The legal framework for WhatsApp collections in Latin America is constantly evolving, adapting to new digital realities while protecting consumer rights. Understanding and complying with these regulations not only protects your company from legal sanctions, but also builds trust with customers and facilitates more effective collections processes.

Collection regulations in the region share fundamental principles such as respect for the debtor's dignity, appropriate communication schedules, prohibition of abusive practices, and protection of personal data. However, each country has specifics that companies must be aware of in order to operate legally.

This guide provides a detailed analysis of the legal framework in the main Latin American markets, including specific regulations, best practices for compliance, and recommendations for implementing WhatsApp collections that respect both the law and consumer rights.

General principles of collection in Latin America

All Latin American countries have established fundamental principles governing collection practices, applicable to both traditional methods and digital channels such as WhatsApp.

Respect for the debtor's dignity

The fundamental principle is that collection must be carried out with respect for the debtor's human dignity. This prohibits the use of intimidating language, threats, insults, or any form of communication that may be considered abusive or degrading.

In WhatsApp, this translates to maintaining a professional and respectful tone in all messages, avoiding the use of sustained capital letters (which can be interpreted as shouting), and focusing communication on finding collaborative solutions rather than simply demanding payment.

Appropriate communication schedules

All jurisdictions establish specific hours during which collection activities are permissible. Generally, these hours are between 8:00 AM and 8:00 PM on weekdays, with additional restrictions for weekends and holidays.

For WhatsApp, it is crucial to configure systems that automatically respect these schedules, avoiding sending messages outside the allowed hours. Aurora Inbox includes functionalities that automatically respect legal schedules according to the client's jurisdiction.

Prohibition of contact with third parties

Regulations prohibit contacting third parties (family members, employers, neighbors) about a person's debt, except in very specific circumstances and with explicit authorization. In WhatsApp, this means carefully verifying that the contact number actually corresponds to the debtor.

Protection of personal data

Debt information is considered sensitive personal data that requires special protection. Companies must implement appropriate security measures to protect this information during WhatsApp communication, including restricted access and data encryption.

Country-specific regulations

Each Latin American country has developed specific regulations that companies must be aware of and comply with in order to operate legally in those markets.

Mexico

In Mexico, the Law for the Transparency and Regulation of Financial Services (LTOSF) and CONDUSEF's General Provisions regulate collection practices. Companies must register with CONDUSEF if they perform collection activities for financial institutions.

Hours of operation: Monday to Friday from 7:00 AM to 10:00 PM, Saturday from 9:00 AM to 5:00 PM, Sundays and holidays are prohibited. Communication must be in Spanish and respect the local culture.

Specific requirements include clear identification of the creditor, exact amount of the debt, debtor's right to request validation of the debt, and prohibition of reporting to the credit bureau without 30 days' notice.

Colombia

The Colombian Financial Superintendency regulates collection practices through External Circular 100 of 1995 and its amendments. Companies must comply with the Financial Consumer Protection Regime.

Permitted hours: Monday to Friday from 8:00 AM to 8:00 PM, Saturdays from 8:00 AM to 4:00 PM, Sundays and holidays are prohibited. Explicit authorization of the debtor is required for communication by electronic means.

Colombia has strict regulations on the content of collection communications, requiring specific information on consumer rights, complaint procedures, and available payment options.

Peru

The Superintendency of Banking, Insurance and AFP (SBS) regulates collection through SBS Resolution No. 8181-2012 and the Consumer Protection and Defense Code (Law No. 29571).

Hours of operation: Monday through Friday from 8:00 AM to 8:00 PM, Saturday from 9:00 AM to 1:00 PM, Sundays and holidays are prohibited. Debtor's consent is required for communication by digital media.

Peru emphasizes the protection of personal data under the Personal Data Protection Law (Law No. 29733), requiring specific security measures for collection information.

Argentina

The Consumer Defense Law (Law No. 24,240) and the regulations of the Central Bank of Argentina (BCRA) establish the framework for collection practices.

