A probe vehicle telephone marketing insurance -- disturbing illegal said

Preface.

Nowadays, the telephone is the overwhelming, with vigour and vitality of auto insurance. In 2007 April, the China Insurance Regulatory Commission "notice on regulating the property insurance company telephone marketing development and management of specialized products" (the [2007]32), can be said to be an official symbol of telephone marketing insurance market.

Now two years, how the telephone marketing go? Where is the problem? With this problem, the author is the purpose of the inquiry...... The telephone marketing insurance topic -- this is involved in harassment, whether compliance management conflict with the enterprise?

[] several phenomena

Because I have worked in the insurance industry for many years experience, relative to the ordinary people more aware of several telephone marketing phenomenon. Select only the expression of several experienced phenomenon:

A phenomenon, friends and relatives in the car by telephone marketing problems.

I drafted a few problems, around the relatives, friends all car owners were investigated, the following investigation in 42 investigation object in:

1, 42 people a year are received from the insurance company marketing phone, ratio of 100%;

2, an average of 42 people a year receive 4.5 calls a passive vehicle insurance marketing, telephone from different companies, and the existence of a insurance company many phone sales;

3, from the insurance company insurance marketing call time and vehicle purchase month (on September) 2 months before the insurance marketing call high-risk period, 189 telephone survey of about 164 of the time, the proportion is as high as 86.77%;

4, 42 people in accordance with the advertising information active and insurance marketing call request insurance for 0 people, 42 people of passive answering the phone, accept insurance products reached 2;

5, whether the non working time to answer the phone in 42 marketing, there are 28 people think that in the non working time to answer the telephone marketing, accounting for more than 66.7%;

41 people, 42 people of 6 thinks insurance marketing telephone influence their normal life, and that the personal information, privacy, accounted for more than 97.6%.

Two, the insurance industry has also suffered siege car phone.

As an ordinary customer, by the insurance company phone sales siege, the insurance industry of the car would be "escape"? In fact, the insurance industry's car as suffering from telephone marketing problems.

This random sampling of former colleagues, subordinates car group, 25 per capita to answer auto insurance marketing phone, and the general customer consistent. Is engaged in the insurance and engaged in auto insurance business, sales, claims to insurance marketing these friends call bombing said "dumbfounding".

The phenomenon of three, no car to car insurance sales telephone relative proportion of little.

The car free family belongs to the typical, and other car free family friend similar. Affected by the insurance marketing phone, an annual average of passive answer auto insurance marketing phone for 0-2.

There is a phenomenon worthy of attention, the sampling of 42+25 were 7 of the actual vehicle use but driving permit owners to spouse, telephone marketing in travel card owners as the object, the actual use of passive receiving insurance marketing telephone and car free communities are basically the same.

The phenomenon of four, from insurance telemarketing industry internal message.

Not long ago, I had a colleague, she currently insurance telemarketing telemarketing staff in a large city of an insurance company. It is understood, in fact the insurance telemarketing active expiration (i.e. marketing according to the active customer information to customer telephone) ratio is very high, and the active customer call announced the insurance marketing call requires insurance ratio is very small.

In addition, the agents call customer telephone information is provided by the company, and customer information is purchased, a basic information for several angles to one yuan more than the purchase price.

 

[Methods] reveal operation

The above phenomenon, it is not difficult to reveal several obvious features of auto electric pin operation mode.

One, the insurance company can not be auto electric pin to customer information data itself.

The insurance company, insurance marketing power is to expand the business into the first objective. Just imagine, if the auto electric pin just before the company's operating data from electrical pin, insurance companies will not significantly enlarged, but the impact of the original business team, resulting in the original business, internal competition, reduce the loss of personnel, labor insurance etc.. Therefore, auto electric pin insurance company may not to customer information data itself, must use other sources of information especially the non self data of the company sales. So, increasing the business purpose can be reached a.

Of course, the insurance company can not renew business systems on the customer (have been lost to other insurance companies), using auto electric pin to save is a sales means insurance company at present, but not the main object Auto Electric pin.

Two, customer information are often the source of the Department, 4S stores, clubs and other channels, and reuse.

Auto electric pin customer coverage often so high, the customer information source is very obvious. Despite the absence of any insurance company acknowledged the customer information, but according to the internal argument and social suspicion, its source is the inevitable result of Che Kwun sector, 4S stores, clubs and other channels, and provide the insurance company.

Three, auto sales and other goods of telephone marketing are fundamentally different.

As everyone knows, usually the general commodity telephone sense of direct sales to consumers passive answer incoming calls, the market awareness is to rely on its advertising means; active breath, has been limited to establish customer relationships with manufacturers of consumer. While the current insurance sales calls, telephone answering a few passive, active and exhaled breath to object most are not with the insurance company to build customer relationship consumers.

[Law]

Auto sales are illegal? The author thinks that exist, but the existing legal norms are not clear.

The author thinks, at present the insurance telemarketing involves two aspects of illegal acts -- one using improper means to obtain the information of the customer; the second violation of the privacy of clients.

"Anti Unfair Competition Law" article tenth for using improper means to obtain commercial secrets have provisions, but the law does not clearly define the resale of citizen information. This is also the "Anti Unfair Competition Law" should be an important aspect of improving.

Professor Wang Liming in the editor of "personality right law" a book that: the right of privacy is an independent personality right of natural person enjoys to its individual and public interests, personal information, private activities and private sector to dominate. Our law does not make provisions on the right of privacy, according to the judicial interpretation of our country, in the law practice, usually in order to protect the right of reputation in the form of the protection of personal privacy. But the legal liability of infringement of personal privacy, there is still a blank.

[Conclusion]

Although the car sales is a new thing, is selling insurance innovation, but also learn from Europe and the United States insurance experience. But the way, the resulting regulatory:

1, the insurance sales fact nuisance, the current insurance marketing power and telephone fraud, telephone harassment and called the people's three largest phone cancer.

2, car phone sales infringing citizen's right of privacy.

There are obvious illegal obtained 3, auto sales information, regulatory, legal blind spot.

Learn from Europe and the United States insurance experience is a good thing, but they America the Federal Trade Commission has "telemarketing sales rule" and "the telephone consumer protection act", and the national "no dial (do not call)" login system for subjective unwilling people shield "answering the telephone sales of electrical pin harassment" and so on can use, good things got, but marked by obvious traces of vicious competition China insurance.

 

Recommendations on the legal unsound premise, insurance supervision department pay more attention to supervise the process of Auto Electric pin:

1, restricted phone active expiration behavior of insurance company;

2, strengthen the telemarketing call recording on-site inspection;

3, the electric pin company customer information acquisition prior restraint, something in the track, after inspection three aspects of regulation.

Serve the people, is an old tradition we China. Development business, think of the common people to not?!

 

(Zheng Ming)