划定“催收红线”！中银协最新发布

Core Viewpoint - The article discusses the release of the "Guidelines for the Collection of Personal Consumer Loans by Financial Institutions (Trial)" by the China Banking Association, aimed at regulating collection practices and protecting the rights of debtors while ensuring the legitimate rights of creditors [1][8]. Group 1: Collection Practices Regulation - The guidelines cover credit cards and personal consumer loans issued by member institutions of the China Banking Association, with other personal loan types encouraged to follow suit [3]. - A comprehensive definition of collection methods is provided, including phone calls, letters, home visits, judicial collections, and other methods via SMS and corporate WeChat [3]. - Strict "red lines" for collection practices are established, prohibiting collection activities from 10 PM to 8 AM without debtor consent and limiting the number of calls to a maximum of 6 attempts per day to avoid harassment [3]. Group 2: Protection of Debtor Rights - The guidelines emphasize the protection of personal information, requiring member institutions and external collection agencies to comply with privacy regulations and not disclose debtor information for non-collection purposes [3]. - Specific rules for different collection methods are outlined, such as mandatory recording of phone calls and requiring multiple collectors for home visits, who must present identification and obtain consent before entering private residences [4]. Group 3: External Agency Management - Member institutions are designated as the primary responsible party for managing external collection agencies, implementing a list management system with strict entry and exit criteria [5]. - Annual inspections of external collection agencies are mandated, with a comprehensive assessment framework that includes compliance with collection behavior, security of information, and consumer rights protection [5][6]. Group 4: Internal Control and Industry Cooperation - The guidelines promote a shift from reactive to proactive risk management, emphasizing preemptive measures, monitoring during the collection process, and optimizing complaint resolution mechanisms [7]. - An information-sharing mechanism for violations by external collection agencies will be established, encouraging technological innovation to enhance collection efficiency and compliance [7]. - The guidelines also address issues related to debt evasion and illegal collection practices, urging member institutions to collaborate in combating fraudulent complaints and to report criminal activities to law enforcement [7]. Group 5: Overall Impact - The introduction of these guidelines aims to create a clear boundary for collection practices, safeguarding the rights of both creditors and debtors, and is expected to reduce instances of illegal and violent collection practices [8]. - The implementation of these regulations is anticipated to foster a development model characterized by compliance, clear responsibilities, effective regulation, and collaborative industry governance, contributing to the stability of the financial market and social justice [8].