CCTV Beijing, February 3 (Reporter Zhou Yifan) According to the Voice of China News of China Central Radio and Television, recently, "difficulty in withdrawing money from Internet platforms" has once again become a hot spot of social concern. Last month, the Guangzhou Internet Court heard a dispute over an online service contract arising from the withdrawal of remuneration from a content creation platform. User Lin opened a self-media account on a platform, because of the rules set by the platform that no withdrawal of less than 100 yuan was set, and a balance of 65.01 yuan in Lin's account could not be withdrawn. After the trial, the court found that the clause "less than 100 yuan cannot be withdrawn" was invalid.
After the case attracted attention, the number of complaints about the "withdrawal" routine of the Internet platform on the complaint platform increased. Some consumers reported that the red envelopes they earned in accordance with the rules of the platform and the cash they won by doing tasks encountered many restrictions in the withdrawal process. How do you view the withdrawal rules set by the platform, and how do users protect their legitimate rights and interests?
Open a takeaway platform,"Limited time exclusive check-in to receive a large amount of cash" activity popped up a page,According to the prompt,You can receive up to 6 yuan in cash by signing in for three consecutive days,Platform user Qi Xiang (pseudonym) felt that this task seemed easy to complete,So he clicked on the first day of sign-in。
Qi Xiang, a user of a food delivery platform, opened the software and found that he could do tasks and withdraw money
Qi Xiang said: "There is an entrance to a short video below, there is a pop-up window after opening, and the top of the pop-up window shows a quick withdrawal to the account, and then how many yuan, draw a few videos, follow its next instructions, after a few simple operations, I found that there are more than 18 yuan in the account, and then I thought about whether it can be withdrawn." ”
Click into the withdrawal page, the first column is the withdrawal amount of 20 yuan, Qi Xiang thinks, according to the prompts, watch a few short videos, and it is not difficult to make up enough 20 yuan to withdraw.
Qi Xiang said: "It has a withdrawal standard, it is full of 20 yuan can be withdrawn directly, I am now more than 18 yuan, just do a few more tasks, delay a few minutes may be withdrawn, I will follow its task to brush the video, each task to give you 1000 gold coins, to exchange the balance, found that 1000 gold coins can be exchanged for 1 cent, I think this is very easy to complete, calculated, should be more than 10,000 gold coins, I can directly withdraw 20 yuan." ”
After simply clicking on a few videos, the account balance shows that there is already 18.46 yuan, but the amount of money earned by doing tasks again is getting smaller and smaller
After brushing for about half an hour, he finally got together more than 10,000 gold coins, but Qi Xiang found that the original rule that 1,000 gold coins could be exchanged for 1 cent had become only 5 cents.
When the balance is getting closer and closer to 20 yuan, the exchange system is also more complicated, the user first has to do the task to earn gold coins, and then exchange gold coins for cash, as the amount approaches, 10,000 gold coins can be exchanged for less and less cash, the user thinks: "This may be an infinitely close but never reachable amount"
Qi Xiang said: "It is about to get close to the goal of withdrawal, and its proportion will be seriously reduced." Before, it was 1000 gold coins to 0.1 yuan, now it is 1000 gold coins can only be exchanged for 0.05 yuan is 5 cents, and when your withdrawal amount exceeds 19.5 yuan, it becomes 1000 gold coins can only be exchanged for 1 cent, no matter how to do it, there is a task limit every day, telling you to come back tomorrow to do the task, once you get close to 20 yuan, the proportion of its withdrawal is getting lower and lower. And it has another monetary system, it will give you the exchange of lucky value, exchange for a star or a diamond, and then exchange it for gold coins, and then use gold coins to exchange money, and after you get close to the withdrawal amount, its settlement system will become more and more. ”
Not only is it difficult to "do tasks to get cash", but many consumers also reflect other cash withdrawal routines on the Black Cat complaint platform. Some consumers reported that they provided a play service on a game APP to earn service fees, but encountered the restriction of not allowing withdrawals of less than 100 yuan; Some consumers reported that they participated in activities on a reading platform to make money and withdraw, but when they earned enough 10 yuan to withdraw, the interface showed that they could only withdraw 20 yuan, and when they earned enough 20 yuan, the rule became 30 yuan to withdraw the threshold...... In addition, there are many consumer complaints that it is difficult to receive cash when they participate in the activities of inviting new users to earn red envelopes on various platforms.
