Financial dispute mediation case between Hou Moumou and a bank in Hengyang City

Case Introduction

Hou Moumou applied for a bank credit card online. In the morning after passing the online preliminary review, Hou went to the business department of a bank for identity verification and formal confirmation. Because Hou is blind and cannot sign in person, he cannot follow the general credit card application process. Hou Moumou immediately raised objections to the bank's business procedures, and for a time he became emotional and had a dispute with a bank. Subsequently, Hou Moumou went to a Financial Consumption Dispute People's Mediation Committee in Hengyang City (hereinafter referred to as the Financial Mediation Committee) to apply for mediation on the dispute.

Mediation process

After the Financial Mediation Commission accepted the case, and with the consent of Hou Moumou and a bank, it assigned a mediator to start mediation. First, the mediator communicated with Hou Moumou to learn more about the case, and then visited a bank to investigate and verify the case. After investigation, the mediator learned that because Hou could not sign to confirm the relevant credit card documents, he could not follow the general credit card application process. After Wan, the lobby supervisor of a bank's business department, learned about the relevant situation, he took the initiative to help Hou contact the retail department of a branch in Changsha and the credit card center of the head office to actively communicate about the special processing procedures. After preliminary verification of the customer's situation, the relevant departments of the head office and branches stated that according to the current rules and regulations, credit card applications cannot be accepted without signature.

After ascertaining the basic facts, the mediator organizes the parties to conduct the first face-to-face mediation. Considering that Hou Moumou is blind, in order to facilitate his participation in the mediation, after obtaining the consent of both parties, the mediator set the location of the mediation at Hou Moumou's company. A bank stated during the mediation that the final approval authority for credit card processing does not lie with the branch business department. According to the existing process, it will be difficult to apply without my signature. A bank has reported Hou Moumou's situation and appeal to the relevant departments of the provincial bank. If Hou Moumou successfully applies for a credit card, he will need to sign to confirm the transaction information and transaction amount every time he swipes the card. If he cannot sign normally, he will be required to sign during the daily use of the card. There are a lot of problems and you are more vulnerable to wire fraud. Hou Moumou expressed that he could not accept it and believed that there was no security risk as mentioned by a certain bank. It could completely perform credit card related operations, and the law and the policy documents issued by the China Banking and Insurance Regulatory Commission did not stipulate that blind people cannot use credit cards. In the first mediation, both parties failed to reach an agreement, and Hou Moumou was very emotional, so the mediator decisively suspended the mediation.

The mediator once again organized an on-site communication and mediation meeting between Hou Moumou and a bank. In order to facilitate communication and protect Hou's legitimate rights and interests, the mediator invited staff from the Hengyang Disabled Persons' Association to participate in the mediation. During this mediation, the mediator pointed out that Article 5 of the "Commercial Bank Law of the People's Republic of China" stipulates: "Business transactions between commercial banks and customers should follow the principles of equality, voluntariness, fairness and good faith." " Article 14 of the Implementation Measures of the People's Bank of China for the Protection of the Rights and Interests of Financial Consumers stipulates: "Banks and payment institutions shall respect social ethics, respect the personal dignity and national customs and habits of financial consumers, and shall not discriminate against financial consumers on the basis of their gender, age, race, Discriminatory treatment will be implemented based on ethnicity or nationality, and discriminatory or expressions that violate public order and good customs are not allowed. "Blind customers are only restricted in their behavior, but their rights are not lost." The credit card issuance regulations set by banks are only from the perspective of healthy people and do not take into account the needs of special groups such as the blind. When banks handle financial services for financial consumers, they should treat every financial consumer equally. For vulnerable groups such as special groups, they need to think from their perspective and provide conveniences from their perspective. of "equality". The mediator suggested that a certain bank should provide special services for people with disabilities and use a method suitable for blind people to conduct identity verification for credit card processing. A bank stated that it accepted the mediator's recommendation. ?

Mediation results

After being presided over by the mediator, the two parties reached a mediation agreement:

1. A bank has been reviewed and approved by the credit card center of the head office for the blind customer Hou Mou A certain person used audio and video to conduct identity verification, and the account manager of the bank read out the credit card usage regulations to Hou Moumou orally, and focused on the safe use of credit cards and precautions;

2 .Hou Moumou stated orally that his application for a credit card was a reflection of his true will, his willingness to abide by relevant procedures, and his obligations to use the card safely and repay on time.

The mediator conducted a follow-up telephone interview with Hou and a certain bank and learned that Hou had successfully applied for a credit card from a certain bank and the card usage was normal. Both parties expressed satisfaction with the mediation.

Case Comments

According to the relevant provisions of the Commercial Banking Law, financial institutions should abide by the principle of equality, treat all financial consumers equally in transaction activities, and should not engage in discriminatory behavior. Financial regulatory agencies and financial institutions should consider the diversity of financial consumer groups when formulating systems, procedures, and developing systems, electronic equipment and other financial activities. They should not only take into account the interests of the majority, but also take into account the interests of vulnerable groups. Give appropriate policies to disadvantaged groups. People with disabilities have difficulty accessing financial services due to lack of information access and ability. Financial institutions should strengthen the concept of "finance for the people", pay close attention to the financial needs of vulnerable groups such as people with disabilities, and improve the availability of financial services.

While strictly implementing regulatory requirements, policies cannot be implemented mechanically, and safe, convenient, high-quality, efficient, and humanized financial services must be provided.

When financial consumers encounter unfair treatment, they should promptly protect their legitimate rights and interests through legal channels, or seek help from financial regulatory agencies or people's mediation organizations.

Reason for Recommendation

In this case, the party involved is blind and cannot copy or sign. According to the relevant provisions of the "Regulations on the Supervision and Administration of Credit Card Business of Commercial Banks", requiring the card applicant to copy and sign is In order to conduct identity verification, the mediator suggested that the bank adopt a method suitable for blind people to handle the verification procedures, which was adopted by the bank. In the end, the party concerned successfully applied for a credit card and his rights and interests were protected.

Expert Comments

Article 5 of my country’s Commercial Bank Law stipulates that business transactions between commercial banks and customers should follow the principles of equality, voluntariness, fairness and good faith. In this case, the party concerned is a visually impaired person, and his inability to read and sign is due to physical disability. The bank did not take the needs of special groups into consideration when formulating identity verification rules. In order to facilitate communication, the mediator invited staff from the Disabled Persons' Federation to participate in the mediation, guiding the banks to think in their shoes and protecting the rights and interests of vulnerable groups. Finally, the bank's understanding and cooperation was obtained, and the claimants were verified through audio, video and oral narration. identity and properly resolved the dispute.