Today, when we can use WeChat to facilitate communication, Xiao Chen, a post-90s graduate who is studying in Beijing, rarely reads text messages anymore, but there is one type of text message, but he always reads it carefully-a reminder of bank debit card balance changes . To this end, he paid a monthly service fee of 2 yuan.
Consumers like Xiao Chen who spend money on SMS reminder services of bank debit cards are a huge group. Someone questioned this "little money"-it is the bank's obligation to inform the user of the changes in the user's account, should it be charged?
For banks, SMS reminders are indeed a cost. So, this money is justified by law, should the bank accept it?
"The bank informs customers of the changes in their savings accounts, it is to fulfill the obligation of notification and should not be charged";
"When consumers use bank services, the bank is obliged to inform the account of changes. If WeChat reminds, APP query does not charge, and SMS charges are unreasonable"...
Liu Junhai, a professor at Renmin University of China and director of the Institute of Commercial Law, and Qiu Baochang, president of the Beijing Law Society’s E-commerce Rule of Law Research Association, pointed out that bank charges are “legal but unreasonable”. Some small banks no longer charge this fee. I hope Other banks can also actively implement it.
From 2 yuan/month to more than 4 yuan/month
The difference between large and small banks appears
The reporter's investigation found that the six state-owned banks of China, Agriculture, Industry, Construction, Transportation and Postal Savings and most joint-stock banks charge SMS reminder fees for changes in debit card account funds, ranging from 2 yuan to 4 yuan per month. Smaller joint-stock banks and city commercial banks generally list this service as free, and VIP customers of various banks can generally enjoy this service for free.
The reporter learned that several major state-owned commercial bank debit cards charge SMS reminder fees, ranging from 2, 3, or 4 yuan per month, and some provide annual discounts.
Among the joint-stock banks, Ping An Bank charges RMB 2 per month, Guangdong Development Bank, China Merchants Bank, and China CITIC Bank charge RMB 3 per month, and China Guangfa Bank provides a discount of RMB 30 per year. The smaller Hua Xia Bank does not charge this service fee. City commercial banks such as Bank of Beijing and Bank of Tianjin also do not charge this fee.
What is quite puzzling is that some banks have provided SMS reminders for many years for free. However, since 2017, when the mobile Internet is more developed and bank apps can check account changes for free, they have begun to charge for different reasons. .
Take Bank of Communications as an example. According to the announcement on the official website of the Bank of Communications, from September 1, 2017, the SMS reminder service for personal debit cards will no longer be free, and will be upgraded to the "Card Worry-Free" service at 4 yuan per month, 12 yuan quarterly, including loss The card protection service is an insurance for the savings funds, with a maximum insured amount of 100,000 yuan. The reason for the bank's charges is to upgrade services.
Everbright Bank also provided free SMS notification service before, but later switched to charging. In July 2017, the bank issued the "China Everbright Bank "SMS Connect" Service Upgrade Notice" on its official website, stating that "the free experience period of our bank's "SMS Connect" service is about to end, starting from October 31, 2017 (inclusive) , Charge for the restoration of personal "SMS" and public "SMS" services." The charge is 2 yuan/month, free for VIP customers. The reason for the fee is "to cover operating costs."
Minsheng Bank issued a notice on its official website in June 2017, stating that “the price of our bank’s personal SMS account information instant messaging service will be adjusted from June 22, 2017. RMB 2 yuan/month/card/mobile phone number.” Each debit The card is charged 2 yuan per month for each RMB current account with a mobile phone number. The bank did not explain the reason for the fee.
Older people rely on SMS reminders
Young people "do not bother to cancel"
The reporter found in the interview that most bank apps can provide free account inquiry services. That being the case, why are quite a few customers still paying SMS reminders?
At a branch outlet, the reporter found that because elderly customers are not good at using APP, they rely heavily on the bank’s SMS reminder service. Ms. Li, who lives in the Majiapu area of Beijing, has retired. She has been paying the SMS reminder fee for the bank debit card. Her reason is that "it is more convenient to receive SMS reminders if you don't use the APP."
