What should I do if I inexplicably become an ＂emergency contact＂ for online loans？ If you are harassed by the phone, you can record it and leave a certificate.

　　"The former boss hasn’t contacted me for two years, but the phone call for debt collection calls me every day. It’s really annoying." "I don’t have any impression of the people who borrowed money. The people who collected it don’t believe it, or they call every day." Recently, many readers reported that because someone listed himself as an emergency contact in the online platform loan, after the borrower overdue repayment, the platform’s collection phone kept calling, which was annoying and didn’t know how to solve it.

　　The reporter of Beijing Youth Daily found that there were more than 13,000 complaints about "emergency contacts" on the black cat complaint platform. Almost all of them complained that the loan platform "have no martial ethics" harassed emergency contacts all day, and some borrowers even showed up to ask the platform to stop this operation.

　　phenomenon

　　Become an emergency contact without knowing it.

　　A survey by the reporter of Beiqing Daily found that many people have inexplicably become someone’s "emergency contact" on the online lending platform. Some people said they knew the borrower, but the other party never told themselves about it; Others said that they simply couldn’t remember who the borrower was.

　　After receiving the call, Yu Chen (a pseudonym) learned that he was listed as an emergency contact by his former boss. Two years ago, he briefly worked in a small company for several months in administrative logistics. Unexpectedly, the former boss borrowed money from several platforms and didn’t pay it back. He also regarded Yu Chen as an "emergency contact". The call for collection came from both ends every three days, and asked Yu Chen to tell his former boss to pay back the money quickly. But Yu Chen has long lost contact with each other, and I don’t know where to find him. The person who collected the money didn’t listen to the explanation at all, but still persistently harassed Yu Chen. The phone number changed from time to time, and the interception function of the mobile phone was useless, which made Chen Yuyou afraid to answer any strange phone calls for a long time.

　　Xiaolin, a company employee, was tired of her ex-boyfriend who had broken up for many years. She said that she was set as an "emergency contact" for online loans by her ex-boyfriend without knowing it at all. In fact, she has broken up with her ex-boyfriend for many years, and the two sides have not contacted each other during this period. When she received the call for the first time, she explained the situation to the other party, but the other party said that she could not contact her ex-boyfriend and could only ask her for help. In the next month, almost every day, collection calls or text messages came in turn, which seriously affected her life.

　　Yu Chen and Xiaolin at least had a certain friendship with debtors in the past, and many people didn’t even know debtors, so they became "emergency contacts" inexplicably. Mr. Lin once received a collection call and asked if he knew the borrower and asked him to contact the borrower for handling, otherwise he would have to go through legal procedures. He said "I don’t know" and hung up the phone. As a result, he received dozens of text messages as soon as he put down his mobile phone.

　　find

　　You can’t apply for a loan if you don’t fill in the emergency contact.

　　It is understood that when the borrower applies for an online loan, the platform requires the name and mobile phone number of the emergency contact. If you don’t fill it out, the loan application will not be submitted or the loan amount will be greatly reduced.

　　For example, the Privacy Policy of a loan App owned by a consumer finance company with a download of nearly one million clearly stipulates: "In order to provide you with consumer loan services and complete the approval of the application for the use of credit line, we need to fully evaluate your demand for money and risk qualification, so you also need to fill in the loan period and use information (if necessary) and two emergency contact information (name and mobile phone number). If you do not provide the necessary information, you will not be able to successfully submit the loan application and credit line.

　　Another loan App stipulates: "In order to enable you to pass the approval of the loan amount of credit institutions more quickly, based on the specific needs and entrustment of credit institutions, you may need to provide us with your educational level, mobile phone number, gender, industry and occupation information after your separate consent. And the photos of the front and back of the ID card, emergency contact information, face information, income information, debt information and residence address (province/city/district) that may be collected according to the verification process. If you refuse to provide us with the above information, we cannot provide you with a higher credit institution quota, but it will not affect your access to a lower credit institution quota. "

　　question

　　The loan platform does not check with the emergency contact person.

　　Since you have to fill in an emergency contact, can you just fill in a name and phone number that doesn’t exist? Netizen Xiao Li said that according to his experience, some lending platforms can do this, even if emergency contacts are filled in at will, it will not affect the quota approval.

　　Xiao Li once fabricated the names and telephone submissions of two contacts and successfully obtained a loan of 15,000 yuan on a certain platform. "However, most platforms will let you open access to the address book. When filling in emergency contacts, you must choose in the address book." Xiao Li said.

　　Many citizens who inexplicably became emergency contacts said that they had never received a call from the platform for advice or formal notification before receiving the call for collection. If borrowers are not overdue, they will never know that they have been listed as "emergency contacts" for online loans.

