How can the problem of operators not keeping their promises, the quality of goods or services has shrunk significantly, and operators have lost contact and run away, taking away large amounts of prepaid fees, and it is difficult for consumers to protect their rights?
Barber cards, fitness cards, food and beverage cards, there are a lot of prepaid cards we use in our daily life. Consumers can enjoy preferential benefits through prepaid cards, and operators can withdraw funds and increase user stickiness. At the same time, the prepaid consumption scenarios are constantly expanding, and they are used in housekeeping services, outdoor play, video entertainment and other fields, and the resulting consumer disputes are also more complicated.
The China Consumers Association released the "2023 Report on the Protection of Consumer Rights and Interests in the Field of Prepaid Consumption", detailing six major issues, including the difficulty of consumers to apply for a card and refund fees, the difficulty of operators to recover losses for consumers who run away, and the difficulty of protecting consumers' rights, and suggesting that relevant legislation should be further improved.
Not long ago, the "Regulations for the Implementation of the Law on the Protection of Consumer Rights and Interests" was officially promulgated, which actively responded to consumer concerns, took the regulation of prepaid consumption as one of the key points, and came up with governance measures to strengthen the obligations of business operators.
From the three aspects of establishing a "written contract", strengthening "performance according to the contract", and clarifying the "notification during the event", the regulations strengthen the constraints on business operators to comply with their commitments, and reduce the difficulty of adducing evidence for consumer rights protection.
Taking the "written contract" as an example, if the consumer prepays "volume for price", if the constraints on the operator are not enough, it is likely to leave hidden problems. For example, a consumer in Shanghai complained that after a beauty salon company recharged 5,000 yuan to apply for a membership card, after completing the card, the merchant said that only the money in the perm card was deducted, and there was an additional charge for shampooing and blowing. The consumer disputed and requested a refund, which was denied. The reason why merchants can "change faces" at will is that they have not signed a written agreement.
The Regulations specify that if a business operator provides goods or services by receiving a prepayment method, it shall enter into a written contract with the consumer. This regulates the responsibilities of the contracting party from the source, and also reminds consumers to consume rationally.
Operators running away are the most criticized problems by consumers, and several "shoulds" in the regulations point to the key points. "Where proprietors decide to suspend business or relocate service venues, they shall inform consumers in advance" and "Where proprietors fail to provide goods or services as agreed, they shall perform the agreement or refund the advance payment in accordance with the consumer's requirements." In addition, the relevant person in charge pointed out that "for those who run away after the advance fee, they will also be included in the list of serious violations and dishonesty in accordance with the law." ”
In recent years, some places have launched special supervision platforms and banks to custody prepaid funds, which to a certain extent have changed the situation of lack of protection of prepaid funds and eliminated certain loopholes and risks. The regulations fill the gap in the rules for prepaid consumption at this stage.
For the first time, the regulations give consumers the right to terminate the contract, and the operator must refund not only the balance of the advance payment, but also the performance of the contract and the breach of contract. Supporting consumers to say "no" to unfair contracts is a powerful way to enhance consumers' gaming ability and enhance consumers' sense of security.
The whole process and all scenarios of prepaid consumption are included in the scope of the rule of law, unified and standardized from the legislative level, and the administrative departments strengthen dynamic supervision on a daily basis, so as to solve the specific problems that the people are concerned about. Boost consumer confidence, stimulate consumption vitality, and make prepaid cards "sincerity cards" and "trust cards".
(Written by Toro, Torikawa)
Source: CCTV News