Hours of operation: Monday through Friday from 8:00 AM to 8:00 PM, Saturday from 10:00 AM to 4:00 PM, Sundays and holidays are prohibited. Prior authorization is required for communication by electronic means.

Argentina has specific regulations on the frequency of communication, limiting contacts to a maximum of three attempts per week by any means.

Chile

Law No. 19,496 on Consumer Rights Protection and the rules of the National Consumer Service (SERNAC) regulate collection practices.

Hours of operation: Monday through Friday from 8:00 AM to 8:00 PM, Saturday from 10:00 AM to 2:00 PM, Sundays and holidays are prohibited. Explicit consent is required for digital communication.

Chile emphasizes transparency in collection communications, requiring clear information on the origin of the debt, payment options, and consumer rights.

Best practices for legal compliance

Implementing legal compliance best practices not only protects your company from penalties, but also improves collection effectiveness by building customer trust and cooperation.

Authorization documentation

Maintain detailed records of customer authorization for WhatsApp communication. This authorization can be obtained during the sales process, through specific confirmation, or through opt-in to existing communications.

The authorization should be specific to collections, not just general communication. Document the date, method of obtaining, and exact content of the authorization for each customer.

Clear identification in communications

Each collection message should clearly identify the creditor company, the purpose of the communication, and provide contact information for inquiries or disputes.

Example of appropriate identification: "Message from [Company name] about your account. For inquiries: [phone/email]. You can request not to receive these messages by replying STOP."

Respect to no contact requests

Implement systems that immediately honor customer requests not to be contacted by WhatsApp. Keep records of these requests and ensure that they are honored in all future communications.

Aurora Inbox includes automatic functionality to handle opt-out requests, immediately updating customer preferences and pausing future communications.

Staff training

Regularly train all staff involved in collections on legal regulations, internal policies, and best communication practices. This training should include specific aspects of WhatsApp communication.

Establish clear procedures for escalating complex situations to specialized legal compliance personnel, especially when disputes or complaints about collection practices arise.

Protection of personal data

The protection of personal data in WhatsApp collections requires special attention due to the sensitive nature of financial information and specific regulations on digital privacy.

Data protection principles

It implements the fundamental principles of data protection: minimization (collect only necessary data), specific purpose (use data only for authorized collection), accuracy (keep information up to date), and limited retention (delete data when no longer needed).

In WhatsApp, this means avoiding sharing unnecessary information in messages, verifying the accuracy of data before communication, and establishing clear policies on retention of collection conversations.

Technical safety

Implements appropriate technical measures to protect collection information, including restricted access to WhatsApp conversations, encryption of sensitive data, and regular security audits.

Aurora Inbox provides advanced security features including end-to-end encryption, role-based access control, and automatic compliance audits.

Rights of the data owner

Respects the rights of data subjects including access to personal information, correction of inaccurate data, deletion of data where appropriate, and data portability where applicable.

Establish clear procedures for handling data rights requests, including response timeframes and appropriate documentation of actions taken.

Dispute and complaint handling

An effective system for handling disputes and complaints about collection practices not only meets legal requirements, but can also turn negative situations into opportunities to strengthen customer relationships.

Complaint procedures

Establish clear and accessible procedures for clients to file complaints about collections practices. These procedures should be available through multiple channels and clearly communicated to clients.

Responds to complaints in a timely manner (typically within 24-48 hours for initial recognition) and provides regular updates on the progress of the investigation.

Investigation and resolution

Investigates all complaints in an impartial and documented manner, including review of communication records, applicable policies, and specific circumstances of the case.

When violations of policies or regulations are identified, take immediate corrective action including additional staff training, adjustments to procedures, and appropriate client compensation when necessary.

Escalation to authorities

Maintain appropriate relationships with regulatory authorities and cooperate fully with official investigations. Establish procedures for reporting significant violations when required by law.

Document all interactions with regulatory authorities and use feedback from these interactions to continuously improve internal policies and procedures.

With Aurora Inbox, you can automate many aspects of legal compliance including adherence to permitted times, automatic documentation of communications, and alerts on potential policy violations, ensuring that your WhatsApp collection consistently complies with applicable regulations while maximizing effectiveness.