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The Supreme Court accepted an appeal for protection filed against the isapre Cruz Blanca SA to send 27 collection emails to an affiliate who registers a contribution debt.
In the ruling, the Third Chamber of the highest court established an “arbitrary, disproportionate and abusive act” of the insurer by insistently sending the letters for the alleged obligation.
The affiliate received 27 emails between the end of December 2019 and June 2020, in which “it is noted that the company that sends them appears ‘on behalf’ of isapre Cruz Blanca SA (…)”.
Isapre acknowledged having hired a collection company and this, in turn, sent the emails on its behalf.
For the Supreme Court, the law gives the isapre the power to notify its clients of the existence of debts, but it proved that there was an “abusive, disproportionate and unjustified communication, as well as arbitrary, violating the right to mental integrity of the appellant (…) ”.
Therefore, it was resolved that Cruz Blanca must “Stop the appealed acts and prevent their future repetition.”
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