Can't be permanently closed without renewing? Audi responds to the pop-up window of the car machine

Observer.com

2024-05-27 13:55Posted on the official account of Shanghai Observer.com

(Text/Pan Yuchen Editor/Gao Xin) As the central control screen has gradually become the standard configuration of new car products, car owners who buy "smart" cars have also begun to be frequently harassed by pop-up advertisements.

According to a report by the Shenyang Evening News on May 23, three years ago, Mr. Li from Shenyang, Liaoning Province, bought a 2021 Audi A6L at a local Audi 4S store, and according to the sales contract between the two parties, the Audi 4S store gave Mr. Li a three-year in-vehicle networking service, which expired on March 31 this year. Mr. Li believed that the Internet of Vehicles (IoV) functions were limited, and the one-year service fee was as high as 1,188 yuan, so he did not renew the service after expiration.

However, after the service expires, every time Mr. Li starts the vehicle, the "Renewal Reminder" pop-up window for the in-vehicle service will appear on the central control screen for the first time. If you do not close it manually, the pop-up window will always be displayed, and all other interfaces, including the reversing image, will no longer be displayed, which will affect driving safety.

Image source: Shenyang Evening News

Later, Mr. Li wanted to communicate with the 4S store, but the 4S store where he bought the car had been withdrawn, so he could only call Audi customer service. The customer service told Mr. Li that he could close the pop-up window by resetting the system, but after he followed the customer service prompts, the pop-up window still persisted.

When Mr. Li called the official customer service again, the customer service said that he would notify the manufacturer's backend. After a long wait, Mr. Li received a reply that the pop-up window was designed by the manufacturer and could not be permanently closed by the owner.

Regarding the problem encountered by Mr. Li, the observer.com asked Audi for verification, and the other party said that the situation was true, but said that Mr. Li's problem had been solved, and said that so far, Audi has not received large-scale feedback on the pop-up problem.

Audi responded to the Observer website that the domestic Audi car machine system is mainly developed in Germany and localized in China. In this case, the 2021 A6L driven by Mr. Li is still the responsibility of the German side. The Audi model, which is based on the next-generation PPE/PPC platform, will choose to develop its in-vehicle system locally.

The Observer Network also noted that in recent years, Mr. Li's experience is by no means unique. Many car owners find that when they are driving a vehicle, a pop-up window will suddenly appear on the central control screen, blocking the navigation information they are using while driving, and its content is mostly an advertisement for car companies.

Image source: Interface News

Regarding the troubles and related legal issues caused by the pop-up window of the car machine system to car users, Observer.com consulted Zhao Jinghui, a partner of Beijing Jincheng Tongda & Neal Law Firm. In her opinion, the mainland has not yet made a specific normative document on the pop-up window of the car screen.

Zhao Jinghui said that Article 5 (6) of the "Provisions on the Administration of Internet Pop-up Window Information Push Services" issued in September 2022 stipulates that the provision of Internet pop-up window information push services shall protect the rights and interests of users, and clearly inform users of the specific form, content frequency, and cancellation channels of pop-up window information push services through service agreements, etc., fully consider the user experience, scientifically plan the frequency of pushes, and shall not unreasonably differentially push ordinary users and member users, and shall not interfere with or influence users to close pop-up windows in any form. and the pop-up information shall prominently indicate the identity of the pop-up information push service provider.

However, since this provision itself is not specific to vehicle usage scenarios, there are no further requirements on how the user can close the pop-up window, and whether the pop-up sender needs to provide a way to permanently close the pop-up window.

In addition, Article 4, Paragraph 2 of the Guidelines for the Protection of Personal Information in the Automobile Sales Industry issued in October 2023 stipulates that without the consent of consumers or the needs of driving safety, personal characteristics analysis and evaluation or automatic decision-making of information such as vehicle whereabouts, navigation records, driving records, road conditions, and browsing history shall not be conducted. Commercial sales or requests for permission applications must not be carried out by means such as phone calls, text messages, or pop-up windows, interfering with normal use. However, since the guidelines are not a law or regulation, they are not mandatory for OEMs.

If personal and property losses are caused by the pop-up window of the vehicle during driving, what kind of responsibility should the manufacturer bear? Zhao Jinghui said that first of all, it is necessary to confirm that the pop-up incident has a certain causal relationship with the occurrence of the accident, and analyze and judge it one by one according to the circumstances of each case, and cannot generalize:

For example, some vehicles also have a display in front of the passenger seat. If the pop-up window occurs on the passenger display, the causal relationship with the occurrence of the accident is weak. In this case, the OEM may not be liable for compensation;

Another example is that some vehicles have only one display in the whole vehicle, and do not have any head-up display or instrumentation devices for the driver to check the necessary information such as driving speed. If the pop-up window affects the driver's ability to view the necessary data, resulting in an accident, the OEM is likely to be liable for all or part of the damages.

Another example is Mr. Li's encounter - the pop-up window occurred and a collision occurred when the driver used the reversing image, and it is necessary to comprehensively consider whether the rear window of the vehicle is reasonably designed and other factors to determine the manufacturer's liability for compensation. Because the reversing image is only an auxiliary tool, the normal use of the auxiliary tool cannot necessarily lead to the occurrence of the accident in law, so the driver will still bear part of the responsibility for the accident.

Zhao Jinghui said frankly that although the frequent appearance of pop-up windows may distract drivers and pose a threat to driving safety, it is still difficult for drivers to prove the causal relationship between pop-ups and accidents. Article 62 of the Regulations for the Implementation of the Road Traffic Safety Law (2017 Revision) stipulates that for the purpose of driving safety, the driver should check the information on the screen of the vehicle without affecting driving safety. If the manufacturer is required to bear the liability for the vehicle accident solely on the grounds that the pop-up window appears and cannot be used normally, it may be difficult for the court to support the claim.

In her opinion, once the car owner encounters a similar problem, unless there is a clear contract agreement on the renewal of the relevant service or the form of a pop-up window, it is still recommended that the car owner file a complaint with the local consumer rights protection committee in accordance with the Consumer Rights Protection Law.

This article is an exclusive manuscript of Observer.com and may not be reproduced without authorization.

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