AZE.US
Banks and credit organizations in Azerbaijan should stop contacting a borrower’s relatives if those individuals have clearly asked not to be called again, according to lawyer Akram Hasanov.
The issue depends largely on how the bank obtained the relative’s name and phone number, Hasanov told local media.
If the borrower voluntarily provided a relative’s contact information when applying for the loan, the bank’s initial call would not necessarily constitute a breach of banking secrecy.
However, the person being contacted has the right to demand that the calls stop.
“If they say, ‘Do not call us again’ or ‘Do not disturb us,’ the bank is no longer permitted to contact them. If the calls continue, they may file a complaint and take legal action over the harassment,” Hasanov said.
The situation is more serious if the borrower never provided the relative’s contact details and the bank obtained the phone number through other means.
According to the lawyer, contacting relatives in such circumstances and disclosing information about the borrower’s debt may amount to a violation of banking secrecy. Customer information cannot be shared with third parties without consent.
The borrower may then take the bank to court and seek compensation for emotional distress.
People receiving calls over a relative’s loan should clearly tell the bank to stop contacting them and keep records of any further calls. If the bank continues, they may file a formal complaint or consider legal action.
A relative is not responsible for repaying someone else’s loan merely because the bank has their phone number. Any legal liability would generally require a separate obligation, such as acting as a guarantor or co-borrower.
AZE.US