Do you know "** rights protection"? Have you ever received the so-called "credit repair" and "disposal of credit card debt" professional institutions? In recent years, some teams under the guise of helping customers "protect their rights" have taken advantage of the trend, and these organizations have helped debtors maliciously evade debts by forging false certificates, malicious complaints and other illegal acts, causing banks and financial consumers to suffer greatly. On February 19, a reporter from Beijing Business Daily learned from people familiar with the matter that in order to cut off the interests of the black and gray industry of "** rights protection", the China Banking Association recently formulated the "China Banking Industry Response to the "** Rights Protection" Gray Industry Identification Standards (Draft for Comments)" and "Guidelines for the Work of China's Banking Industry to Respond to the "** Rights Protection" Gray Industry (Draft for Comments), requiring member units to resolutely resist the unreasonable demands of financial gray industry and individuals who violate the order of complaints and reports to put pressure on practitioners by various improper means to seek improper benefits.
* Rights protection" is raging.
At present, professional, intermediated, and standardized "first-class rights protection" has become a new risk point in the financial industry, and there is a tendency to flood. On February 19, a reporter from Beijing Business Daily noticed that on the online platform, some individuals or teams who claim to be "debt consulting experts" are extremely active, and they claim to be able to help financial consumers solve various problems such as credit cards, consumer loans, and online loans under the title of debt entrustment and debt restructuring.
Debt processing, entrustment ashore, unsuccessful full refund", "reduction and settlement, card installment, low fees and fast processing" ......On the online platform, debt advisors induce financial consumers to protect their rights through various words and promises.
A reporter from Beijing Business Daily randomly consulted as a person with overdue debts, and without exception, the response was "100% operational". The first step of "rights protection" needs to fill in personal information first, from the template sent by the consultant, financial consumers not only need to fill in the name, card number, inquiry password, transaction password, fixed amount, education, unit name and other sensitive information, but even more, you also need to fill in the zodiac, family, friends*** and other content.
The second step is to call the bank to understand the amount of money you need to repay, calculate the principal and interest, and then you can negotiate with the bank.
If customers can handle it themselves, then we don't have to open a company. A consultant said, "We have a special legal counsel to follow the order, and the customer only needs to wait for the result." Another consultant also gave the same statement, "The financial consumer sends us the information, and only needs to open call forwarding when operating, transfer the ** to the legal department, and the legal department will communicate and negotiate with the bank."
In terms of fees, there is a slight difference between the overdue processing fees of credit card debts and the overdue handling fees of consumer loan debts: taking a credit card overdue of 50,000 yuan as an example, the debt processing fee issued by the consultant is about 1,500 yuan; For example, if the loan is overdue for 200,000 yuan, a fee of 4,000 yuan will be required if the processing is completed. When a reporter from Beijing Business Daily asked whether it could be handled successfully, a number of consultants gave a 100% complete reply, and some consultants mentioned, "There are people in the bank, all of them are internal communication, and there are no problems."
Under the encouragement of consultants, financial consumers step by step into the trap. Looking at the cases in recent years, due to the "first rights protection" cases from time to time, some financial consumers due to short-term income decline, economic pressure can not repay the principal and interest of bank loans on time, after occasionally seeing the "first rights protection" advertisement, they will consult, the consultant will not only ask for a high amount of complaints, and will ask financial consumers not to come forward in the process of rights protection, nor to answer any ** from financial institutions. In the end, some financial consumers stopped repaying the principal and interest of the loan to the bank, refused to answer the bank's customer service, and avoided the bank staff who came to the door, and ended up being sued by the bank, and the high fee was also "lost".
Industry identification standards are on the way.
"Rights protection" is an emerging financial activity, which seems to bring certain help to financial consumers by providing legal advice and "rights protection" services on the surface, but in fact there are greater risks. In order to cut off the interests of the "first rights protection" black and gray industry, the Beijing Business Daily reporter learned that the China Banking Association recently organized the formulation of the "China Banking Industry to Respond to the "First Rights Protection" Gray Industry Identification Standards (Draft for Comments)" and "China's Banking Industry to Respond to the "First Rights Protection" Gray Industry Work Guidelines (Draft for Comments).
Such institutions or individuals often collect consumers' personal information in violation of regulations in the name of "personal rights protection", attract, induce, and instigate consumers to abuse and forcibly occupy rights protection and complaint channels, abuse regulatory administrative rules, obstruct consumers from reconciling with member units or carry out dispute mediation with third-party institutions, and exaggerating or distorting facts, falsifying supporting materials, falsely accusing and coercing member units, pestering and making complaints, Repeated repeated pressure on regulatory complaints and other malicious complaints.
