Legal knowledge
Paragraph 1 of Article 55 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests stipulates that if a business operator commits fraud in providing goods or services, it shall, at the request of the consumer, increase the compensation for the losses suffered, and the amount of the increased compensation shall be three times the price of the goods purchased by the consumer or the cost of the service received by the consumer; Where the amount of increased compensation is less than 500 RMB, it is 500 RMB. Where the law provides otherwise, follow those provisions.
Recently, Mr. Zheng from Shantou contacted the surging quality report complaint platform and said that in early October this year, he found that without his knowledge, Shantou Mobile had opened a number of paid services for himself without authorization, and the total amount of deductions reached 544 yuan.
Since October 3, Mr. Zheng has continued to report the matter to Shantou Mobile, but it has not been properly resolved.
In this regard, the relevant person in charge of Shantou Mobile responded that it has been resolved through consultation with users, but it is inconvenient to disclose more details. After contacting Mr. Zheng, he said that the two parties had settled under the mediation of the Guangdong Consumer Council, and Shantou Mobile would refund him 80 yuan and send him a 1,000 yuan recharge card for compensation.
The details of the business that Mr. Cheng alleged to have deducted fees without authorization
According to Mr. Zheng, at the beginning of October, he felt that his pre-stored phone bill with a China Mobile number was different, so he logged in to his account to check the details, and then found that he had opened multiple deduction services under his name, and he did not know about them.
Mr. Zheng said that as of October, Shantou Mobile had deducted a total of 544 yuan for the business handled by him without authorization, including 464 yuan for the "broadband TV super member" that had been deducted for 16 months, 20 yuan for the "main broadband TV package" that had been deducted for 2 months, and 60 yuan for the "CQSF_300M mobile broadband" that had been deducted for 2 months.
He said that since October 3, he has repeatedly contacted a number of departments of China Mobile, asking the other party to thoroughly investigate the reasons for the unauthorized deduction, reply to himself in writing with the results of the investigation, and ensure that similar behavior will not occur in the future, and asked Shantou Mobile to "refund one and compensate three" in cash for the 544 yuan he was deducted without authorization.
Mr. Zheng said that as of November 24, the mobile customer service had contacted him several times, but said that he could only apply to his superiors to refund the unauthorized deduction in the form of phone charges and a recharge card as compensation.
"I have made it clear to them that I do not accept the result and am not satisfied." Mr. Zheng said that in several communications with the staff of Mobile, China Mobile had failed to provide evidence of Mr. Zheng's independent signing of the contract for him in the case of "signing a contract under a false name and deducting fees without the consent of the user". He is vague about the process of opening a deduction business without authorization, and he also avoids talking about how to correct it in the future.
Since no agreement has been reached with Shantou Mobile, Mr. Zheng said that he had reported the matter to the Guangdong Provincial Consumer Protection Commission on November 3.
Mr. Zheng's complaint was filed with the Guangdong Consumer Protection Commission
From November 27th to 29th, The Paper contacted China Mobile Shantou Branch several times on this matter, and the relevant person in charge of Shantou Mobile responded that it has been resolved through consultation with users, and users are satisfied with the treatment plan, but for the protection of user privacy, more information cannot be disclosed.
In the afternoon of the same day, Mr. Zheng reported to The Paper that under the auspices of the Guangdong Consumer Protection Committee, he had reached an agreement with Shantou Mobile to settle, "Shantou Mobile has stopped the erroneous charging items in this complaint and promised not to deduct the fees; They will refund me 80 yuan and send me a 1,000 yuan recharge card for compensation. ”
Mr. Zheng said that the failure to refund all the 544 yuan was because Shantou Mobile only promised to refund the business expenses of "mobile broadband and main broadband TV packages" that had been deducted without authorization, totaling 80 yuan; As for the "broadband TV super membership" business, which has been deducted for 16 months with a total of 464 yuan, although Mr. Zheng repeatedly emphasized that he never knew about the opening, Shantou Mobile still said that "the system shows that the broadband TV super membership was opened by the user himself through the app". Mr. Zheng said that Shantou Mobile could not provide evidence, but promised to stop the deduction, cancel the project, and was willing to "give away a 1,000 yuan recharge card".
Mr. Zheng said that he is still waiting for Shantou Mobile to fulfill its commitments, and he also made it clear to the China Mobile staff who contacted him that he has reservations about the handling of the matter, looks forward to improvements, and hopes to put an end to misdeeds such as unauthorized deduction of fees in the future.
Source: The Paper Intern: Wang Mochu Reporter: Lv Xinwen