Reserve Bank of India (RBI)Guidancemedium

Commercial Banks (India-wide)

India

The RBI issued a new framework governing loan recovery practices related to EMI defaults, specifically addressing device-locking by banks. Under the rules, banks cannot arbitrarily lock a phone or other device for missed EMI payments; if a device EMI remains overdue for more than 60 days, the bank must issue a notice giving at least 21 days to pay, followed by a second notice of at least 7 additional days before further action. The framework also prohibits recovery agents from threatening, harassing, or disclosing customer information on social media, and banks cannot disable essential device functions such as incoming calls, SMS, or emergency SOS. The instructions apply to commercial banks but exclude small finance banks, payment banks, regional rural banks, and local area banks. This is relevant to the BaaS ecosystem as device-financing and EMI-based lending are common in fintech-bank partnership models in India.

Verified from source: RBI issued rules governing EMI default recovery practices, specifying that banks cannot immediately lock phones/devices upon missed EMI payments. The rules establish notice periods, timelines, and required procedures before device restrictions can be imposed, and set deadlines for reactivating devices after payment is made.

Implications
  1. Fintech lenders and their bank partners in India must revise device-locking and recovery agent protocols to comply with the new RBI framework
  2. BaaS and embedded lending platforms offering device financing on EMI will need to implement the prescribed notice periods before restricting device access
  3. Recovery practices by third-party agents working on behalf of banks are now subject to explicit behavioral restrictions, increasing compliance burden on bank-fintech partnerships
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