Zhejiang: Financial marketing is not allowed through text messages or phone calls to consumers without their consent or request.

According to news from this site on August 2, on July 31, the Zhejiang Provincial Communications Administration Bureau, together with seven departments including the Provincial Supervision Bureau, jointly issued the "Notice on Regulating Financial Marketing Collection Text Messages and Phone Calls in the Jurisdiction" (hereinafter referred to as the "Notice" 》).

The "Notice" regulates the SMS, telephone marketing and collection behavior of financial institutions from four aspects: strengthening compliance management on the financial institution side, clarifying the audit obligations on the telecom enterprise side, establishing a number monitoring and disposal mechanism, and improving the consumer rights protection mechanism. In order to effectively protect the legitimate rights and interests of financial consumers, the following content is attached to this site:

First, strengthen compliance management at the financial institution end. Financial institutions sending marketing text messages and making marketing calls, and all banking financial institutions and other institutions engaged in loan business or loan-related business in accordance with the law (hereinafter collectively referred to as loan marketing agencies) sending collection text messages and making collection calls, shall report to the financial management department of the State Council and local governments. The financial business scope permitted by the financial management department shall not exceed the business license scope. Financial institutions should strengthen the compliance review of SMS telephone marketing and collection, prudently determine business partners and cooperation forms in accordance with the law, clearly agree on the rights and obligations of the institution and the cooperative institution in SMS telephone marketing and collection, and jointly ensure SMS telephone marketing and collection The business is legal and compliant.

The second is to clarify the audit obligations of telecom companies. Telecommunications enterprises that provide text message and telephone services to financial institutions or their entrusted partners must obtain a telecommunications business license with the approval of the telecommunications regulatory agency. Before providing SMS and phone services, telecommunications companies should review the financial business license of the financial institution or the relevant documents of the cooperative unit being 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 database of SMS marketing numbers, conduct comprehensive and accurate statistics, and regularly update SMS numbers for their own use and for entrusted cooperative agencies to carry out marketing. Financial institutions should strengthen the daily monitoring of their own SMS and telephone marketing and collection activities, encourage the establishment of a number clue collection mechanism for unauthorized SMS and telephone marketing and collection activities in the name of the institution, and collect them in a timely manner and make statistics on a regular basis. Telecommunications companies shall promptly dispose of numbers that are not included in the marketing SMS number database and are used for SMS phone marketing and collection without authorization from financial institutions.

Fourth is to improve the consumer rights protection mechanism. Marketing to consumers via text messages or phone calls is not allowed without the consumer’s consent or request, or the consumer’s explicit refusal. If marketing collection information is sent in the form of text messages, the content of the text messages must be accurate and fully labeled with 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 opt out. For users who explicitly reply to refuse to receive marketing text messages or calls, necessary measures must be taken promptly to ensure that users no longer receive relevant text messages and phone calls.

At the same time, in order to ensure the normal development of legal SMS phone marketing and collection services, the "Notice" also clarifies that the financial management department and the communications management department must establish relevant complaint relief mechanisms. All financial management departments and communications management departments have established and improved mechanisms for complaint forwarding and reporting collaboration, and intensified efforts to investigate and deal with violations. Those suspected of illegal crimes such as telecommunications and network fraud will be severely punished in conjunction with the public security departments in accordance with the law.

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