Have you been urged for not borrowing online loans?
2021-09-27
"Wu XX, for 1000 yuan loan through the net loan platform, has repeatedly reminded that the unprocessed information is not processed in 24 hours. The company will be put together by the law firm to report to the people's Court of the registered residence. The penalty will be 13650 yuan for all of you." Mr. Lin in Fujian has received many messages, and the sender number of SMS is often changed, which is difficult to identify and block. The worker's Daily reporter found that although the online loan is not related to him, and the borrower has not set himself as an emergency contact, some irrelevant "Acquaintances" are still troubled by being urged. Innocent contacts troubled by collection "In addition to text messages, there are also collection calls. I usually ask if I know the borrower. Let me contact the borrower for treatment, or I will go through legal procedures." several collection calls in a month troubled Mr. Lin, "once I received a collection call and hung up directly. As a result, I received dozens of text message verification codes as soon as I put down my mobile phone." In March this year, Mr. Huang from Yueyang, Hunan borrowed 7000 yuan from the online loan platform and agreed to repay in three installments. After the first two installments have been repaid, Mr. Huang failed to repay the third installment of the loan on time. In August, his family received a collection text message and a lawyer's letter. On the black cat complaint platform, "explosive address book", "harassing phone" and "violent collection" are high-frequency words for complaints against the online loan platform. Among them, there are more than 45000 complaints related to "explosive address book". Some complainants even said they never knew the borrower sought by the online loan platform, but they were harassed for no reason. The borrowers who were urged to collect their online loan arrears from their relatives and friends, which greatly affected their personal reputation. Just because you're in the address book Obviously, it is not related to online loan. Why do "Acquaintances" receive collection notices? "You need to provide emergency contact information or mobile phone address book. At the same time, you authorize us to provide you with SMS reminder and telephone contact in case of emergency such as loss of contact or overdue of the borrower." "The platform can use the information submitted or authorized by the user to carry out overdue accounting reminder or collection and other services, and the platform will not be responsible for any adverse impact on the user"... Some online loan apps will require authorization to read the address book and can collect from unrelated "Acquaintances" in the user agreement at the time of registration. If the user clicks "disagree", the online loan app will "Unable to serve you.". The customer service personnel of an online loan platform confirmed that the use of loan business must go through the authorization link. If the loan is repaid normally, it will not affect the borrower and contacts. Once the loan is overdue, the platform may collect the contacts in the address book to urge the borrower to repay as soon as possible. In this regard, Hao Xudong, partner and lawyer of Beijing Xingzhu law firm, said that in addition to the agreement of the recipient, network operators must also follow the principles of legality, legitimacy and necessity in collecting and using personal information. According to the specification for necessary information of basic business functions of mobile Internet applications It is stipulated that financial institutions can require users to manually input the information of two emergency contacts in order to make a Dunning when the borrower fails to repay the loan, rather than forcibly reading the user's address book. The online loan app shall not refuse to provide services due to the user's refusal to authorize the collection of irrelevant or excessive information. Harassing unrelated "Acquaintances" is illegal collection Nie Yangcheng, a lawyer of Beijing Jinzhong law firm, believes that the act of frequently sending collection text messages and making collection calls to contacts in the address book that are not set as emergency contacts can be regarded as illegal collection. Relevant laws, regulations and industry conventions have already restricted the collection of debts from unrelated third parties. For example, the self discipline Convention on overdue debt collection of Internet Finance (for Trial Implementation) stipulates that debt collection shall not harass unrelated personnel, and shall not disclose the debtor's debt, overdue, default and other personal information to other personnel other than the debtor. Nie Yangcheng explained that the borrower borrows from the online loan platform and forms a loan contract relationship with the platform. According to the relativity of the contract, disputes arising from the borrower's failure to repay on time should be settled through negotiation between the online loan platform and the borrower, rather than involving unrelated third parties. He suggested that if there are unrelated "Acquaintances" If you frequently receive collection SMS or phone calls, you can retain relevant evidence, such as screenshots of collection SMS and recording of collection phone calls, and complain to China Internet financial reporting information platform if necessary. "In addition to financial institutions, outsourcing collection companies should also be included in the scope of industry self-discipline. The industry should restrict illegal collection through self-discipline management measures such as ordering rectification, warning interview, public notification of criticism, compulsory training and education," Hao Xudong said. (reporter Shi Lanna) (outlook new era)
Edit： Responsible editor：
Source：
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email：lwxsd@liaowanghn.com
Recommended Reading Change it 
Home
