The price of number porting was increased, and China Mobile's docking person "found no such person"?| Brother Xi came to help

Recently, Mr. Jiang, a consumer in Chengdu, complained to the Consumer Quality News that when he handled the broadband number portability, the package tariff promised by the previous marketing personnel suddenly changed, but when he complained to the operator, he found that the marketing personnel claiming to be "China Mobile staff" "did not find this person" in the official, and it was difficult to protect his rights.

encounter

Recently, Mr. Jiang saw someone in the community announcing a preferential package for mobile broadband companies, so he consulted through China Mobile's official hotline 10086 and the Douyin account of "Chengdu Mobile", and left his contact information. Since then, Mr. Jiang has been contacted by a number of marketers who claim to be "China Mobile staff." On April 4, Mr. A (pseudonym), who claimed to be a staff member of the mobile company, called Mr. Jiang to connect with the port, and the two parties then added WeChat. The reporter saw in the chat record provided by Mr. Jiang that Mr. A introduced to Mr. Jiang that the broadband package fee is 115 yuan per month, and on this basis, the monthly payment is 85% off, and the half-year payment is 55% off, and the preferential price policy can be renewed after two years. At the same time, the invoice can be issued according to the original price of the package of 228 yuan. In addition, a camera will be added to the package. Based on the more affordable tariff of the mobile broadband package, Mr. Jiang decided to port the number and replace the telecom broadband he had been using with mobile broadband. On the afternoon of April 7, he completed the operation of withdrawing China Telecom's broadband network according to Mr. A's guidance. On April 8, Mr. Jiang made an appointment with Mr. A to apply for network access at 6 p.m. on the same day. Just 2 minutes before the agreed installation time, Mr. A suddenly informed Mr. Jiang on WeChat that "the package has been adjusted", and the original 115 yuan package can no longer be handled, and only the 145 yuan package can be handled, and the invoice can only be issued according to 145 yuan. "Telecom broadband has been withdrawn, and at the end of the day, he suddenly said that the tariff has changed, what can I do but accept it?" In the case of being in a hurry to use the Internet, Mr. Jiang was forced to agree to a package of 145 yuan. At around 6:30 on the same day, Mr. Li, a staff member of the mobile company, came to the door to complete the network access for Mr. Jiang.

complaints

Marketers "can't find this person" "I decided to transfer the mobile because of the discount, but now not only did I not save money, but I also increased the cost, and I feel that I have lost a lot. After the incident, the more Mr. Jiang thought about it, the more angry he became, and he believed that the temporary change of broadband package tariffs was suspected of false publicity and unfair competition, so he complained to China Mobile's 10086 and 10080 hotlines. Soon after, Mr. Jiang received a call from a person claiming to be a back-office worker at a mobile company, who responded to Mr. Jiang's complaint. The staff member said that Mr. A, whom Mr. Jiang complained about, "did not find such a person" in the company, and only Mr. Li, who came to the door to handle the network access for Mr. Jiang, was an employee of the company, but the network access procedures were normal, and there was no forced handling, so it could not be handled. Since then, Mr. Jiang has complained several times, but the staff member "hinted" that Mr. Jiang should not complain again, and said, "I will call you several times if you complain, and just complete the task." Subsequently, the reporter contacted the staff who handled Mr. Jiang's complaint. After the reporter expressed his intentions, the other party said that he was a backstage staff member and asked the reporter to find the official, and claimed: "It is illegal for you to find me, don't call me, I will report you immediately if you call." The call was then hung up.

doubt

The identity of the marketer is a mystery, what is the identity of Mr. A, and why does the mobile company "find no such person"? Mr. Jiang is puzzled. Mr. Jiang approached Mr. Li, who came to handle the online access for him, and the other party said that "Mr. A informed him to handle the door-to-door processing", and as for the relationship between the two, the other party only said "I know, but he seems to have resigned", so he was unwilling to disclose any other information. On the morning of April 16, the reporter dialed Mr. A's phone. He told reporters that he "has been out of the mobile company for a long time." As for how he first contacted Mr. Jiang, Mr. A said one moment that "he came to us for consultation", and then changed his words, "I can't figure out whether he took the initiative to contact me or if I took the initiative to contact him." In the face of reporters' questions, Mr. A was always vague and kept avoiding the topic. In the chat records provided by Mr. Jiang, the reporter also saw that in fact, before Mr. A contacted Mr. Jiang, a manager Liu who claimed to be from the Xiangyang Business Hall of Fengxi Avenue, Wenjiang District, Chengdu City, China Mobile, added his WeChat, and the other party said that 10086 sent his broadband intention order to the business hall and showed the dispatch record of 10086. Later, when Mr. A contacted Mr. Jiang, he said that he and the business hall were "together". However, when the reporter contacted Manager Liu of the business hall for verification, the other party said that he did not know Mr. A and did not transfer Mr. Jiang's business to others. "We also have our own business indicators, so if we want to do the list, I must do it myself, and it is impossible to hand it over to others. Manager Liu said. Mr. Jiang told reporters that he had only consulted on 10086 and the "Chengdu Mobile" Douyin account, and left his contact information. He speculated that if it wasn't for the 10086 dispatch, then Mr. A was most likely from the "Chengdu Mobile" Douyin account. So, Mr. Jiang contacted the Douyin account again, and the administrator asked him to join the fan group for consultation and feedback, but when Mr. Jiang entered the group to complain, he was immediately kicked out of the group by the administrator, and the complaint information posted in the group was also withdrawn and deleted.