Complainant: Supermarket activities are to invite friends to place orders in the supermarket, and then you can get money. $15 per person.
Reporter: If you invite two newcomers, you can get 30 yuan, you were successful at that time, didn't you?
Complainant: Right. But it won't give me withdrawals, (hint) the current event is too hot. I tried for two or three days, day and night, (that is) I didn't let mention the cash I got from inviting it to the event.
For many people, the routine of restricting withdrawals greatly reduces the experience of using the platform.
Chen Yan, a user from Henan, said: "It will make you a few cents." But, after all, I also wasted so much time to order, right? The 99.9 yuan you originally thought, I will send it to another person, and then help me point it, is it 0.1 (yuan) arrived, I didn't think that after 0.1 yuan, let me save a few gold coins, I saved enough gold coins, and then save a few virtual goods. ”
Qi Xiang believes that there is no essential difference between these activities of receiving red envelopes or carrying cash for doing tasks and earning remuneration through other labor. He questioned whether the setting of unreasonable restrictions was suspected of infringing on the legitimate rights and interests of consumers.
Qi Xiang said: "It is equivalent to spending your time cost, and has been repeatedly brushing traffic to it, including helping it do tasks, earning some advertising fees in the middle, draining, and using your clicks to complete their tasks, and then telling you that it must be an integer to withdraw, so the time cost you pay is not cost-effective." ”
Some experts said that some platforms may be trying to save costs and control the number of small withdrawals. Zhang Yuxia, deputy director of the Social Welfare and Legal Aid Business Research Committee of the Shanghai Lawyers Association, believes that if such clauses are concluded without consultation with users, they are standard clauses.
Zhang Yuxia said: "Whether the withdrawal rules set by the platform are reasonable depends on the specific conditions. If the platform fails to perform the obligation of prompting or explaining, causing the other user to fail to pay attention to or understand, or unreasonably exempts the platform from reducing the liability of the platform, increasing the user's liability, or restricting the user's main rights, such terms are standard terms and may be found to be invalid. For example, the clause that sets a minimum withdrawal amount of 100 yuan has been found invalid by the court. ”
Zhao Zhanzhan, a special researcher at the Intellectual Property Center of China University of Political Science and Law, said that the platform provides activities such as red envelopes or rewards, and in terms of legal nature, a contractual relationship has been formed between the platform and the consumer, and both parties need to abide by the contract. When such restrictions or regulations are extremely onerous and difficult to meet, consumer fraud may be suspected.
Zhao Zhanzhan said: "The key is that before consumers participate in the event, the merchant platform should clearly inform consumers whether there are any relevant conditions and restrictions on its use and withdrawal, or the exchange of points for gifts and physical objects." It would be unreasonable to say that consumers were not clearly informed in advance. Whether it constitutes fraud depends on whether it has some false promotional terms on the relevant event page, such as how many red envelopes you can get as long as you invite new people in, it clearly states that it can be withdrawn and used, but in fact it has various conditions, in this case it involves fraud to consumers. ”
Zhang Yuxia reminded that for such withdrawal routines, on the one hand, they can file a complaint with the administrative department for industry and commerce, and then form supervision over the platform, and for suspected fraud and false publicity, users can also protect their legitimate rights and interests through legal channels.
Zhang Yuxia said: "In terms of administration, the administrative department for industry and commerce, that is, the Market Supervision and Administration Bureau, is generally under the supervision and control of the administrative department for industry and commerce, and for acts of fraud and false publicity, it may be ordered to make corrections, warned, confiscated illegal gains, and imposed a fine of not less than one time but not more than 10 times the amount of illegal gains; if there are no illegal gains, a fine of not more than 500,000 yuan shall be imposed; and if the circumstances are serious, it may be ordered to suspend business for rectification and revoke its business license." In terms of criminal law, if a person is suspected of a criminal offense such as fraud or pyramid scheme, the market regulation department shall, in accordance with relevant provisions, transfer it to the judicial organ for investigation of criminal responsibility. ”
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