On the morning of December 24, Ms. Zhang prepared to enter the trial site
Poster news reporters He Hui and Zhang Haizhen reported in Anyang, Henan
On December 24, in a cold wind and light snow, the female advocate of a Tesla female car in Anyang, Henan Province, sued Tesla for defamation infringement at the Beiguan District People's Court in Anyang City. Ms. Zhang claimed 50,000 yuan in moral damages from Tesla and demanded a public apology through the national media and official Weibo. Ms. Zhang said that after she "defended her rights on the roof" at the Shanghai Auto Show on April 19 this year, she was subjected to online violence and suspected that among those who insulted her were online "water troops."
Ms. Zhang revealed that after she was detained at the Shanghai Auto Show, Tesla wanted to sign a confidentiality agreement with her, but it was meaningless to her at that time. The reason is that when she asked Tesla for the complete background driving data before the accident, the Tesla staff said that "you can't understand it for you", which made Ms. Zhang feel that her IQ was insulted, and she must have a real statement. In addition to the reputation infringement lawsuit currently in trial, she will also sue Tesla for data privacy, legal data information, and product liability disputes, and there are 4 lawsuits to be fought.
The owner believes that Tesla's statement violates its reputation and has been subjected to online violence such as abusive attacks
The cause of the incident was related to a traffic accident on February 21 caused by a suspected brake failure. After the incident, Ms. Zhang made many negotiations with Tesla, and the Market Supervision Bureau presided over the consultation, but no agreement was reached on a solution. On April 19, Ms. Zhang climbed onto the roof of a Tesla show car during the Shanghai Auto Show to defend her rights and was placed under administrative detention by the Shanghai police for five days for disturbing public order.
Ms. Zhang said in the indictment that on April 19, Tao Lin, Tesla's global vice president, said in an interview with the media: "The recent negatives are all contributed by her (referring to the plaintiff)," "only willing to pay high compensation," "I must insist on high compensation," and "I think she is very professional, and there should be (people) behind her." At the same time, Tesla's official Weibo also said on April 19 that "the owner strongly rejects all the plans we propose." Ms. Zhang believes that the above statement is intended to create a negative image of her unreasonable trouble and professional car trouble, seriously misleading public opinion, resulting in her and her husband being attacked and abused by the Internet, and the reputation loss is heavy.
Indictment provided by Ms. Zhang
The reason why the lawsuit was filed on the reputation infringement first, rather than on the Tesla brake problem, Ms. Zhang explained that the lawsuit is to talk about evidence, and first of all, there must be (complete driving) data to identify who is responsible for the accident. "I'll restore my reputation first, and then I'll file a judicial case against the core issue of the vehicle's braking."
In response to Tesla's statement that she is "very professional", Ms. Zhang said, "As a consumer, I hope that I am not professional or knowledgeable in rights protection. But in the face of this problem, to find out the truth of the accident, you must learn the professional knowledge of the car. During this time, I was contacted by many experts and engineers in the automotive industry through the network, and I consulted with them to learn a lot. ”
"My rights protection incident has been seriously, meticulously and comprehensively investigated by the Shanghai police, and the rights protection incident is my personal behavior and has nothing to do with any individual or brand." Ms. Zhang explained that during the detention of her roof rights during the Shanghai Auto Show, she was investigated by the Qingpu Public Security Police. "We have to believe in the police's ability to handle cases, if there is such a thing (contact with other individuals or car companies), will the police transfer my abnormal funds, personal call records, where have I been, who have I met?" Certainly not just 5 days of detention. ”
For a long time after the "roof rights protection", Ms. Zhang's Weibo message appeared in a lot of unfriendly voices, "There are also some netizens who do not know the truth will personally attack me and insult me with vulgar language." She suspected that some of them were network water troops: "Some Weibo accounts use my avatar, and the Weibo name is directly called 'Zhang Moumou (Note: Ms. Zhang's name) is a dog', and Weibo has not sent related things, so I use this account to copy and paste all kinds of insults and attacks on me under each of my Microblogs." ”
Insist on defending rights to the end and refuse confidentiality agreements only because of a sentence of "you can't understand it."
