1. Under normal circumstances, it is legal as long as it does not cause harassment. If the bank collection officer calls the emergency contact number filled in by the cardholder when applying for a credit card, it is legal as long as it does not cause harassment. The China Banking and Insurance Regulatory Commission allows banks to entrust third parties to collect debts. Under appropriate conditions, they are also allowed to call emergency contacts, but they must be managed in a standardized manner.

2. If the other party keeps calling and harassing your family, it is considered a violent collection and you can call the police. However, if the other party only calls to collect, you can also consider complaining to relevant departments, such as the China Internet Finance Association, China Banking Regulatory Commission, etc.

The bank's collection staff will generally only tell the cardholder's family to urge the cardholder to repay or ask the cardholder's relatives to persuade the cardholder to repay as soon as possible, instead of asking the cardholder directly. Although the bank can call the emergency contact person to inform the cardholder's relatives to collect debts, it is illegal for the bank to call every day because it has harassed the cardholder's relatives and has a negative impact on the lives of the cardholder's relatives. caused distress. Banks will definitely contact the cardholder's relatives after the collection fails. This is a common collection method used by banks. Of course, the bank will certainly control it within the legal scope, unless it is a third-party collection company that will engage in illegal collection behavior. .

The China Banking and Insurance Regulatory Commission allows banks to entrust third parties to collect debts. Under appropriate conditions, they are also allowed to call emergency contacts, but they must be managed in a standardized manner.

The first point: Unless the debtor has been out of contact for many times, credit card collection does not have the right to call family members, and calls can only be made through reserved emergency contact numbers and formal channels. Number of family members coming, such as parents, partner, etc.

Second point: For credit card collection, call your family to inform your family of the emergency contact and the corresponding three-party contact person left when the debtor applied for a credit card. Contents of collection: Three-party collection does not allow collection from third parties unrelated to the debt. It can only serve as a notification. The third party is requested to notify the debtor to answer the phone, etc. It is not allowed to clearly inform the debtor of debt information.

The third point: In the process of collection, there are abuses and insults, and the third party is clearly informed of the debtor's debt situation, and the third party is required to be responsible for the debt. It causes collection troubles to third parties, long-term phone or text message harassment, etc. This kind of collection behavior affects the lives and work of innocent people and is illegal.

To sum up, as long as the bank informs the emergency contact person filled in by the cardholder when applying for a credit card and does not cause trouble to the cardholder’s relatives, it is legal.

If the harassment call has affected your normal life and you can call the police, the other party will generally be detained for not more than five days or fined not more than 500 yuan; if the circumstances are serious, the person will be detained for not less than five days but not more than ten days. Detention and possible fine of not more than 500 yuan.

No matter how many messages there are, if you send insults, threats or other messages that interfere with the normal life of others, you can call the police in time, and the public security organs will impose security penalties according to the specific circumstances. According to the provisions of Article 42 of the "Public Security Administration Punishment Law", a person shall be detained for not more than five days or fined not more than 500 yuan; if the circumstances are serious, he shall be detained for not less than five days but not more than 10 days, and may also be fined not more than 500 yuan.

Legal Basis

"Public Security Administration Punishment Law of the People's Republic of China"

Article 42 Anyone who commits any of the following acts shall be punished with a five-year fine Detention for not more than 50 days or a fine of not more than 500 yuan; if the circumstances are serious, the person may be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan:

(1) Writing threatening letters or other methods Threatening the personal safety of others;

(2) Blatantly insulting others or fabricating facts to slander others;

(3) Fabricating facts to frame others in an attempt to subject others to criminal prosecution or prosecution Public security management penalties;

(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;

(5) Repeatedly sending obscene, insulting, threatening or other information that interferes with the normal life of others;

(6) Peeping, filming, eavesdropping, or spreading other people's privacy.