved companies to ensure that the processing is discontinued by all parties.

7. Any actions carried out by third parties engaged by the lender, new lender, or collection company under contractual arrangements — in the course of direct interaction with the consumer, their close relatives, representative, heir, guarantor, property guarantor, or other authorized third parties under the consumer credit agreement who have given consent to such interaction — shall be considered as actions performed by the lender, new lender, or collection company themselves.

8. It is prohibited to impose on the consumer the obligation to pay for or reimburse the costs associated with the settlement of overdue debt. All such expenses, except for payments under the consumer credit agreement or other agreements specified in Article 3 of this Law, must be borne exclusively by the lender, new lender, or collection company.

9. At the initiative of the lender, new lender, collection company, or a third party acting on their behalf and/or in their interest, it is prohibited to initiate direct interaction (as defined in Part 1 of this Article) with the consumer, their close relatives, representative, heir, guarantor, property guarantor, or other authorized third parties, if documents have been received indicating that such a person:

1. Has been declared legally incapable or partially incapable;

2. Is undergoing inpatient treatment in a medical facility;

3. Is a person with a Group I disability;

4. Is a minor.

If documentation confirming these circumstances is not provided, the stated circumstances shall be considered unconfirmed.