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Federation of European National Collection Associations

FENCA

FENCA, the Federation of European National Collection Associations, represents the interests of the European credit management, debt collection and debt purchase sector on the European level, coordinating the exchange with the institutions of the European Union, stakeholders in the European financial services industry, consumer groups and the European public.

Lobbying Activity

Response to Revision of EU rules on late payments (Late Payments Directive)

9 Nov 2023

Dear Sir/Madam, FENCA would like to thank the European Commission for the opportunity to provide comments on the proposed regulation on combating late payment in commercial transactions. Please find our comments in the attached document. Thank you for your consideration, Dr Andreas Bücker, Director General, FENCA
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Meeting with Malte Gallée (Member of the European Parliament, Shadow rapporteur) and Finance Watch and EOS Holding GmbH

22 Apr 2022 · Discussing debt collection in the context of Consumer Credit Directive

Meeting with Valdis Dombrovskis (Executive Vice-President) and

28 May 2020 · COVID-19 relief measures

Response to Targeted revision of EU consumer law directives

21 Jun 2018

1. FENCA FENCA, the Federation of European National Collection Associations, represents the interests of European credit servicers and credit purchasers, coordinating with the institutions of the European Union, stakeholders in the European financial services industry, consumer groups and the European public. One of the key activities of FENCA is to set and continuously improve business standards and good practices within the sector across the EU, to which its members subscribe in order to provide the best possible service to creditors, clients and consumers alike. We are also in the process of finalising a Code of Conduct for GDPR in the sector. 2. Feedback on the Commission's proposal for a Directive on representative actions for the protection of the collective interests of consumers In general terms, FENCA welcomes the intention of the European Commission to establish a more effective system of representative action for the collective interests of consumers within the EU. Though there are a number of positive aspects in the Commission’s proposal, FENCA is concerned, however, that the proposed legislation does not strike the intended balance between facilitating access to justice to safeguard consumers’ interests on the one hand and ensuring adequate safeguards from abusive litigation on the other. In particular FENCA is concerned about the fact that the Commission, against its own Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union Law, seems to have chosen to establish an opt-out mechanism for representative actions rather than an opt-in mechanism (Articles 6 (1) and (3)). As the Commission itself stated in its report the opt-out mechanism is more prone to abuse, and thus makes it easier for frivolous actions on behalf of a not-near defined group of consumers to be brought. FENCA would therefore call on the Commission to return to its original view of an opt-in mechanism and to change the proposal accordingly. Furthermore, the proposed criteria for designating a qualified entity in Article 4 (1) are too general and not explicit enough. This may lead to considerable differences between Member States in terms of the quality of criteria and the stringency with which these are applied to designate the eligibility of an entity to be qualified. This is particularly relevant in cases where a qualified entity from one jurisdiction brings forth an action against a business based in another (Article 16). In these situations, the qualified entity should be required to also comply with the explicit criteria set up for qualified entities by the Member State in which the business resides against whom an action is brought. FENCA would therefore call on the Commission to improve the level of protection of businesses in the EU from potentially malicious and unsubstantiated actions. The prospect of such actions may prevent particularly SMEs from offering their services cross-border.
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Response to Development of secondary markets for non-performing loans

8 Jun 2018

Please find FENCA's feedback in the attached file.
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