Many consumers encounter various overlord clauses when using credit cards, and banks are frequently exposed to the news of overlord clauses, which infringes on consumers' rights and interests. Let's analyze the common bank overlord clauses in recent years.

1. The consumer's personal information bank can use it at will.

Terms: Party B authorizes Party A to disclose its personal data, transaction information and credit status to Party A's affiliated companies, Party A's service agencies, agents, outsourcing operators, co-branded card partners, relevant credit institutions and any business cooperation institutions deemed necessary by Party A. ..

Comments: According to the Law on the Protection of Consumer Rights and Interests, business operators should publicly collect and use consumers' personal information, and must not collect and use information in violation of laws and regulations and the agreement between the two parties. Operators need to obtain the consent of consumers when using personal information of consumers. In addition, it is very common for banks to unilaterally formulate standard contract terms without consulting cardholders, which essentially deprives cardholders of their right to choose. It is suggested that banks set options in the terms of authorization for the use of consumers' personal information, so that cardholders can choose whether to agree to use and the scope of use.

2. Banks that fail to repay on time may deduct other card payments.

Terms: If Party B fails to repay the loan on time, Party A can collect it by letter, telephone or door-to-door, and has the right to deduct the money in any account opened by Party B in the bank (it is deemed to be due if it is not due) or dispose of Party B's mortgage or pledge to pay off the debt.

The customer authorizes the bank to directly deduct funds from the margin account opened by the customer and any other account to pay off the credit card arrears, and the bank does not need to notify the customer before deduction.

Comments: If the cardholder fails to pay the credit card arrears on time, the bank has the right to deduct any account opened by the debtor in the bank, which improperly expands the bank's right to recover the arrears and aggravates the cardholder's responsibility. For cardholders, it is obviously unfair to expand the scope of the right of set-off. In addition, banks cannot directly exempt themselves from the obligation to inform and deprive cardholders of the right to raise objections.

The bank is not responsible for the loss.

Terms: If the cardholder is unable to use the card normally due to non-bank reasons such as power supply, communication, network failure or force majeure, the bank may assist the cardholder to solve the problem or provide necessary help as appropriate, but shall not be responsible for the losses that may be caused to the cardholder. During the transaction, the bank has the right to handle the wrong account caused by temporary network communication failure or other reasons according to the actual transaction situation.

Comments: In the case of power supply, communication, network failure or force majeure, banks need to bear corresponding responsibilities if they take measures slowly. In some foreseeable system failures, such as technical loopholes in banks, management defects, database version aging of core systems, etc. If the bank neglects to manage or update, the bank must be responsible for the losses of its customers.

4. Is the bank not liable for the fault of the third-party service provider?

Terms: In order to perform this contract, Party A may choose a qualified third-party service provider to provide services or handle business for Party B directly or with assistance ... If Party B suffers losses due to the fault of the third-party service provider, Party A will provide necessary assistance to help Party B recover from the third-party service provider.

Comments: Banks choose service providers to provide services to consumers. This "choice" is "entrustment" in jurisprudence. If the credit card consumer suffers losses due to the fault of the third-party service provider, the bank should bear the liability for breach of contract to the credit card consumer, rather than just assisting in recourse to the third-party service provider to provide necessary help. Therefore, the clause is suspected of reducing the operator's responsibility and increasing the consumer's responsibility with the format clause, which is invalid.

5. The rights and obligations of the bank can be transferred at will without the consent of the cardholder.

Terms: Party B agrees that Party A may transfer any of its rights or obligations under this contract to any third party at any time within the scope permitted by applicable laws without obtaining Party B's prior consent.

Comments: When a bank transfers its obligations under the contract to a third party, it must obtain the consent of the cardholder. Although the terms of the bank state that the cardholder agrees to transfer the debt, as a standard term, the cardholder cannot change it, which actually deprives consumers of the right to choose not to agree. It is suggested to set corresponding optional clauses in the contract or inform the cardholder in advance when transferring the debt.