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Blue Whale News, August 2 (Reporters Huang Yujie and Zhang Shuwei)Recently, the Zhejiang Provincial Communications Administration, the Zhejiang Regulatory Bureau of the State Financial Supervision and Administration, the Zhejiang Branch of the People's Bank of China, the Zhejiang Securities Regulatory Bureau, the Zhejiang Provincial Public Security Department, the Ningbo Financial Regulatory Bureau, and the Ningbo Securities Regulatory Bureau jointly issued the "Notice on Standardizing Financial Marketing Collection Text Messages and Phone Calls in the Jurisdiction" (hereinafter referred to as the "Notice").

In recent years, some criminals have used the name of financial institutions to send marketing collection text messages and make marketing collection calls, and used the credibility of financial institutions to conduct intermediary business and even commit fraudulent activities. This not only disrupts the normal operating order of the financial market and damages the reputation of the financial industry, but also seriously infringes on the legitimate rights and interests of financial consumers.

The "Notice" stated that the Zhejiang Financial Regulatory Bureau conscientiously implemented the requirements for the implementation of the "Four New" projects and strived to be a firm defender of the legitimate rights and interests of financial consumers. It was necessary to address the problem at the source of criminals impersonating financial institutions to conduct marketing and collection text messages and phone calls, and regulate the text message and phone marketing and collection behaviors of financial institutions from four aspects.

The first aspect is to strengthen compliance management on the financial institution side. It requires that when financial institutions send marketing text messages and make marketing calls, as well as when financial institutions engaged in loan business, including banks, send collection text messages and make collection calls, they should be within the scope of financial business permitted by the financial management department and shall not exceed the scope of business permission.

In addition, financial institutions should strengthen the compliance review of SMS telemarketing and debt collection, prudently determine business partners and forms of cooperation in accordance with the law, clearly stipulate the rights and obligations of the institution and cooperative institutions in SMS telemarketing and debt collection, and jointly ensure that SMS telemarketing and debt collection services are legal and compliant.

Second, the review obligations of telecom enterprises are clarified. First, telecom enterprises that provide SMS and telephone services to financial institutions or their entrusted cooperative units shall obtain a telecommunications business license approved by the telecommunications management agency. Second, before providing SMS and telephone services, telecom enterprises should review the financial business license of the financial institution or the relevant documents of the cooperative unit entrusted by the financial institution, and shall not provide services to entities without relevant business licenses or entrustment certificates.

The third is to establish a number monitoring and disposal mechanism. Financial institutions are required to establish a SMS marketing number database, comprehensively and accurately count and regularly update the SMS numbers used by the institution for its own use and those entrusted to cooperative institutions for marketing. Financial institutions should strengthen the daily monitoring of their institution's SMS and telephone marketing and debt collection activities, encourage the establishment of a mechanism to collect clues of numbers that are used for SMS and telephone marketing and debt collection in the name of the institution without authorization, and timely collect and regularly count them. Telecommunications companies shall promptly dispose of numbers that are not included in the marketing SMS number database and are not authorized by financial institutions to carry out SMS and telephone marketing and debt collection.

Fourth, improve the consumer rights protection mechanism. Without the consent or request of consumers, or if consumers clearly refuse, marketing shall not be carried out to them in the form of text messages or phone calls. When sending marketing collection information in the form of text messages, the content of the text messages must accurately and comprehensively mark the real identity, contact information and product information of the financial institution or its partner institutions. Marketing text messages must provide users with a way to refuse to receive them. For users who explicitly reply to refuse to receive marketing text messages or calls, necessary measures must be taken in a timely manner to ensure that users no longer receive relevant text messages and calls.

The Notice emphasizes that all financial and communications management departments should establish and improve complaint forwarding and reporting cooperation mechanisms, and intensify the investigation and punishment of illegal behaviors. Those suspected of telecommunications network fraud and other illegal crimes should be severely cracked down in accordance with the law in conjunction with the public security department.