If the collection company or bank violates regulations during the collection process, you can call the China Banking and Insurance Regulatory Commission’s complaint hotline: 12378. Chapter 4 of the "Bank Credit Card Business Management Measures" Card Issuance Business Management;
Article 34 The card-issuing bank shall establish a credit card management system to clarify cards, passwords, letters, envelopes, card production documents and related work Management responsibilities and operating procedures for the generation, handover, storage, confidentiality, use monitoring, and inspection of personnel operation passwords to prevent the occurrence of major risk accidents.
Article 35 A commercial bank shall establish a credit card business application material management system. The head office (head office, foreign-funded legal person bank) shall uniformly number the credit card application materials, and enter, use and destroy the application material information. etc. to implement the registration system.
Article 36 The following basic information shall be fully disclosed to the cardholder on the face of a credit card: the legal person name of the card-issuing bank, brand logo and anti-counterfeiting mark, card type (credit card, credit card, quasi-credit card etc.), card number, cardholder’s name in pinyin (foreign name), validity period, cardholder’s signature strip, security verification code, precautions, customer service phone number, and bank website address.
Article 37 The text of credit card application materials printed by the card-issuing bank shall contain at least the following elements:
(1) Applicant information: serial number, applicant’s name, valid identity document Name, ID number, unit name, unit address, residential address, billing address, contact number, contact name, contact number, contact verification information, other verification information, etc.;
(2) Contract information: receipt contract (agreement), credit card regulations, important reminders, notification methods for changes in contract information, etc.;
(3) Fee information: main charging items and charging levels, charging information query channels, charges Notification methods of information changes, etc.;
(4) Other information: the credit card held by the applicant and its credit limit, applicant's statement, applicant's confirmation column and signature column, card-issuing bank service telephone number and bank Website, complaint channels, etc.
The "Important Tips" should be listed in a conspicuous manner in the credit card application materials, including at least the basic conditions for applying for a credit card, the required basic application information, interest calculation rules, annual fees/late fees/over-limit fees Collection methods, tips on reading and signing the contract (agreement), tips on the security and confidentiality of applicant information, tips on legal responsibilities and handling measures related to illegal use of credit cards, and other content that has a significant impact on the applicant's credit and rights and obligations. and other information.
The applicant’s confirmation column should contain the following statement, and require the customer to copy and sign: “I have read all application materials, fully understand and clearly understand the relevant information of the credit card product, and am willing to abide by the acceptance contract ( ”
Article 38 The card-issuing bank shall publicly and clearly inform the applicant of the application materials and basic requirements that need to be submitted. The application materials must be signed by the applicant himself and shall not be used in public. Cards are issued without the customer’s knowledge or against the customer’s wishes.
The credit card supplementary card application materials accepted by the card-issuing bank must be confirmed by the main cardholder's personal signature, customer service phone recording, electronic signature, or a method mutually recognized by the cardholder and the card-issuing bank.
Article 39: Card-issuing banks shall establish a credit card marketing management system, conduct systematic training, registration and assessment, and standardize management of marketing personnel, and shall not use a single piece-based commission assessment method based on the number of cards issued. Credit card marketing activities should meet the following conditions:
(1) Marketing materials are true and accurate, and must not contain false or misleading statements or major omissions, and must not contain exaggerated or one-sided publicity. Expenses that should be borne by cardholders must be open and transparent. Risk warnings should be printed in obvious and easy-to-understand words in promotional materials and product (service) application materials. The description of the warning content should be true, clear, sufficient, and exemplary. Cases should be representative.
(2) Marketing personnel must wear the logo of their bank, clearly indicate their card-issuing bank and customer complaint hotline, use uniformly printed promotional materials for credit card products (services), and clarify credit card charging items and interest calculation policies. Conduct sufficient information disclosure and risk warnings on business risks, etc., confirm that there are no traces of alteration in the important certification materials submitted by the applicant, confirm that the applicant has known and understood the above information, confirm that the applicant has signed the application materials, and retained relevant evidence. Misleading and deceptive promotional interpretations are not allowed. When customers have any questions about the authenticity and reliability of promotional materials, relevant information inquiry channels should be provided.
(3) Marketing personnel should publicly and clearly inform the application materials and basic requirements that need to be submitted to apply for a credit card, urge credit card applicants to fill in the application materials completely, correctly and truly, and review the identity documents (original) and necessary supporting documents (original). Marketers are not allowed to promise customers the issuance of cards, and are not allowed to market credit cards in the name of quick card issuance, card application, business card application, etc.