In response to issues such as negotiated repayment and interest disputes, the Consultation Paper points out that, on the one hand, member units should strengthen marketing management, and when entering into contracts with customers and handling installment business, they should strictly perform the obligation to prompt or explain the terms and conditions such as interest, compound interest, fees, liquidated damages, and risk disclosure, so as to ensure that customers pay attention to and understand the content of the terms, and take the initiative to inform customers of the channels for accepting consultations and complaints. On the other hand, member units should standardize collection behaviors and collection terms, strengthen the management of collection outsourcing agencies, and protect the legitimate rights and interests of debtors.
According to Wang Deyue, a lawyer at Beijing Xunzhen Law Firm, the reason why the cancer of "rights protection" is rampant is that there is demand in the market, and many consumers do not understand the rights protection process and laws and regulations. Second, there are loopholes in relevant laws and regulations that provide an opportunity for such "rights protection", and "rights protection" institutions evade supervision through various means, resulting in chaos in the rights protection market; Third, information asymmetry, consumers are often in an information disadvantaged position, do not know enough about some professional knowledge and legal procedures, and are easy to be deceived by the "first rights protection" agencies, and the "first rights protection" agencies create information asymmetry through various means to induce consumers to make wrong judgments and choices; Fourth, the cost of violating the law is low, and the current regulatory authorities have relatively light punishments for the illegal acts of the "first rights protection" institutions, so that the "first rights protection" institutions dare to take the risk of illegal conduct improper operations, and even take their illegal income as the main income.
In this regard, the China Banking Association requires that member units should implement a unified standard for the identification of financial gray industry, and resolutely resist the unreasonable demands of financial gray industry and individuals who violate the order of complaints and reports to put pressure on practitioners by various improper means to seek improper benefits. A person familiar with the matter said that "the draft for comments will be officially released to the public at the end of the month at the earliest".
A real-time monitoring system should be established.
In order to rectify the illegal behavior of "** rights protection", many local regulators and banks have begun to take action. On January 18, the Zhejiang Supervision Bureau of the State Administration of Financial Supervision and Administration mentioned in the "Notice on Printing and Distributing the Opinions on Regulating the Internet Loan Collection Work of Banking Financial Institutions within the Jurisdiction of Zhejiang" that all institutions should effectively prevent the risk of using excessive complaints or "anti-collection" and other means to evade debts, and strengthen the crackdown on black industries such as "illegal rights protection".
On January 8, the Liaoning Supervision Bureau of the State Administration of Financial Supervision and Administration also mentioned in the "Consumption Tips on the Reasonable Use of Credit Cards to Prevent Default Risks" that if consumers are unable to repay in time and lead to improper collection, fee disputes, etc., they can protect their rights rationally in accordance with the terms of the contract when applying for a card, such as direct communication and resolution through formal channels such as official customer service of banking institutions and business outlets, or rational negotiation through consumer complaints or judicial mediation, and do not believe the so-called "rights protection". Resulting in the leakage of personal information and additional economic losses.
In order to crack down on the chaos of "rights protection", some bank credit card centers have used voiceprints, knowledge graphs and other technologies to establish a normalized mechanism to crack down on the financial "black and gray industry", and continue to actively send clues to the public security organs. Internally, we have established a special financial "black and gray industry" team across several departments, and continuously optimized the top-level system and system design to combat "black and gray industry".
Su Xiaorui, a senior observer of the banking industry, said that for such "first-class rights protection" black and gray industries, it is necessary to take a two-pronged approach, one line is the judicial line, increase the judicial crackdown on the "anti-collection" team, and refine the relevant laws and regulations; The other line is the market line, and financial institutions should strengthen independent risk control and strengthen the risk identification of cardholders.
Wang Deyue further pointed out that, first of all, the regulatory authorities should speed up the formulation of relevant laws and regulations, clarify the definition and punishment measures for violations of laws and regulations, and provide a strong legal basis for cracking down on illegal acts. Second, the regulatory authorities should establish an information sharing mechanism with the Internet platform to discover and deal with illegal information in a timely manner. For example, internet platforms may be required to regularly report relevant information to the regulatory authorities, or establish a real-time monitoring system to conduct real-time monitoring of information involving keywords such as "anti-collection", "*rights protection", and "interest suspension and accounting".
Regulatory authorities should increase the intensity of supervision of internet platforms, requiring platforms to strengthen technical precautions to prevent the dissemination of information that violates laws and regulations. Wang Deyue emphasized that, for example, platforms can be required to strengthen content filtering and review, delete or block illegal information in a timely manner, and ban illegal accounts. For violations of laws and regulations discovered, the regulatory authorities should increase law enforcement efforts and seriously deal with them in accordance with the law. Acts involving violations and crimes should be handed over to the judicial organs for handling, and should never be tolerated or accommodated. The regulatory authorities should increase publicity and education, improve the public's awareness and vigilance of online information such as "anti-collection", "* rights protection" and "interest suspension and accounting", guide the public to treat debt issues rationally, and avoid blindly following the trend or listening to the inducement of lawbreakers.
Beijing Business Daily reporter Song Yitong.