　　The privacy policy clause of a lending platform App stipulates that the platform needs the borrower to provide two emergency contacts and mobile phone numbers in order to get in touch with the borrower in order to remind him of overdue repayment. At the same time, the platform does not need to contact an emergency contact person for verification, and the lender itself bears the legal risks brought by false information.

　　Why can the platform be so "big"? Some insiders in the consumer finance industry have analyzed that the reason why the platform does not verify whether the emergency contact person knows and agrees is that the workload is too heavy, and on the other hand, the borrower does not want others to know that he is borrowing money. In addition, many loan apps can access the address book through user authorization, and can also ensure that the emergency contact is indeed an acquaintance of the borrower. The more important reason is that the emergency contact person is a contact channel, which does not affect the borrower’s credit review and solvency, nor does it assume the role of guarantee.

　　statement

　　Be careful when filling in the emergency contact and inform in advance.

　　However, this does not mean that the platform and borrowers can "do whatever they want" with emergency contacts. Lawyer Xu Guilin, a partner of Beijing Times Jiuhe Law Firm, pointed out that borrowers need to be careful when filling in emergency contacts, and should truthfully inform them of the situation. Because personal information such as mobile phone number is protected by law, others have no right to disclose it without my consent. Especially in the case of malicious harassment of the emergency contact person, if the borrower fails to inform in advance, it may bear corresponding legal responsibilities.

　　Xu Guilin suggested that borrowers should list relatives and friends or trusted people as emergency contacts and ensure that they can contact themselves through this emergency contact when necessary. Some borrowers fill in emergency contacts or make up fake numbers, in fact, they want to avoid debts when borrowing money, so that they can "play missing" after borrowing money. This practice can’t reduce the debt, on the contrary, it is very unfavorable to the borrower himself. Because even if the defendant’s whereabouts are unknown and he does not appear in court, the court can directly make a judgment by default, and the lender can also apply for enforcement. At that time, the borrower will face a series of adverse legal consequences, such as fines, detention, and being investigated for refusing to commit crimes.

　　pay close attention

　　The emergency contact person is not responsible for the guarantee.

　　Should the emergency contact bear legal responsibility? On this issue of concern to everyone, Chen Yue, assistant judge of Zhejiang Longyou Court, said that emergency contacts do not have to bear the guarantee responsibility and will not affect personal credit information.

　　Chen Yue pointed out that Articles 6 and 13 of the Guarantee Law stipulate that "the guarantee mentioned in this Law refers to the act that the guarantor and the creditor agree that when the debtor fails to perform the debt, the guarantor will perform the debt or assume the responsibility according to the agreement" and "the guarantor and the creditor shall conclude a guarantee contract in writing". It can be seen that to become a guarantor, I need to sign a written guarantee contract with the creditor. Therefore, there is no need to worry about being listed as an emergency contact by the online loan borrower.

　　point out

　　If you are harassed by collection, you can leave a certificate to report to the police or complain.

　　Although the emergency contact person does not need to bear the legal repayment responsibility, no one can stand being harassed by the collection phone for three days. Faced with this situation, how to deal with it?

　　Chen Yue, assistant judge of Zhejiang Longyou Court, suggested that, first of all, it is necessary to stabilize the "morale" and realize that the other party’s threats are exaggerated. The purpose of harassing and scaring you is to make you "carry the pot", and the emergency contact person does not have to bear any repayment obligations for the borrower’s loan. Secondly, we should keep good evidence, record the harassing phone call in time, and tell the other party that we have sent total recall, warning the other party not to call again, or we will seek legal relief. If the other party is still adamant, after collecting the evidence, he can report the case to the public security organ or complain to the administrative department for industry and commerce in time.

　　Netizen Xiaoyu has been listed as an emergency contact by two unreliable friends. In the process of "fighting wits and courage" with the collection staff, Xiaoyu summed up a set of experiences. He suggested that when you receive a strange phone call for the first time, when the other party says your name and asks if you know someone, don’t answer immediately. You should first find out the identity of the other party and the purpose of looking for you. Once you find out that it is a loan urging company, immediately tell the other party that you don’t know the borrower, that you are not the person he is looking for, that the other party dialed the wrong number, and then hang up. If the other party calls again, yell at him several times and tell him that he has dialed the wrong number, so that the other party will generally stop harassing. If they still insist, they will intercept all strange numbers or set up call forwarding. If the situation is more serious or even threatened, you can call total recall, intercept the phone records, complain to the number operator and call the police at the same time.

　　This group/our reporter Cheng Jie co-ordinates/Yu Meiying

　　Photo courtesy/vision china