oppugn

How did Mr. A, who had "no such person" in the mobile company, learn that Mr. Jiang had a need for broadband and obtained his contact information, and why was he able to advertise the mobile company's package and arrange for the mobile company's employees to come to the mobile company to handle the access to the network? Not only that, but from the initial marketing to the final complaint handling, why did all the staff contact Mr. Jiang using a private account instead of an official outbound number? A series of "unsolved mysteries" made Mr. Jiang question the management of the mobile company: " I suspect that's how mobile companies are evading liability. The reporter found in the Internet that in 2021, the Beijing News published an investigative report "Crazy "Mobile Outbound Calls": Pretending to be customer service calls 110,000 times a day, even coaxing and deceptive packages", exposing that a number of outbound call companies in Shenyang hired hundreds of employees to pretend to be China Mobile's official customer service, and adopted deceptive means to fool users into handling mobile services. The mobile company is not unaware of this, "Although outbound calls are expressly prohibited, outbound teams can bring revenue to the mobile company." After the report fermented, Liaoning Mobile asked the Shenyang branch to immediately rectify, terminate cooperation with illegal channels, include it in blacklist management, and seriously hold relevant units and responsible persons accountable. At the same time, Liaoning Mobile apologized for the incident.

parlance

On April 12, when the staff of the mobile company applied for another card for Mr. Jiang, he "sent a message" to Mr. Jiang saying that Mr. A proposed that if Mr. Jiang was not satisfied with the broadband tariff, he could switch back to Telecom Broadband after three months, and Mr. Jiang would not be charged any fees during this period. But Mr. Jiang was not satisfied with such a solution, he told reporters that he was originally a senior user of China Telecom broadband, and after withdrawing, it means giving up the remaining rebate of China Telecom 1511 yuan, 13 years of high-star membership rights and preferential policies, even if he is transferred back to China Telecom broadband, he can no longer enjoy the previous rebate and the relevant rights and policies of old members. Mr. Jiang expressed the hope that China Mobile will be held accountable for false publicity, unfair competition, and violation of the principle of good faith. At the same time, we will honor Mr. A's invitation and commitment, and compensate for the losses caused by the withdrawal of China Telecom's broadband, namely: the loss of the remaining rebate, the loss of the package tariff of 20 yuan/month, the loss of the package tariff of 7%, and the loss of the rights and interests of high-star members. So, can Mr. Jiang hold the mobile company accountable, and what compensation can he claim? The reporter consulted Mao Xingqi, a lawyer at the Sichuan Henghexin Law Firm, on this matter. Mao Xingqi said that Article 172 of the Civil Code stipulates: "If the actor does not have the power of agency, exceeds the power of agency, or after the power of agency is terminated, he still carries out the act of agency, and the counterpart has reason to believe that the actor has the power of agency, the act of agency is valid." In this case, Mr. A, claiming to be a staff member of the mobile company, introduced the mobile package to Mr. Jiang and instructed Mr. Jiang to operate the number porting network. Mr. A's conduct meets some of the characteristics of apparent agency, and if it constitutes apparent agency, then the act of agency will be effective against the mobile company, and Mr. Jiang can require the mobile company to perform the contract according to Mr. A's promise, and he can claim that the mobile company bears the liability for breach of contract. "If it can be proved that the mobile company deliberately deceived consumers into porting their numbers through preferential prices, Mr. Jiang can claim 'one refund and three compensations' in accordance with Article 55 of the Consumer Rights Protection Law. Mao Xingqi said. Mao Xingqi pointed out that according to Article 39 of the Law on the Protection of Consumer Rights and Interests, Mr. Jiang's rights protection channels include negotiating a settlement with the operator, requesting mediation by a consumer association or other mediation organization established in accordance with the law, complaining to the relevant administrative department, submitting an arbitration institution for arbitration in accordance with the arbitration agreement reached with the operator, and filing a lawsuit in the people's court. In addition, according to Article 8 of the Measures for the Handling of Complaints by Telecommunications Users issued by the Ministry of Industry and Information Technology, Mr. Jiang is not satisfied with the outcome of the mobile company's handling and may file a complaint with the complaint acceptance agency of the province, autonomous region or municipality directly under the Central Government where the respondent is located.

All-media reporter Li Jingwei

Source | Consumer Quality Report

Edit | Sun Jiayu

Proofreading | Chen Ruini

Editor-in-charge | Zhang Ke

Audit | Tu Wei

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