TapTechNews August 2nd news, on July 31st, the Zhejiang Provincial Communications Administration, in conjunction with seven departments including the Provincial Regulatory Bureau, jointly issued the Notice on Regulating the Marketing, Collection Text Messages and Calls in the Jurisdiction of the Financial Sector (hereinafter referred to as the Notice).
The Notice regulates the marketing text messages and calls and collection behavior of financial institutions from four aspects: strengthening the compliance management at the financial institution end, clarifying the review obligation at the telecommunications enterprise end, establishing a number monitoring and disposal mechanism, and improving the consumer rights protection mechanism, in order to effectively protect the legitimate rights and interests of financial consumers. TapTechNews attaches the following contents:
First, strengthen the compliance management at the financial institution end. When financial institutions send marketing text messages and make marketing calls, and when various banking financial institutions and other institutions engaged in loan business or loan-related businesses by law (hereinafter collectively referred to as loan marketing institutions) send collection text messages and make collection calls, they should be within the scope of the financial business permitted by the financial management department of the State Council and the local financial management department, and not exceed the scope of business permission. Financial institutions should strengthen the compliance review of text message and call marketing and collection, and determine the business partners and cooperation forms carefully according to law, and clearly stipulate the rights and obligations of this institution and the cooperation institutions in the text message and call marketing and collection to jointly ensure that the text message and call marketing and collection business is legal and compliant.
Second, clarify the review obligation at the telecommunications enterprise end. When telecommunications enterprises provide text message and call services for financial institutions or their entrusted cooperation units, they should obtain a telecommunications business license approved by the telecommunications management agency. Before providing text message and call services, telecommunications enterprises should review the financial business license of financial institutions or the relevant documents of the cooperation units entrusted by financial institutions, and not provide services for the subjects without relevant business licenses or entrusted certificates.
Third, establish a number monitoring and disposal mechanism. It requires financial institutions to establish a text message marketing number library, comprehensively and accurately count and regularly update the short message numbers used by this unit and those used by the entrusted cooperation institutions for marketing. Financial institutions should strengthen the daily monitoring of their own text message and call marketing and collection behavior, and are encouraged to establish a number clue collection mechanism for text message and call marketing and collection carried out in the name of this unit without authorization, and timely collect and regularly count. Telecommunications enterprises shall timely dispose of the numbers that are not included in the text message marketing number library and carry out text message and call marketing and collection without the authorization of financial institutions.
Fourth, improve the consumer rights protection mechanism. Without the consent or request of consumers, or if consumers clearly express rejection, they shall not be marketed in the form of text messages or calls. When sending marketing and collection information in the form of text messages, the text message content must accurately and comprehensively mark t he true identity, contact information and product information of the financial institution or its cooperation institution. The marketing text message must provide users with a way to refuse to receive. For users who clearly reply to refuse to receive marketing text messages or incoming calls, necessary measures must be taken in a timely manner to ensure that users no longer receive relevant text messages and receive calls.
At the same time, in order to ensure the normal development of legal text message and call marketing and collection business, the Notice also clearly states that the financial management department and the communications management department should establish relevant appeal and relief working mechanisms. Each financial management department and the communications management department establish and improve the complaint transfer and reporting cooperation working mechanism, and increase the intensity of investigating and dealing with violations. In case of suspected illegal crimes such as telecommunications network fraud, they will jointly and severely crack down in accordance with the law.