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Tuesday, 15 April 2025 10:33

Telephone harassment by debt collection agencies in Spain: What to do if they call you non-stop?

Telephone harassment by debt collection agencies in Spain: What to do if they call you non-stop?

Every day, more and more people in Spain report a practice that can become a real torment: constant calls from collection agencies, often without identifying the caller or leaving them on hold after picking up the phone. These practices, although disguised as legal, can violate fundamental rights if they are not carried out in accordance with the law.

In this article we explain what you can do to stop receiving these calls and how to defend yourself legally.

What is telephone harassment for debt collection?

Telephone harassment occurs when repeated, annoying and non-consensual calls are made, especially with an intimidating tone or for the purpose of psychological pressure.

In the case of debt collection agencies, harassment can manifest itself as follows:

  • Calls daily or even several times a day.
  • Calls from different numbers.
  • Calls where no one answers, or you are put on hold with music.
  • Automated announcements that do not identify the company.
  • Contact with family or friends.

What does Spanish law say?

Although debt collection is legal, not everything goes. There are clear limits according to:

  • General Data Protection Regulation (GDPR)
  • Organic Law on Data Protection (LOPDGDD)
  • Law on Unfair Competition and Consumer Protection
  • Penal Code (arts. 172 and 172 ter for coercion or harassment).

If an agency uses your data without authorisation, does not identify itself, or calls in an abusive manner, it may be engaging in illegal or punishable conduct.

What to do if they call you but do not identify themselves?

Even if the number is visible, if you don't know who is calling, you can still take action:

  1. Keep evidence: Record date and time of calls, take screenshots, record if you can.
  2. Use apps such as Truecaller or Listaspam.
  3. Request the termination in writing.
  4. Complain to the AEPD.
  5. File a criminal complaint for harassment or coercion if it is serious.

What if the debt is not yours...?

It is very common to be contacted for erroneous debts or debts owed by third parties. In this case:

  • Demand documentary evidence of the alleged debt.
  • Demand the immediate removal of your data from their files.
  • Appeal to the AEPD if they do not do so.

What if they call and put you on hold?

This is neither legal nor ethical:

  • There is no company identification.
  • You are systematically put on hold.
  • There is no information about your rights.

These calls are intended to generate psychological pressure, and can be reported as harassment or improper data processing.

Conclusion

You are not helpless. In the face of telephone harassment by collection agencies, you have clear legal tools:

  1. Keep evidence.
  2. Investigate the number.
  3. Request a formal cease and desist.
  4. Complain to the AEPD (Spanish Data Protection Agency).
  5. File a complaint if the pressure continues.

https://www.milcontratos.com/documento-legal/denuncia-agencia-espanola-proteccion-datos-aepd-llamadas-empresas-recobro

Explanatory notes

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