Sylar Cloud
The Law 2300 of 2023, known as "Dejen de fregar", changed the way collections are done in Colombia. Having a good database and a powerful dialer is no longer enough: now it matters when, how many times and through which channel you contact each debtor.
In this guide we summarize what the law requires and, above all, how to bring it into the daily configuration of your call, WhatsApp, SMS and email campaigns.
Who it applies to
The law applies to those who manage collections directly, through third parties or through portfolio assignment: entities supervised by the Financial Superintendence, collection agencies, BPOs and also companies that produce and supply goods and services, public or private, that charge their customers.
In practice: if your company or your provider calls, writes or sends messages to remind or collect a debt, the law applies to you.
The three rules that most affect a collections operation
1. Permitted hours
| Day | Permitted hours |
|---|---|
| Monday to Friday | 7:00 a.m. to 7:00 p.m. |
| Saturdays | 8:00 a.m. to 3:00 p.m. |
| Sundays and holidays | No contact |
The exception: if the consumer expressly asks to be contacted at another time, they must state it in a document separate from the contract and signed after it.
2. Contact frequency
Once there is direct contact with the consumer, the collections manager cannot contact them again through several channels in the same week, nor more than once on the same day.
This is what changes the operation the most: if an agent spoke with the debtor by phone on Monday, you shouldn't also send them a WhatsApp and an email that same week "just in case".
3. Authorized channels
Companies must inform the consumer of the channels they have to communicate, and the consumer may indicate through which ones they agree to be contacted. Your database must reflect that preference and your campaigns must respect it.
How to bring the law into your campaign configuration
The law is complied with day to day, not in a manual. These are the practices we recommend, and how they are configured on a platform like Sylar Cloud:
- Time windows in each campaign. Configure in the dialer and in mass sends the permitted windows per day: Monday to Friday from 7:00 to 19:00 and Saturday from 8:00 to 15:00. Outside the window, the platform does not dial or send, even if the campaign is active.
- Holiday calendar. Load the year's Colombian holidays and link them to your voice and messaging campaigns. That way you don't depend on someone remembering to pause the campaign on a holiday Monday.
- A single main channel per week. If the week's strategy is calls, don't also schedule mass WhatsApp and email to the same database. Plan the channel by delinquency stage.
- Tag every contact. Record whether there was direct contact, promise to pay, agreement or no contact. With that information you can exclude from the following campaigns anyone who has already been contacted that week.
- Filter by last interaction. Before launching a mass send or a dialer, filter the database by the outcome and date of the last interaction.
- Limit attempts per record. Define how many times the dialer can try a number before marking it as not contacted.
- Record and keep traceability. Recordings, send logs and tags let you prove how and when you contacted each person if there is a complaint.
Common mistakes after the law
- Call blasting campaigns on a Saturday afternoon. On Saturday the limit is 3:00 p.m.
- Automatic reminders on holidays because nobody updated the calendar.
- Several channels on the same day: an agent call in the morning and a mass WhatsApp in the afternoon to the same person.
- Databases without the consumer's channel preference, which makes it impossible to respect the authorized channels.
- Uncontrolled providers: if you outsource collections, how your BPO contacts your customers is also your responsibility toward them.
Collect better with fewer contacts
The law forces you to be more precise, and that isn't bad for recovery. With fewer permitted contacts, each one has to count:
- Use WhatsApp with a utility template in the preventive stage: it is cheap and the customer reads it. See how much WhatsApp Business API costs in Colombia.
- Reserve the agent call for negotiating agreements and promises to pay.
- Choose the dialer by stage: read our comparison of predictive vs. progressive dialer.
- Measure contact rate and recovery per campaign, not just the number of calls.
Frequently asked questions
Can I send a payment reminder by WhatsApp on a Sunday?
No. The law excludes any type of contact on Sundays and holidays, regardless of the channel.
Does an automatic message count as contact?
The law refers to contact by collections managers through any channel. Treat automatic messages with the same schedule and frequency rules as calls, and validate particular cases with your legal advisor.
Does the law apply if a third party does the collections?
Yes. It applies to those who manage collections directly, through third parties or through portfolio assignment.
Want to review how to configure your campaigns? Book a demo and we'll show you windows, holidays, attempts and filters on your own operation.