In a media release of March 22, 2017, the Swiss Federal Government sees no need for further regulation of the debt enforcement profession, for example by introducing professional licenses and best practice duties applying to the commercial debt collection process.
Consumer protection organizations and not-for-profit debtor counselling agencies including the media critically reported on various occasions on certain methods applied by commercial debt collection companies, in particular holding small debtors liable for high professional enforcements fees and exerting undue pressure on this type of debtors (making phone calls or text messaging in the evening, visiting the workplace of the small debtor, calling friends, making the debtor history known to rating agencies, or withholding consent to delete certain registrations in the publicly accessible debt collection register, etc.
The report admits that a variety of open legal questions exist, such as whether and to what extent the debt collection costs and professional enforcement fees must be borne by small debtors. However, the courts should be able to address these topics in line with principles laid down in the Swiss Code of Obligations, the Swiss Federal Criminal Code and Swiss data protections laws, so says the Swiss Federal Government.
The Swiss Federal Government furthermore holds that a comprehensive regulation would unduly interfere with the economic freedom of the particular industry. However, the Swiss Federal Government does not want to exclude entirely that one or more of the above topics could be addressed e.g. when the Swiss Federal Act on Unfair Competition is again up for a revision.
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