(4) Marketers shall strictly abide by the principle of keeping customer information confidential, shall not disclose customer information, and shall not subcontract or subcontract credit card marketing work. The card-issuing bank should strictly prohibit marketing personnel from engaging in credit card marketing activities outside the bank, and make clear system regulations on the time interval and confidentiality measures for marketing personnel to receive applicant information and submit it for review. use applicant data for cross-selling of other products and services.
(5) When marketing personnel conduct telemarketing, in addition to complying with the relevant provisions of Articles (1) to (4), they must retain clear recording materials. The recording materials should be kept for at least 2 years for future reference.
Article 40: Card-issuing banks shall establish and improve credit card applicant credit review systems and clarify management structures and internal control mechanisms.
Article 41 The card-issuing bank shall conduct a credit investigation on the credit card applicant, fully verify and completely record the applicant’s valid identity, financial status, consumption and credit records and other information, and confirm that the applicant has a regular job , a stable source of income or reliable repayment guarantee.
Article 42 The card-issuing bank shall determine the required (optional) elements of the credit card application materials based on the overall risk management requirements. If there is any omission (optional) of required information or required options in the credit card application materials, No credit card will be issued if the card is issued by another person (excluding business travel cards and business purchase cards issued by the organization and supplementary cards issued by the main cardholder), signed by others, or the application materials are not signed.
Credit cards shall not be issued if there are doubtful information in the credit card application materials, omissions in review comments, lack of signatures (signatures, seals, input of work codes) by reviewers at all levels, or lack of system review records.
Article 43 For customers who apply for our bank’s credit card for the first time, credit cards shall not be issued through automatic card issuance by the entire system.
Credit card applicants should be subject to strict review and strengthen risk prevention and control when they have the following circumstances:
(1) Retaining relevant suspicious information or criminal records in the identity information system;
(2) There is no credit record in the credit reporting system;
(3) There is a bad record in the credit reporting system;
(4) There is no credit record in the credit reporting system; There are multiple bank loan or credit card credit records in the credit system;
(5) Business travel cards and business purchasing cards issued by the unit;
(6) Risk information obtained from other channels .
Article 44: Card-issuing banks shall not issue credit cards (except supplementary cards) to customers under the age of 18.
Article 45: No more than two issuing banks may issue student credit cards to the same eligible applicant (except supplementary cards).
Before issuing a student credit card, the card-issuing bank must confirm the second source of repayment and obtain written guarantee materials from the second source of repayment (parents, guardians, or other administrators, etc.) who are willing to repay the money on their behalf. And confirm the authenticity of the identity of the second repayment source. Before increasing the student credit card limit, the card-issuing bank must obtain a written guarantee from the second source of repayment (parents, guardians, or other administrators, etc.) who agrees and is willing to repay the student's credit card.
Commercial banks shall formulate management systems for student credit card business in accordance with the principle of prudence, and evaluate, calculate and reasonably determine the first credit limit of their student credit cards and the maximum credit limit after adjustment based on card usage based on actual business development conditions. Quota. Student credit cards cannot be used beyond the limit.
Article 46: Card-issuing banks shall publicly disclose on the bank’s website the agreements signed with educational institutions for the purpose of marketing credit cards to students.
When a card-issuing bank conducts credit card marketing activities to students on the campus of any educational institution, it must notify the relevant educational institution in advance of the specific location, date, time and content of the marketing activity and obtain the consent of the educational institution.
Article 47 The card-issuing bank shall provide channels for querying the progress and results of credit card application processing.
Article 48 The issuing bank shall comply with security management requirements when issuing credit cards. The card and password shall be delivered separately and the cardholder shall be prompted to receive them. When a credit card is issued, the cardholder shall be informed in writing of the credit card bill date, credit card regulations, instructions for safe card use, customer service telephone number, service and charging information inquiry channels and other information, so that the cardholder can use the credit card safely.
Article 49 The card-issuing bank shall establish operating procedures for credit card activation, and shall verify the identity information of the credit card holder before activation. Credit cards whose use contract (agreement) has not been confirmed by the applicant's signature and whose identity has not been confirmed by the activation procedure shall not be activated. New credit cards, lost cards, damaged cards, expired cards, etc. must be activated before they can be used by cardholders.
No fees may be deducted from the credit card without activation by the cardholder. Under special circumstances, the cardholder alone authorizes the deduction of fees in writing, customer service phone recordings, electronic signatures, and methods mutually recognized by the cardholder and the card-issuing bank, except for the creditor-debt relationship that has been formed when the card is replaced.
No gifts or gift certificates may be issued without the credit card being activated and used by the cardholder.
