On 5 February 2026, Chile’s SERNAC filed a class‑action suit against Scotiabank over harassing debt‑collection practices and reached a judicial settlement. This case serves as a landmark regulatory precedent for voice‑based A2P debt‑collection operations. It defines weekly contact‑frequency limits for debt‑collection calls and text messages, applicable to all debt‑collection‑focused A2P service providers and wholesale channel vendors.
During financial‑sector inspections, SERNAC verified multiple violations of the Consumer Protection Law committed by Scotiabank, including excessive high‑frequency collection outreach, improper collection‑fee charges and unfair contract clauses. Numerous debtors suffered persistent nuisance outbound calls. The court approved the settlement agreement: the bank shall pay more than 1 billion Chilean pesos in total compensation to 61 546 affected consumers, plus a fine of 100 UTM payable to the national treasury. It is also required to fully revise its debt‑collection workflows and outbound‑call script templates.
The precedent establishes mandatory operational standards for A2P debt‑collection activities. For overdue debtors: maximum one phone call per week plus up to two remote messages (SMS, email, instant‑messaging); at least two‑day interval between two messages of the same type. Debt‑collection calls must use traceable genuine caller IDs; call recordings shall be retained. Impersonation of judicial documents is strictly prohibited. These frequency rules apply not only to banks but also cascade down to third‑party collection agencies and A2P voice‑SMS wholesale suppliers.
Compensation shall be disbursed via debt offset, bank transfer or electronic bill according to each consumer’s debt status. The whole compensation process is subject to external audit. A parallel class‑action case against Itaú Bank remains pending before the courts. This case demonstrates SERNAC’s stance on collective legal action against high‑volume abusive collection communications. A2P providers must enforce frequency‑control hard limits within their systems.
