The legal net is magnificent, negligent but not leaky. Recently, the Shanghai Qingpu District People's Court pronounced a verdict on a "** rights protection" case involving ** investment advisors: the criminal suspect Tang has been sentenced to four years and six months in prison and fined RMB 500,000 by the Shanghai Qingpu District People's Court for the crime of infringing on personal citizen information; The criminal suspect Yin has been transferred for review and prosecution on suspicion of infringing on personal citizen information.
"** rights protection" should not be gullible, and the risk of information leakage is high
At the beginning of 2023, Shanghai Qingpu** learned through a visit and investigation that a number of investment consulting companies have encountered such a situation: a large number of business customers unsubscribe from related businesses in the same way and tone to make claims, suspecting that the company's customer resource information may be stolen. After that, ** tracked down Tang and Yin, who were major suspects, through relevant clues. In May 2023, Qingpu**, with the assistance of other provinces and cities**, arrested Tang and Yin, and summoned them for further investigation.
After investigation, the criminal suspects Tang and Yin accidentally discovered that they could make profits by charging handling fees, and the relevant customers and investment consulting companies carried out relevant business. After the two found this "business opportunity", they began to run a "** company". The two first purchased a large amount of citizens' personal information through chat software, and then harassed and promoted the business to the relevant information personnel, and charged a "handling fee" according to the profit of each order after successful promotion. As of the investigation, there are more than 30 pieces of personal information of citizens involved in the case, and more than 600 yuan of profits have been made.
Industry insiders said that the purpose of the "maintenance company" is to induce customers to protect their rights and obtain high remuneration by publishing false propaganda content on the Internet to obtain customer information or obtain customer information through illegal channels. In the process of rights protection, the "maintenance company" instructed customers how to answer behind the scenes, forged rights protection materials and charged high maintenance fees, and even used online violence in an organized and premeditated manner to fabricate successful cases of rights protection after obtaining customers through illegal channels, instigating and inducing customers to malicious rights protection to the ** consulting company and ** business organization where they are located, and even introducing customers to other platforms for illegal stock recommendation and other activities. During the investigation, it was found that after some investors were pulled into the WeChat group of "XX Teacher Rights Protection Group" by the "Rights Protection Teacher", some people regularly illegally recommended stocks and guided trading operations. From fabricating facts to publishing, from collecting investor information to building a group to promote "services", "Daiwei" seems to have formed a black and gray industry chain.
For customers, there is a risk of personal information leakage and illegal use if the customer wants to terminate the maintenance agreement, and may be harassed and intimidated by criminals. In addition, these "agency maintenance companies" generally do not have legal practice qualifications, but they package themselves as professional legal consulting firms, and in the process of protecting their rights, they make malicious complaints by fabricating or distorting facts, violating good faith and even breaking through the bottom line of the law, and encroaching on the channels and resources for legitimate communication between customers and enterprises.
A number of lawyers said that if the client believes in the "first rights protection", fabricates or distorts the facts, buys and sells or uses false certificates and other illegal acts, he should bear legal responsibility in accordance with the law. Vainly trying to achieve the purpose of refund through "** complaints", malicious complaints and other means not only cannot solve the problem, but may also lead to property losses and even violation of the law, towards an irreparable road. In addition, these "first-class rights protection" personnel maliciously defended their rights to investment consulting companies, and to a certain extent, they were also suspected of extortion.
The black ash production of "Daiwei" is showing a large-scale trend, and a three-dimensional long-term strike mechanism is urgently needed
* The black and gray industry of "** rights protection" of investment consulting not only affects ** investment consulting licensed institutions, but even extends to financial service institutions such as securities firms, banks, insurance companies and ** companies. The various acts of "Dai Wei" not only infringe on the legitimate rights and interests of investors, but also seriously affect the normal operation of enterprises, disrupt the order of the market economy, greatly consume social resources, and undermine fairness and justice.
Experts said that the trend of organization, scale and industrialization of the black and gray industry of investment consulting "first-class rights protection" has emerged, and it is difficult to monitor and warn in advance of hidden customer acquisition methods, coupled with the wide dissemination of its drainage content, it is difficult to carry out a systematic crackdown only with the power of one time and one place, and it is necessary to work together to build a three-dimensional and all-round long-term crackdown mechanism.
* The issue of "rights protection" is a systematic project involving the management of financial markets and the protection of consumer rights and interests, and the fight against "maintenance on behalf of others" has a long way to go, which requires the joint efforts of regulators, justice, industry and consumers. Among them, the regulatory and judicial departments should further promote the scope of identification, legal liability and punishment standards for the "daiwei" black and gray industry, and handle the normal complaints caused by them differently; Insurance, ** and other financial institutions should strengthen the awareness of compliance management, improve the consumer rights and interests protection mechanism, and jointly build a joint prevention and anti-fraud database; Consumers should improve their correct investment concepts, report problems through formal channels, and reasonably protect their legitimate rights and interests. In addition, Internet short platforms should also increase the intensity of rectification, block illegal rights protection, and block the spread of bad inducing information from the drainage side.
In fact, the public security organs are also stepping up their crackdown. The Fujian public security organs, the China Banking and Insurance Regulatory Commission and relevant departments jointly set up a special team to encircle and suppress the gray and black organizations such as the first rights protection in the jurisdiction, and successfully smashed a "Dai Wei" black and gray industry organization, and finally the court determined that it constituted the crime of "extortion", and the relevant personnel were sentenced to criminal detention, fixed-term imprisonment and other penalties in accordance with the law. Shanghai public security organs also went to various places to crack down on illegal maintenance activities, and in the course of the investigation, they discovered a large number of illegal facts about the purchase and sale of citizens' personal information.
At present, the financial regulatory, public security and market supervision departments in many places across the country have successively issued the "Notice on Preventing the Risk of Bad Complaints and Reporting in the Financial Sector and Optimizing the Business Environment", etc., making it clear that "illegal complaints" are illegal acts. Relevant sources said that when economic disputes arise between financial institutions and investors, it is recommended to resolve them through legal means. As an investment advisory institution in the hardest-hit area affected by illegal maintenance, it can actively collect evidence of illegal "maintenance" crimes, and the police and enterprises work together to jointly maintain a clean and upright industry environment.