Article 50 The card-issuing bank shall establish a credit card credit management system, conduct dynamic management of credit card credit limits based on the cardholder’s credit status, card usage and risk information, and promptly notify the cardholder in accordance with the agreed method. , if necessary, the cardholder can be asked to confirm the second source of repayment or provide guarantee.
The card-issuing bank shall consolidate and manage the credit limits of multiple credit card accounts in the name of the cardholder, the overall credit limit for installment payments, the credit limit for additional cards, the credit limit for cash withdrawals, etc., and set an upper limit for the total credit limit. The cash withdrawal credit limit of a business purchasing card should be set to zero.
Article 51: On the premise that the credit card application contract (agreement), written agreement, electronic banking records or customer service telephone recordings have been agreed upon, the card-issuing bank can If a credit card transaction occurs and the credit limit is reduced, the cardholder must be clearly informed three working days in advance according to the agreed method.
Article 52: Card-issuing banks shall establish a credit card business risk management system. The card-issuing bank learns from the public security organs, judicial organs, the cardholder himself, relatives, transaction monitoring or other channels that the cardholder's identity document has been stolen, his family's financial situation has deteriorated, his repayment ability has declined, his reserved contact information has expired, and his credit status has deteriorated. , when there is risk information such as abnormal card usage behavior, you should immediately stop operations that may increase credit risks, such as increasing the credit limit, authorizing card services beyond the credit limit, authorizing installment business, etc., and take measures to increase transaction monitoring and reduce the credit limit as appropriate. , stop payment, freeze or implement risk management measures such as second source of repayment.
Article 53 If a credit card is not used beyond the credit limit without the cardholder applying for and activating the card service, over-limit fees shall not be deducted in any form. Cardholders can activate or cancel card services exceeding the credit limit verbally (customer service call recording), electronically, or in writing.
The card-issuing bank must provide information on the form and calculation method of over-limit fees before activating the service for cardholders to use the card beyond the credit limit, and clearly inform the cardholder of the ability to cancel the use of the card beyond the credit limit. Right to Service. After the card-issuing bank charges an over-limit fee, it shall clearly list the amount of the over-limit fee in the corresponding billing cycle in the statement.
Article 54: After the cardholder applies for the service of using the card beyond the credit limit, the card-issuing bank can only provide the service of using the card beyond the credit limit once in one billing cycle. A one-time over-limit fee can be charged. If within two consecutive billing cycles, the cardholder continuously requires payment of over-limit fees to complete an overdraft transaction that exceeds the credit limit, the card-issuing bank must immediately stop using the card beyond the credit limit after the end of the second billing cycle until the credit card Only when the outstanding balance is reduced to below the original credit limit of the credit card can the cardholder's re-application be re-activated for card service beyond the credit limit.
Article 55: Card-issuing banks are not allowed to provide card-using services exceeding the credit limit for credit card transfers (transfers) and cash withdrawals. The total amount of credit card overdraft transfers (transfers) and cash withdrawals shall not exceed the credit limit of the credit card for cash withdrawals.
Article 56 The card-issuing bank shall formulate a credit card transaction authorization and risk monitoring management system, equip it with necessary equipment, systems and personnel to ensure 24-hour transaction authorization and real-time monitoring, and monitor credit card accounts with suspicious transactions. Risk management measures such as contacting cardholders for confirmation, adjusting credit limits, locking accounts, and emergency payment stop should be taken in a timely manner.
The card-issuing bank shall carry out risk investigation and timely handling of suspicious transactions through telephone verification, order adjustment or on-site visits, and shall promptly report the case to the public security organ when necessary.
Article 57 The card-issuing bank shall clearly stipulate in the credit card use contract (agreement) the specific operating procedures for repaying credit card loans with the cardholder’s relevant assets. Without the cardholder’s authorization, , the cardholder's assets may not be used to directly offset credit card accounts receivable. Except as otherwise provided by national laws and regulations.
When the card-issuing bank receives repayment from the cardholder, it will offset the various outstanding balances in the credit card account in the following order: if it is overdue for 1-90 days (inclusive), the interest receivable first or Various expenses will be offset in the order of principal, and if the payment is overdue for more than 91 days, principal will be offset first, then interest receivable or various expenses will be offset.
Article 58: Card-issuing banks must verify passwords or credit card verification codes when providing credit card inquiry and payment services through self-service channels. If it is indeed impossible to verify the password or credit card verification code, the card-issuing bank shall determine the relevant information verification rules for self-service credit card services based on the transaction type, risk nature and risk characteristics to ensure safe card use.
Article 59: Card-issuing banks shall provide 24-hour loss reporting services, promptly accept cardholders’ applications for loss reporting through business outlets, customer service hotlines, or electronic banking and other channels, and take corresponding risk control measures.
