UNIREC issues new protocol on recovery procedures during COVID-19

The Italian association of credit-servicers issued the protocol following a meeting of the UNIREC consumers forum.

19 March 2020

Publication

Following the Prime Ministerial Decree of 9 March 2020, an extraordinary meeting of the UNIREC- consumers forum took place on 10 March where the group discussed and approveed an addendum to the Code of Conduct for credit protection and management procedures. This addendum includes a protocol on how to manage recovery procedures during the COVID-19 emergency.

The protocol and the guidelines were unanimously approved at the meeting. These recommendations, which became necessary in the framework of the ongoing health emergency, are addressed to all companies that are part of the UNIREC (Unione nazionale imprese a tutela del credito), namely the national association of companies operating in the credit protection and recovery market.

The guidelines are intended to regulate recovery procedures amidst this unfolding health emergency and to identify appropriate measures aimed at updating – on a temporary basis – the contact procedures previously identified under the Code of Conduct, drawn up as per Article 27 of Legislative Decree No. 206 of 6 September 2005 (Consumer Code).

The guidelines envisaged the following:

  • Phone contact – temporary suspension of activities until 3 April 2020 and, in any case, until the further implementing provisions are issued.

    Suspension, by credit protection companies, of phone collection activities, where the consumer certifies objective and/or documented difficulties in making payments due to the unfolding COVID-19 emergency.
    Once this activity has been suspended for the period indicated above, the credit protection company should promptly inform the client.

  • Home contact

    Without prejudice to the prohibitions and limitations that Article 1, letters a), b), c) of the Prime Ministerial Decree of 9 March 2020 puts on individuals in going around/between the various parts of the Italian territory, as well as the indications provided by the Ministry of Interior and the Ministry of Health, phone contact is preferable wherever possible.

  • Payment methods

    Access to information and payments should be on digital platforms where possible.

  • Training

    Credit protection companies should undertake to train and keep their employees updated so that, in contacting consumers/debtors, they can be aware of the specific difficulties created by the ongoing emergency.

The above binding recommendations can be carried out in full only with the necessary care and active technical and economic cooperation of the customers and are effective from 10 March to 3 April, considering that the parties can amend and supplement them also in light of any new government measures.

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.