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Based on the guidelines for internet finance debt collection, we will explore common unlawful practices during online loan recovery:
Unlawful Practice One: Contacting Non-Borrowers for Debt Collection
The regulations clearly state that financial institutions and third-party collectors should only communicate directly with the borrower. Approaching contacts from the borrower’s phone list or other individuals not involved in the loan agreement is strictly prohibited. This includes reaching out to numbers found in the borrower’s contact list, which does not constitute legitimate contact information.
Unlawful Practice Two: 24-Hour Debt Collection Activities
Debt collection efforts are not allowed during specific hours, specifically between 10 PM and 8 AM. If a borrower receives any form of communication, including text messages, calls, or 5G messages outside these hours, it can be classified as an unlawful practice.
Unlawful Practice Three: Failing to Identify Oneself
When initiating contact with a borrower, debt collectors must disclose their affiliation with the financial institution and the collection agency. If the collector fails to provide this information, it is considered an unlawful act.
Unlawful Practice Four: Misrepresentation and Fabrication of Facts
Collectors are required to provide accurate information about the reasons for the collection, the amount owed, and the consequences of non-payment. Exaggerating the debt amount, the severity of legal repercussions, or making false claims such as blacklisting or issuing execution orders constitutes an unlawful practice.
Unlawful Practice Five: Offering Unofficial Payment Channels
Collectors must direct borrowers to make payments through designated channels. Providing alternative payment methods, such as private transfers via WeChat or QQ, is against the rules. Collectors who solicit payments through unauthorized channels are engaging in unlawful behavior.
Unlawful Practice Six: Soliciting Additional Fees Privately
Collectors are prohibited from demanding extra fees under the guise of collection, such as commission or service charges. Any request for additional payments falls under the category of unlawful practices.
Unlawful Practice Seven: Excessive Call Frequency
The combined number of calls made by the lending platform and its third-party collectors to a single borrower cannot exceed three calls per day. Any number of calls beyond this limit is considered an unlawful practice.
Summary: These seven unlawful practices are commonly encountered in online loan collections. Borrowers experiencing any of these behaviors have the right to report them. Ultimately, the best way to avoid such issues is to settle outstanding debts promptly.
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