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The latest regulations of the state on the collection of online loans
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information

Crack down on buying and selling personal information

In recent years, information leakage incidents have become more and more frequent.

Leaked channels are generally loopholes in relevant departments, and platform security has been breached.

But more active disclosure, such as companies and individuals buying personal information in order to complete their performance; The APP website sells personal information for profit, and the lending platform lures repayment by reselling the borrower's personal information in order to settle accounts; Operators, real estate developers, insiders stealing, etc. It has almost become a major problem under the slogan of personal information protection.

At present, the sale of personal information has formed a black and gray industry, and it will take time to crack down.

Article 25 stipulates that no unit or individual may provide the following support or help for others to commit telecommunication network fraud:

(1) Selling or providing personal information; (2) Helping others to launder money through virtual currency transactions; (3) Other acts of providing support or assistance for telecommunication network fraud activities.

02

Borrow money or borrow money

Clearly restrict the private network usury platform.

There was a collective outbreak of P2P before, and then there were frequent illegal fund-raising, all of which were caused by irregular platforms and high risks.

There are domestically advertised capital preservation projects, which are remitted to overseas accounts through online investment; There are health care programs for the elderly; There are "ultra-low-cost" short-term rebates, but in fact many projects have costs.

They all have one thing in common, that is, illegal projects have low cost, big gimmicks, fast money absorption and easy running, and it is difficult for users to understand the registration and background of the platform.

Article 21 of the Anti-Fraud Law stipulates that when telecom operators and Internet service providers provide the following services to users, they shall require users to provide true identity information according to law. Users who do not provide real identity information may not provide services: provide Internet access services; Provide Internet domain name registration, server hosting, space leasing, cloud services and content distribution services; Provide information and software publishing services, or provide instant messaging, online trading and advertising promotion services. With this article, some online usury platforms with unknown sources, unknown business entities and unknown business entities in contract agreements will be illegal when they start to operate in the market, regardless of whether they start lending or not.

03

Urge sb. to pay

Specific behavior constraint set

The collection is not only refined, but also "keeps pace with the times".

People in the outbound industry can be found in various financial groups every day, and the wide distribution naturally corresponds to high demand.

When collecting money, you generally don't use your own phone to contact, and you won't reveal your identity. They inform borrowers of the repayment amount and overdue consequences through virtual numbers, which makes it difficult for borrowers to trace and appeal.

The collection will also obtain the borrower's right to call and send text messages through illegal software for collection. Even if the existing borrowers identify individuals according to their numbers, they can't find the real payee and company, and innocent borrowers can only take the blame.

Article 13 of the Anti-Fraud Law stipulates that "telecom operators should standardize the transmission of real calling numbers and the lease of telecom lines, and shield, intercept and trace the changed numbers. Telecom business operators should strictly regulate the transmission of calling numbers of the import and export bureau of international communication services, truly and accurately remind users of the countries or regions where calling numbers belong, and identify and intercept false callers and abnormal callers within and between networks. "

Article 14 of the Anti-Fraud Law prohibits any unit or individual from illegally manufacturing, trading, providing or using the following equipment and software, "equipment and software with the functions of changing calling number, virtual dialing, illegal Internet telephone access to public telecommunication network, etc."; Automatic switching system for batch accounts and network addresses, providing platform for SMS verification and voice verification for batch reception ",requires that" telecom business operators and Internet service providers should take technical measures to identify and block illegal devices and software from accessing the network in time, and report to public security organs and relevant industry authorities ".

04

Anti-collection

Telephone card restriction anti-collection

Article 11 The content is clear: Telecom business operators should re-verify the real names of abnormal calling card users involved in fraud identified by monitoring, and take different and corresponding verification measures according to the risk level. For those who fail to verify or fail to pass the verification according to the regulations, the telecom business operators may limit or suspend the functions of the relevant calling cards.

Generally speaking, borrowers have more than one card. For anti-collection, the borrower should handle multiple phone cards and hand them over to the institution. When multiple calling cards are used at the same time, it will be more difficult for financial companies to monitor and be more easily detected by operators. But operators generally only deal with tracking. Therefore, finance companies need to spend extra money to find borrowers through operating companies, which to some extent increases the resistance of finding borrowers and increases the difficulty of collection.

For borrowers, anti-collection is also risky. Lending the borrower's calling card to others will overdraw his phone bill and reputation. Secondly, there is no guarantee that the anti-collection agency can realize the promise of lowering interest rate, delaying repayment or stopping collection, which is fraud and can be handled by the police.

05

It is forbidden to reverse drainage.

The second half of article 25 refers to the provision of Internet access, server hosting, network storage, communication transmission, line leasing, domain name resolution and other network resource services; Provide network promotion services such as information release or search, advertising promotion and drainage promotion; Providing production and maintenance services for network technologies and products such as applications and websites; Provide payment and settlement services and participate in fraud-related support and assistance activities for monitoring, identification and disposal.

Not long ago, the beehive box express cabinet incident, you should still remember it. The scanned information is the investment and financial information of a platform.

This is the platform diversion. As early as the beginning of this year, the anti-set went to the community, opened the smart cabinet channel in the beehive box and placed advertisements, and used WeChat to pick up the goods to inform the advertising page to get customers.

Although the crackdown on the anti-collection alliance has already begun and continued, the police's crackdown on the anti-collection of suspected fraud has just begun.

Individual specific behavior is illegal and criminal.

Article 31 No unit or individual may illegally buy, sell, lease or lend telephone cards, Internet of Things cards, telecommunication lines, short message ports, bank accounts, payment accounts and Internet accounts. , and shall not provide real-name verification assistance; Do not open the above-mentioned cards, accounts, account numbers, etc. By impersonating another person's identity or fictional agency relationship.

In the first point of this article, we mentioned that anti-collection will allow overdue borrowers to buy calling cards and send them to anti-collection organizations.

This kind of behavior is illegal. "It can be recorded in the credit record according to the relevant provisions of the state, and measures such as restricting its functions such as cards, accounts and account numbers, stopping counter business, suspending new business, and restricting access to the network can be taken."

07

All institutions and departments should perform their duties.

Article 27 The public security organ shall establish and improve the working mechanism for combating and controlling telecommunication network fraud, strengthen the construction of specialized teams and technologies, and closely cooperate with local public security organs to effectively punish telecommunication network fraud activities according to law.

Article 30 Telecommunication business operators, banking financial institutions, non-bank payment institutions and Internet service providers shall publicize anti-telecommunication network fraud to employees and users, prompt tips on preventing telecommunication network fraud in related business activities, promptly remind users of new telecommunication network fraud methods in this field, and warn them of their legal responsibilities for illegally buying, selling, renting, lending cards, accounts, account numbers, etc. Aiming at telecommunication network fraud.

Article 32 The state supports telecommunication operators, banking financial institutions, non-bank payment institutions and Internet service providers to study and formulate countermeasures against telecommunication network fraud for monitoring, identifying, dynamically blocking and disposing of fraudulent abnormal information and activities.