Izvestiya of Saratov University.

Economics. Management. Law

ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)


Full text PDF(Ru):
Language: 
Russian
Heading: 
Article type: 
Article
UDC: 
346.7
EDN: 
FSIQPM

Misseling as a modern tool of unfair sales of banking products and services in commercial banks

Autors: 
Sinichenko Olesya Andreevna, Taganrog Institute of Management and Economics
Abstract: 

Introduction. Misseling has become a problem for commercial bank customers today. Misseling can be found both in large credit institutions and small banks. Formally, this is not a violation of the law, but, in fact, misleading of the client. In fact, there is a bank fraud when selling a banking product or service. Despite the fact that this phenomenon can be found in almost any bank to varying degrees of participation, from a scientific point of view it has not yet been sufficiently studied, although recently the Bank of Russia has made an attempt to regulate this process legislatively. Theoretical analysis. The article analyzes the concept of “misseling” and its place in the technique of unfair sales of banking products and services in commercial banks. Modern types of misseling are distinguished: unfair information, related sales, opaque pricing, sale of unsuitable products, product substitution. Empirical analysis. It was revealed that the number of misseling cases in the banking sector in the analyzed period increased, one of the reasons was a significant reduction in the key rate after its high value, low level of the population’s financial literacy. Against the background of a significant decrease in complaints related to investment life insurance, there was an increase in complaints related to cumulative life insurance, as well as the number of all other complaints on various topics. Results. The directions of improvement on encountering misselling by the Bank of Russia, commercial banks and clients are formulated and described. One of these areas was the introduction of new rules for the sale of financial products by the Bank of Russia. If the Central Bank of the Russian Federation detects a violation on the part of a commercial bank, it has the right to issue an order to the financial institution to suspend the sale of the product until the problems are eliminated. In some cases, the Bank of Russia may oblige the bank to buy back from customers all products sold in violation and make a full refund.

Reference: 
  1. Vidy nedobrosovestnogo povedeniya uchastnikov fi nansovogo rynka (Types of unfair behavior of fi nancial market participants). Available at: https://cbr.ru/protection_rights/np/ (accessed 27 September 2022) (in Russian).
  2. Otchet o rabote s obrashcheniyami za yanvar’–iyun’ 2022 goda. Sluzhba po zashchite prav potrebiteley i obespecheniyu dostupnosti finansovykh uslug (Report on the work with appeals January–June 2022. Service for Consumer Protection and Ensuring the Availability of Financial Services). Available at: https://www.cbr.ru (accessed 27 September 2022) (in Russian).
  3. Sviridov O. Yu., Nekrasova I. V. Misseling as the main form of unfair sales of financial products in Russia: And ways of counteraction. State and Municipal Management Scholar Notes, 2018, vol. 4, pp. 134–138 (in Russian). https://doi.org/10.22394/2079-1690-2018-1-4-134-138
  4. On consumer rights protection. Law of the Russian Federation 2300-1 of 07.02.1992 (an edition of 14.07.2022). ATP «Consultant» [electronic resource] (in Russian).
  5. Solodky S. Chto takoe misseling v banke i kak ego pobedit’? (What is misseling in a bank and how to defeat it?). Available at: https://rskrf.ru/tips/eksperty-obyasnyayut/obman-v-bankakh/?ysclid=l8jzbahxek425676831 (accessed 27 September 2022) (in Russian).
  6. On Minimum (Standard) Requirements for the Volume and Content of Information Provided by a Credit Institution Acting on Its Own Behalf when Making a Transaction with an Individual on the Paid Alienation of Securities, when Concluding Contracts that are Derivative Financial Instruments, or Acting on Behalf and (or) on behalf of a non-credit financial institution when concluding financial services contracts with an individual, including their terms and risks associated with their execution, as well as the form, methods and procedure for providing the specified information. Instruction of the Bank of Russia of 10.01.2022 no. 6057-U (Registered with the Ministry of Justice of the Russian Federation of 12.04.2022 no. 68175). ATP «Consultant» [electronic resource] (in Russian).
  7. On minimum (standard) requirements for the conditions and procedure for the implementation of voluntary life and health insurance of the borrower under the consumer credit (loan) agreement, to the volume and content of the information provided on the contract of voluntary life and health insurance of the borrower under the consumer credit (loan) agreement, and also about the form, methods and procedure for providing this information. Instruction of the Bank of Russia of 17.05.2022 no. 6139-U. ATP «Consultant» [electronic resource] (in Russian).
Received: 
14.10.2022
Accepted: 
20.11.2022
Published: 
01.03.2023