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Loan Recovery / Missed an EMI? RBI's New Rules Will Protect You From Harassment

Patit Mandal
Browse all articles by Patit Mandal
·1 hour ago·4 min read
Missed an EMI? RBI's New Rules Will Protect You From Harassment
RBI Introduces New Loan Recovery Rules to Protect Borrowers From Harassment

Key Points

The RBI introduced a comprehensive loan recovery framework effective January 1, 2027, restricting recovery calls to 8 am–7 pm and barring threatening, abusive or intimidating behaviour by recovery agents.
New Delhi, Aug 7: The Reserve Bank of India (RBI) has introduced a comprehensive loan recovery framework aimed at protecting borrowers from harassment while strengthening accountability among banks and regulated lenders.

The new rules, which take effect on January 1, 2027, prescribe how recovery agents may contact borrowers, conduct field visits and use technology for loan recovery.

The framework also brings technology-enabled recovery measures, including the remote restriction of financed smartphones, tablets and laptops, under formal regulatory oversight.

Recovery Calls Restricted to Fixed Hours

Under the new norms, banks and recovery agents may generally contact borrowers only between 8am and 7pm. Calls or visits outside these hours will be permitted only if specifically requested or authorised by the borrower.

The RBI has directed recovery agents to avoid contacting borrowers during sensitive situations such as bereavement, medical emergencies or marriage functions.

The guidelines also prohibit threatening, abusive or intimidating behaviour. Recovery agents cannot repeatedly call borrowers, make anonymous or threatening calls, publicly humiliate them, or threaten their family, assets or reputation.

The misuse of social media for recovery has also been barred. Agents are prohibited from sharing a borrower's personal information, photographs, videos or audio recordings to shame them.

Advance Notice Mandatory for Recovery Visits
The RBI has introduced stricter safeguards for physical recovery visits.

Before the first visit by a recovery agency, borrowers must receive at least one day's prior notice, along with details of the agency handling the case.

Borrowers should ordinarily be contacted at a location of their choice. Recovery agents may visit a borrower's residence or workplace only if no preferred location has been specified or if the borrower repeatedly fails to appear at the agreed venue.

During visits, recovery agents must carry a valid identity card, an authorisation letter and the relevant notice. The authorisation letter must also include the contact details of both the recovery agency and the bank's grievance officer.

Banks Must Record Recovery Calls
The central bank has placed greater responsibility on lenders to monitor recovery practices.

Banks will be required to record recovery-related conversations and maintain details such as the time and number of calls. These records must generally be preserved for at least six months.

The RBI clarified that banks remain accountable for the conduct of outsourced recovery agencies and must ensure they comply with regulatory requirements.

The framework also requires lenders to properly train recovery agents and ensure incentive structures do not encourage aggressive recovery practices.

Stronger Privacy Safeguards
The new rules strengthen the protection of borrowers' personal data.

Recovery agents may access only the information necessary for loan recovery, while banks must implement safeguards to prevent misuse of borrowers' personal information.

Rules for Remote Device Locking
The RBI has also regulated the use of technology to remotely restrict financed smartphones, tablets and laptops in case of loan defaults.

The facility will apply only where the loan was specifically taken to finance the device. Lenders cannot remotely disable devices purchased through unrelated personal loans.

A device cannot be remotely restricted immediately after a missed EMI. Partial restrictions may begin only after the loan remains overdue for 30 days, while complete restrictions may be imposed only after 60 days of default.

Even under complete restriction, essential functions -- including incoming calls, SMS, emergency communication and features required for work or employment -- must remain operational.

The RBI has also prohibited lenders from accessing unrelated personal information such as contacts, photographs, videos, call logs, text messages or location history.

Also ReadRBI's Currency Printing Arm Begins Process For Polymer Banknotes With Global EoI

One-Hour Deadline to Restore Devices
Once the borrower clears the overdue amount or regularises the loan account, the lender must ordinarily restore the device within one hour.

If restoration is delayed, the borrower will be entitled to compensation of Rs 250 per hour, subject to a cap linked to the outstanding loan amount.

The RBI has also mandated that borrowers be informed in advance if a loan agreement includes provisions for remote device restriction.
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