What doe's "in accordance with applicable law" mean in laymans terms?

watch your new cardmember agreement carefully, Citibank as an example have added

"In connection with our collection of the Debt or any other amounts owing by the primary cardmember to us from time to time, the Primary Cardmember expressly consents ( in accordance with applicable law) to us: (a) contacting his or her family,friends or neighbours for information which we may determine useful in our collection activities; and (b) contacting the primary cardmember at his or her place of employment.

The new cc laws said; go here to find out http://www.fin.gc.ca/n08/data/09-048_1.pdf

So what's the story can the CC co circumvent the law by putting this in the agreement?

Just an update eventually it worked, had to email the Ombudsman a few times but when I filed a complaint with FCAC and sent them a copy of the email calls stopped immediately.
So they were trying to push the boundaries.
In total I received 19 calls in four days (answered none), now if they sue I will counterclaim with something (no Idea what at this stage) pertaining to this:
Phone calls in violation of section 458.3 and 575.1 of the Bank Act, Credit Business Practices item 7(2) and 7 (9) (a) have been made by the bank

7(2)

in a manner or
With a frequency that constitutes harassment.

7(9) (a)

An institution that has communicated with a
Debtor in order to collect payment of a debt may not

Continue to do so

(a) By a means other than in writing, if the debtor
Makes a written request to the institution to
With the debtor only in writing in
Respect of the collection of that debt and provides
An address at which they may be contacted

So I have filed a complaint with the FCAC and now we will see what happens.
Starting to get some amusement from emailing the Banks Ombudsman they never reply to the emails of which I have sent three giving them the times of the calls etc.
14 calls in three days from the banks collection dept as recently as this evening.

just to update, talked to FCAC and if the Bank still owns the debt then any collection agency operating on their behalf are bound by these regulations.

Any complaint you make under that scenario the bank has to answer.

When and if the bank SELLS the debt to a c/a then Provincial laws come into play

Interesting, I think if the Bank still owns the debt then their agents are bound by these rules. IMHO only after they sell the debt will it become under the provincial collection laws.
I have cut and pasted as you suggest, and every time I get a call I email the ombudsman.
could get interesting I.m no lawyer but is this becoming harrassment?

Orestes, these don't apply to collection agencies they are covered provincially.

Fightback, thats a good find. Will be interesting to see which banks will make it a strict policy to follow these new rules and which will push the boundaries. FYI your best bet (if not already done) is to quote the actual section (cut/paste) you are relying on when writing to the bank/ombudsman.

One interesting thought is around the capitalized words:

Application

2. These Regulations apply to institutions, to the affiliates that they control and to the AGENTS and REPRESENTATIVES of those institutions and affiliates.

Just wondering if a C/A can be considered an AGENT or REPRESENTATIVE of a bank?

http://www.fcac-acfc.gc.ca/eng/consumers/Rights/DebtCollection/DebtCollection-eng.asp

http://www.gazette.gc.ca/rp-pr/p2/2009/2009-09-30/html/sor-dors257-eng.html

The second link confirms that the new laws came into effect jan 1, 2010.
yet to hear from the Ombudsman for the Bank but the calls continue.

I know about these as proposed changes only, I just haven't been made aware of them coming into effect yet so I'm not too sure.

What did the Ombudsman tell you?