Can I sue for collection, disclosure of personal information, and harassment of address book contacts?

Yes, but if the case is not serious, the court may not accept it, but the police can be called to impose public security management penalties; if the case is serious, the case can be appealed to the court.

Article 42 of the "Public Security Administration Punishment Law" Who commits any of the following acts shall be detained for not more than five days or fined not more than 500 yuan; if the circumstances are more serious, he shall be detained for not less than five days but not more than ten days , may also be fined up to five hundred yuan:

(1) Writing threatening letters or threatening others' personal safety in other ways;

(2) Blatantly insulting others or fabricating facts to defame others Others;

(3) Fabricating facts and falsely accusing others in an attempt to subject others to criminal prosecution or public security management penalties;

(4) Threatening witnesses and their close relatives , insult, beat or retaliate;

(5) Send obscene, insulting, threatening or other messages multiple times, interfering with the normal life of others;

(6) Peeping and secretly filming , eavesdropping, or disseminating other people’s privacy.

Article 293 of the "Criminal Law" The crime of picking quarrels and provoking troubles includes any of the following acts of picking quarrels and provoking troubles, disrupting social order, and shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or surveillance:

(1) Beating others at will, the circumstances are serious;

(2) Chasing, intercepting, insulting, and intimidating others, the circumstances being serious;

(3) Taking things by force or Arbitrarily damaging or occupying public or private property, if the circumstances are serious;

(4) Making trouble in public places, causing serious disorder in public places.

Whoever gathers others to commit the acts mentioned in the preceding paragraph multiple times and seriously disrupts social order shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and may also be fined.

Extended information

Case:

Ms. Lu borrowed 930 yuan from an APP called "Flash Silver" a year ago. The debt was overdue, but debt collection text messages were recently sent to the mobile phones of several of Ms. Lu's friends, with all kinds of obscene and abusive words on them that were unsightly.

Beijing Shanyinqi Technology Co., Ltd. yesterday denied that the text message was sent by a third-party company entrusted by it, and said that Ms. Lu’s loan record could not be found. In this regard, the lawyer believes that the content of the text message is suspected of being illegal and his liability can be pursued.

Last year, Ms. Lu borrowed 930 yuan through a mobile phone credit software called "Shanyin". Due to the delay in repaying the loan, the late fee was as high as 1,300 yuan. Ms. Lu said that because she lost her mobile phone once and forgot her Silver Flash password, she had contacted customer service to try to repay the loan, but since she did not receive a reply from customer service, she dropped the matter.

Until recently, four or five of Ms. Lu’s friends told her almost at the same time that they had received text messages and phone calls from the outsourcing collector of Flash Bank, and the content of the text messages was unsightly. "I don't know how they got the phone number of my friend. These text messages were sent to my boss, which made me particularly embarrassed."

From the screenshot of the text messages provided by Ms. Lu, the reporter saw that the content of the text messages In addition to mentioning "ask your friend to repay the money", it is also full of obscene and abusive words, saying "If she doesn't repay the money, I will scold you every day."

The reporter saw from a complaint platform that there were dozens of complaints against the violent collection of Quick Silver, all of which accused the collector of Quick Silver of "swearing", "personal attacks" and "harassing others" etc. behavior.

Yesterday, a reporter reported this situation to Beijing Shanyinqi Technology Co., Ltd. The customer service staff said that they had indeed received reports from users that they had been violently collected, but they did not know the specific situation. The reporter expressed that he hoped to contact the relevant personnel. person in charge.

But yesterday afternoon, a staff member of Shanyinyi called and said, "We can't confirm now that this is from our collection agent or collection company." Regarding the mobile phone number that sent the violent collection text messages, the staff member said, "This is definitely not the number we use."

The staff member said that Shanyin has indeed cooperated with many collection companies, "all of which should be well-known collection companies." When the reporter asked if he confirmed it, the staff member hesitated and changed his words, "This is There are regular companies everywhere."

The reporter called the mobile phone number that sent the violent text messages, and the man who answered the call said, "This number used to be silver, but now it is my private number." However, when talking about whether he was engaged in flash silver collection work, the man changed his story and said, "I have never heard of flash silver. I bought my mobile phone number from the business hall two days ago. Don't lie to me."

Then he hung up the phone hurriedly.

Li Shaofei, a partner at Beijing Yingke Law Firm, said that if the nature of the circumstances is serious and affects the normal lives of others, then the collector’s behavior is suspected of being illegal. “According to the Public Security Management Punishment Law, that is, multiple Anyone who sends obscene, insulting, threatening or other information that interferes with the normal life of others may be detained for not less than five days but not more than ten days if the circumstances are serious, and may also be fined not more than five hundred yuan.”?

Guangming.com - A friend who failed to repay the loan was violently called for payment "Flash Silver": no abusive text messages were sent