Ms. Zhang told the public network poster news reporter that at the beginning of the rights protection, Tesla proposed that the car could be repaired and sold at a good price, but she did not accept. Some netizens believe that this is a good solution for an ordinary car owner, and question why Ms. Zhang has to work so hard, bear so much pressure, and still insist on taking the difficult road of rights protection?
Ms. Zhang told her where her heart knot lies: Before this matter attracted social attention, she hosted a mediation at the Zhengdong Market Supervision Bureau on March 15 this year, "When I said I wanted the data of the vehicle incident, Tesla staff clearly replied to me and said, 'Our data is very complicated, and you can't understand it if you provide it to you'." At the time I said you provide it to the regulatory authorities. Tesla staff said, 'Even if I provide it to the (regulatory) leader, the leader can't understand it.' ’”
Ms. Zhang said that after she defended her rights on the roof of the Shanghai Auto Show, Tesla had offered to sign a confidentiality agreement, but she refused. "It didn't make sense to me then. If I had come up with this attitude to solve the problem before, I would have accepted it. But while you discriminate against me, you also have to sign a confidentiality agreement with me, which I think is very unfair, and I can't swallow this breath. Ms. Zhang said that it was because of the sentence "You can't understand it for you" that she felt that her IQ was insulted, "Do you think of me as a fool, I must ask you for a real statement." ”
"I became the owner of this brand out of love for this brand, but I got this reply. Don't say that the consumer is God, I don't think he has even the slightest respect for the user. Ms. Zhang said she was irritated by Tesla's problem-solving attitude.
Regarding the administrative detention of "roof rights protection" for 5 days at the auto show site, Zhang Nu said that if it were not for the desperation, no one would be willing to defend her rights through an unsafe and dignified way. She has previously mediated four times through various methods, including under the auspices of the regulatory authorities, but it has not been resolved. "I really didn't have a way, I just got to the roof of the car, I hope that in the future, I don't need anyone to defend their rights by standing on the roof of the car."
"I'm a Scorpio person, paranoid, that's right." When talking about her personality, Ms. Zhang said: "If I don't want to worry about others, I won't worry; but if you want to provoke me, I will have to worry about you." ”
On April 19, Ms. Zhang issued a statement from Tesla after defending her rights on the roof of the Shanghai Auto Show.
It felt like life was stuck
If you had the opportunity to say a word to yourself who climbed on the roof a few months ago, what would you like to say to yourself?
Faced with this problem, Ms. Zhang blurted out almost without hesitation: "I don't have anything to say to myself at that time, but I have something to say to me in 2019, because I haven't bought this car in 2019, and I will say you don't buy Tesla." Then I probably won't have so many encounters. ”
Ms. Zhang admitted that after the Shanghai Auto Show "roof rights protection", it seriously affected her normal life. "I used to be a person who loved life very much, liked to drink coffee, cook food, travel, get fit, exercise, punch, swim, because the rights defense thing was shelved. So I told myself to work hard to defend my rights, and when I was successful, I would do what I wanted to do. ”
Before defending her rights, Ms. Zhang felt that she was living a very happy life and living a very stable life; after the rights protection incident, "my life seemed to be stuck, I couldn't enter, I couldn't retreat, and there was only this one thing in my daily life." This matter is not resolved, and interest in everything else is lost. ”
"If my conditions, time, and energy allow it, then I will definitely find the truth of the matter through reasonable and legal means." If one day I'm really tired, or if my conditions don't allow it, then I'll take a break, go play for a while, and then come back and continue. Ms. Zhang said.
Ms. Zhang told the public network poster news reporter that in addition to this defamation infringement lawsuit, Ms. Zhang believes that Tesla's act of disclosing the data of the first minute of the accident through the media on April 22 violated her data privacy, and she will also file a lawsuit against Tesla. Coupled with lawsuits for infringement of the legal right to know, and product quality liability disputes against Tesla's brake problems, there are now 4 (lawsuits) to be fought.
In response to this lawsuit, Terrass responded: "I have indeed received a notice of trial of the case, will actively respond to the lawsuit, respect the judicial decision, and do not want to interfere too much before this and mislead public opinion." ”
"Do you think 2021 will be any different from before?" In the face of the reporter's question, Ms. Zhang pondered for a few seconds and then replied: "It's a little complicated, a sigh." ”