Superintendencia de Bancos prohíbe sumar intereses a préstamos sin el consentimiento de los clientes
La Superintendencia de Bancos informó a las entidades bancarias que los intereses generados por la facilidad otorgadas a los usuarios de préstamos no deben ser capitalizados (sumados al préstamo) sin el consentimiento de los clientes.
La medida está contenida en la circular 023/20, la cual indica que los usuarios deben autorizar los cambios en las condiciones de pago, según lo dispone el Reglamento de Protección al Usuario de los Productos y Servicios Financieros, para lo cual las Entidades de Intermediación Financiera (EIF) deberán utilizar los medios que permitan verificar el consentimiento expreso del cliente.
Entre estas vías, dice, figuran los documentos digitales, bajo el amparo de la Ley 126-02, sobre Comercio Electrónico, Documentos y Firmas Digitales.
“Los intereses generados durante el período de gracia no podrán ser capitalizados sin contar con el consentimiento expreso del cliente. En los casos donde los clientes consientan una reestructuración de crédito, las entidades de intermediación financiera deberán constituir las provisiones correspondientes al monto capitalizado”, precisa el documento de la SIB.
La circular de la Superintendencia de Bancos dice que las EIF tampoco podrán aplicar cargos adicionales por penalidades a quienes no consintieron la flexibilidad otorgada y decidan ponerse al día en sus pagos.
Además, deberán explicarles a los usuarios que manifiesten su voluntad de no acogerse a la flexibilización cuáles son las consecuencias de esa elección sobre su perfil crediticio, en caso de que tengan cuotas atrasadas y no puedan saldarlas de inmediato. Pide a las EIF realizar una campaña masiva e instruir a su personal para explicar a sus clientes los alcances e implicaciones de las medidas.
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