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Following the guidelines for internet financial loan collection, this article will highlight common unlawful practices in the debt collection process for online loans:
Illegal Practice One: Contacting Non-Borrowers for Debt Collection
Strict rules dictate that financial institutions and third-party collectors should only communicate directly with the borrower. Approaching contacts or individuals listed in the borrower’s phonebook is considered an illegal practice. In fact, even contacting numbers stored in the borrower’s phonebook, which do not represent designated contacts, is prohibited.
Illegal Practice Two: Uninterrupted 24-Hour Debt Collection
Debt collection is restricted during certain hours of the day, specifically from 10 PM to 8 AM. If a borrower receives any form of communication, such as text messages, calls, or multimedia messages, during these hours, it is deemed illegal.
Illegal Practice Three: Failure to Identify
Upon initial contact, collection agents must clearly state their affiliation with the financial institution and the collection agency. If the collector does not disclose their identity or affiliation throughout the conversation, this constitutes an illegal practice.
Illegal Practice Four: Misrepresentation of Facts
Collection agents must provide accurate information about the reason for the collection, the amount owed, and the consequences of non-payment. Exaggerating the amount due, the severity of penalties, or making false claims (e.g., inclusion on a blacklist or issuance of an enforcement order) are all considered illegal actions.
Illegal Practice Five: Offering Unofficial Repayment Channels
Collectors should direct borrowers to use official payment channels specified by the lender. Suggesting alternative methods like private transfers via social media platforms like WeChat or QQ is illegal. Collecting payments through unofficial channels is also prohibited.
Illegal Practice Six: Soliciting Additional Fees
It is illegal for collection agents to solicit extra fees under the guise of collection, such as commissions or service charges. Any request for additional payments beyond what is officially stated is considered illegal.
Illegal Practice Seven: Excessive Call Frequency
The total number of calls made by a lending platform and its third-party collectors to a single borrower in one day cannot exceed three. Any more than three calls per day is considered an illegal practice.
Summary: These seven practices represent common illegal activities in online loan collections. If you encounter any of these practices, you have the right to report, file a complaint, or seek legal assistance. The best way to avoid these issues is to settle your debts promptly.
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