Article 60 The card-issuing bank shall provide information inquiry services and disclose credit card products and services, instructions for use, articles of association, and collection to cardholders through bank websites, card user manuals, electronic banking and other channels. Contracts (agreements), charging items and standards, risk warnings and other information.
Article 61 The card-issuing bank shall provide reconciliation services. The statement should at least include the transaction date, transaction amount, transaction currency, transaction merchant name or code, current repayment amount, current minimum repayment amount, due repayment date, precautions, card-issuing bank service phone number and other elements. The specific form of reconciliation service shall be agreed upon by the card-issuing bank and the cardholder.
When the card-issuing bank provides statements and other service vouchers to cardholders, it shall partially block the credit card number and shall not display the complete card number information. Except for business vouchers printed at bank counters.
Article 62 The card-issuing bank shall provide complaint handling services, establish unified and efficient complaint handling procedures based on the characteristics and complexity of credit card products (services), clarify the management department for complaint handling, and publicly disclose complaints. processing channels.
Article 63 The card-issuing bank shall provide credit card expiry replacement services and replace cards for cardholders who meet the expiration conditions. Exceptions will be made if the cardholder proposes not to renew the card upon expiration, not to change the card, or to cancel the account.
For credit card accounts that have not been activated by the cardholder within the validity period of the credit card, the card-issuing bank shall not provide expiration card replacement services.
Article 64 The card-issuing bank shall provide credit card account cancellation services and promptly cancel the account of the cardholder after confirming that there are no outstanding balances in the credit card account. When the credit card account is closed, the balance in the business purchasing card account should be transferred back to its corresponding unit settlement account.
Under the premise that the notification method has been agreed through the credit card application contract (agreement) or written agreement, the card-issuing bank shall use clear, concise and easy-to-understand language at least 45 days in advance to notify the credit card articles, products and services. Notify cardholders of upcoming changes.
Article 65 The interest calculation and settlement operation for credit card business shall be carried out in accordance with the regulations of relevant national departments.
Article 66: Card-issuing banks shall establish a credit card debt collection management system, standardize credit card collection strategies, authorities, processes and methods, and effectively control business risks. Card-issuing banks are not allowed to use a single assessment method for debt collectors based on commission on the amount of debt recovered.
Article 67 The card-issuing bank shall promptly remind cardholders of the overdraft amount, repayment date and other information that is about to expire. Exceptions include cases where the cardholder provides false information or changes contact information without notifying the card-issuing bank.
Article 68 The card-issuing bank shall collect debts from the debtor himself and his guarantor, and shall not collect debts from third parties unrelated to the debt, and shall not use violence, coercion, intimidation or abuse and other inappropriate collection behaviors. . The collection process should be recorded, and the recording materials should be kept for at least 2 years for future reference.
Article 69 Credit card collection letters shall fully disclose the following basic information to the cardholder: cardholder’s name and balance of debt, reasons for collection and relevant laws and regulations, cardholder’s relevant rights and obligations, inquiries Account status, repayment, ways to raise objections and provide relevant evidence, contact information of the card-issuing bank, relevant business seals, and other content specified by regulatory agencies.
When a card-issuing bank receives a cardholder’s objection to credit card collection, it shall promptly make a note on the relevant credit card account and carry out verification and processing.
Article 70: Under special circumstances, if it is confirmed that the amount of credit card debt exceeds the cardholder's repayment ability and the cardholder is still willing to repay, the card-issuing bank may negotiate with the cardholder on an equal footing. Enter into a personalized installment agreement. The maximum period of a personalized installment agreement shall not exceed 5 years.
The contents of the personalized installment repayment agreement should at least include:
(1) The balance, structure and currency of the debt;
(2) Repayment Cycle, method, currency, date and repayment amount of each period;
(3) Whether annual fees, interest and other fees will be charged during the repayment period;
(4) Holding The cardholder shall not apply for a credit card commitment from any bank before all amounts related to the personalized installment agreement have been settled;
(5) Rights, obligations and liability for breach of contract by both parties;
(6) Other matters related to repayment.
If both parties reach an agreement and sign an installment repayment agreement, the card-issuing bank and its card-issuing business service agency shall stop collecting payments from the cardholder, unless the cardholder fails to fulfill the installment repayment agreement. If an oral repayment agreement is reached, the card-issuing bank must retain the recording materials. The recording data will be retained at least until the date of settlement of the debt.
Article 71: Card-issuing banks are not allowed to outsource core businesses such as credit card issuance marketing, contract (agreement) signing, credit approval, transaction authorization, transaction monitoring, and fund settlement to card-issuing service agencies.