The reporter did a random survey and asked 10 people around the "post-80s" and "post-90s" SMS reminders of the payment status. Eight of them clearly stated that they were "expending this fee"; the other two said that they were "unclear". After inquiring, I found that "I did pay the money."
Mr. Lin, who lives in Beijing’s North Fourth Ring Road, told reporters, “Although I also know that I can check the account status for free through the APP, but I’m too lazy to cancel the service. The money is not much, and it’s quite timely, so let’s do it.”
Xiao Chen told reporters that he chose to pay the SMS reminder fee for the debit card without carefully reading the terms of the contract when opening the card. "I am not used to using the bank app now, so I don't plan to cancel it either."
Customers "small money", the bank generates revenue
"Whether it is reasonable" is worth exploring
The SMS reminder fee, ranging from RMB 20 to RMB 48 per year, is not a big expense for every bank customer, but it is not a small income for the bank.
When a reporter interviewed at a branch of a major state-owned bank, a lobby manager "spit out" that he had to complete the "assessment task" of charging bank SMS reminders.
So, should the bank charge this fee?
A manager of a joint-stock bank told reporters that the bank charges a monthly fee for debit card SMS reminders because of the cost of coverage. As for how much money to collect and whether to collect it, it means "big banks have the confidence, but small ones have worries." Small and medium banks do not accept this money in order to attract customers. However, as consumers increasingly use APPs and other queries, banks will eventually be forced to cancel this charge.
Financial analysis agency "Rong360" analyst Han Yuanyuan said that from the perspective of industry regulations, banks have not violated regulations. In March 2011, the central bank, the China Banking Regulatory Commission, and the National Development and Reform Commission jointly issued the "Notice on the Exemption of Certain Service Charges for Banking Financial Institutions", which exempted eleven types of thirty-four services for personal RMB accounts from July 1, 2011 Charges, SMS notification services are not included in the exemption. If you only understand compliance literally, there is no problem with SMS notification charges.
A lawyer told reporters that unless the laws and regulations stipulate that no charges are allowed, commercial banks have the right to charge for the services they provide to customers. Different banks may have different considerations as to whether a certain service charges, more or less, or not, depending on factors such as market competitiveness and customer relationships. This should be a normal business practice. The so-called notification obligation of the bank should be the obligation stipulated in the contract, that is, the bank is obliged to inform the customer of changes in deposits when the customer inquires or within a certain period of time. If the contract does not indicate that the SMS reminder is also a free contract obligation of the bank, the bank has nothing to blame for this charge, and it should be legally reasonable.
However, Liu Junhai, a professor at Renmin University of China and director of the Institute of Commercial Law, believes that bank charges are "legal but unreasonable." "The bank informs customers of changes in their savings accounts, it is to fulfill the obligation of notification and should not be charged." Liu Junhai said. He stated that Article 60 of the "Contract Law of the People's Republic of China" stipulates that the parties shall fully perform their obligations in accordance with the agreement, follow the principle of good faith, and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose and trading habits of the contract. "The bank's SMS reminder is just fulfilling the notification obligation."
Lawyer Qiu Baochang, the former head of the lawyers group of the China Consumers Association and the current chairman of the Beijing Law Society’s E-commerce Rule of Law Research Association, said that based on Articles 8 and 28 of the Consumer Rights Protection Law of the People’s Republic of China, Banks should not charge for SMS reminders. Article 8 stipulates that consumers have the right to know the true status of the goods they purchase or use or the services they receive. Article 28 stipulates that operators who provide goods or services through the Internet, television, telephone, mail order, etc., as well as operators who provide financial services such as securities, insurance, and banking, shall provide consumers with business addresses, goods or services Information about the quantity and quality, price or cost of the product.
"When consumers use bank services, the bank is obliged to inform the account of changes. If WeChat reminders, APP inquiries are not charged, and SMS charges are unreasonable." Qiu Baochang said.
Qiu Baochang also stated that even if the bank pays the cost for this, it should not impose the cost on the consumer, which is determined by the necessity of fulfilling its obligations.
Liu Junhai also said that nowadays, some small banks no longer charge this fee. This is a good thing, and I hope other banks can actively implement it.